Common use of Signage Clause in Contracts

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).

Appears in 3 contracts

Samples: Lease (Levi Strauss & Co), Lease (Levi Strauss & Co), Lease (Levi Strauss & Co)

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Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor Tenant shall have the right, upon right to install signage on the west and/or east building faces in an area not less to extend closer than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that one foot to the extent Lessor continues (in the exercise north or south boundary of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor premises. Signage shall not permit any Key Competitors (as defined be greater in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front total area than of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to total sign area allowable by the Lease. Lessor City of for the entire east and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior west faces of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain building. Tenant shall install all Tenants signage within the atrium of the Building consisting of a film coating identifying Lesseeat Tenant’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any in a workmanlike manner. Landlord shall have the right to review and all laws, statutes, ordinances approve Tenant’s signage and governmental rules, regulations shall grant approval within five days of submittal or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessorprovide a written list of objections. Landlord’s prior approval, which approval shall not be unreasonably withheldwitheld. In addition addition, Landlord shall grant Tenant of time on Landlords reader board (compared to all time the foregoing board is operating for advertisements). Landlord shall allow Tenant twelve (12) changes per annum. Reader board signage rights with respect shall also be subject to Landlord’s approval as other provided herein SQUARE FOOTAGE: All square footage is measured from the exterior surface of exterior walls and the centerline of common walls. The square footage of the Building and lease is agreed to be 803 square feet. If the monument signage within the Exterior Common Areas, so long actual square footage to be built as (a) Lessee, an Affiliate of Lessee per Landlord’s plans submitted to tenant for approval AND for building permit is more or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable less than square feet at Levi’s Plazathe rent will be adjusted proportionally with a maximum adjustment of 10%. If the adjustment would be more than 10% either party may (but is not required to) terminate lease without recourse. All documents such as schedules, exhibits and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceededlike documents are incorporated herein and shall initialed by all parties. If TENANT is a corporation, Lessee shall have the right each person executing this lease represents and warrants that he is duly authorized to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all execute and deliver this lease on behalf of the Levi’s Plaza designations currently located on corporation. Those persons further represent that the bus stops terms of this lease are binding upon the corporation. In Witness Whereof, the undersigned LANDLORD and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front TENANT execute this lease to be effective as of the Xxxx Building on Sansome Streetday and date first above written. In the event that any of the conditions contained in the foregoing clauses (a), (bTENANT(s) and (cLANDLORD(s) are not satisfied, either Lessor or Lessee shall have the right to remove the Signature Signature Signature Signature EXHIBIT LeviAname from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) THE PREMISES The Premises begin at the sole cost and expense of the requesting party, upon which removal all use of the EXHIBIT LeviBname to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).LANDLORD’S WORK

Appears in 2 contracts

Samples: Commercial Lease, Wisconsin Commercial Lease

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of Subject to this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the BuildingArticle 33, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee Tenant shall be entitled to install, maintain and replace signage promoting Lesseeat Tenant’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations signage in the elevator lobby of each full or requirements applicable to such signage, and all such partial floor of the Tower Premises leased by Tenant (provided that signage (including, without limitationon partial floors shall be Project-standard), the signage identified for Tenant’s Kiosk described in items (A), (B) and (CSection 30(p) above and any modifications to or replacements the following signage (collectively, “Tenant’s Signage”) at the Project: (i) exclusive elevator lobby signage on the first floor of the Tower for the Banner and/or elevator bank for the Atrium Premises (collectively, “Elevator Lobby Signage”), which Elevator Lobby Signage shall reflect Tenant’s standard logo and graphics, (ii) signage on a multi-tenant monument to be constructed by Landlord at Landlord’s sole cost and expense within twelve (12) months of the Commencement Date (“Shared Monument Signage”), which monument shall be the approximate location shown on Exhibit “I” and pursuant to the specifications reasonably determined by Landlord, and which Shared Monument Signage shall be located in the top signage position on the monument, and (iii) exclusive monument signage at the approximate location shown on Exhibit “I” (“Exclusive Monument Signage”). Except as expressly provided in this Article 33 above, and except as shown on Exhibit “I”, the graphics, materials, size, color, design, lettering, lighting (if any), specifications and exact location of Tenant’s Signage (collectively, the “Signage Specifications”) shall be subject to Lessor’s the prior approvalwritten approval of Landlord, which approval shall not be unreasonably withheld. Landlord has, however, approved the Signage Specifications shown on Exhibit “G”. In addition addition, the Signage and all Signage Specifications therefore shall be subject to Tenant’s receipt of all required governmental permits and approvals, shall be subject to all applicable governmental laws and ordinances, and all covenants, conditions and restrictions affecting the foregoing signage rights Project. Tenant hereby acknowledges that, notwithstanding Landlord’s approval of Tenant’s Signage and/or the Signage Specifications therefor, Landlord has made no representations or warranty to Tenant with respect to the exterior probability of obtaining such approvals and permits. In the event Tenant does not receive the necessary permits and approvals for Tenant’s Signage, Tenant’s and Landlord’s rights and obligations under the remaining provisions of this Lease shall not be affected. The cost of installation of Tenant’s Signage, as well as all costs of design and construction of Tenant’s Signage and all other costs associated with Tenant’s Signage, including, without limitation, permits, maintenance and repair, shall be the sole responsibility of Tenant. Notwithstanding anything to the contrary contained herein, in the event that at any time during the Term of this Lease (or any Option Term, if applicable), Tenant fails to lease at least three (3) full floors in the Tower (whether by virtue of the Building Termination Option or due to Tenant’s exercise of the extension Option for less than all of the Premises or otherwise), then Landlord shall have the right (but not the obligation), at Landlord’s sole cost and the monument signage within the Exterior Common Areasexpense, so long as to modify (a) Lessee, an Affiliate the Elevator Lobby Signage so that it is no longer the exclusive sign on the first floor of Lessee or a Permitted Assignee is the Lessee under the LeaseTower for Tenant’s elevator bank, (b) Lessee continues to lease the Shared Monument Signage so that Tenant’s signage is no longer located at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plazathe top location, and (c) the Square Footage Threshold (Exclusive Monument Signage so that Tenant’s signage is no longer exclusive to Tenant. The rights to Tenant’s Signage shall be personal to the Original Tenant and any Affiliated Assignee and may not otherwise be transferred. Should Tenant’s Signage require maintenance or repairs as defined determined in Paragraph 3 above) has not been exceededLandlord’s reasonable judgment, Lessee Landlord shall have the right to maintain provide written notice thereof to Tenant and Tenant shall cause such repairs and/or maintenance to be performed within thirty (30) days after receipt of such notice from Landlord at Tenant’s sole cost and expense. Should Tenant fail to perform such maintenance and repairs within the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained period described in the foregoing clauses (a)immediately preceding sentence, (b) and (c) are not satisfied, either Lessor or Lessee Landlord shall have the right to remove cause such work to be performed and to charge Tenant, as Additional Rent, for the “Levi” name from cost of such work. Upon the Leviexpiration or earlier termination of this Lease (or the termination of Tenant’s Plaza complex (including all of the LeviSignage right as described above), Tenant shall, at Tenant’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense expense, cause the Signage to be removed from the applicable monument or exterior of the requesting party, upon which removal all use Project (as applicable) and shall cause the applicable monument or the exterior of the “Levi” name Project (as applicable) to identify be restored to the Property condition existing prior to the placement of Tenant’s Signage. If Tenant fails to remove Tenant’s Signage and to restore the applicable monument or exterior of the Project (as applicable) as provided in the immediately preceding sentence within thirty (30) days following the expiration or earlier termination of this Lease, then Landlord may perform such work, and all costs and expenses incurred by Landlord in so performing such work shall cease and Lessor be reimbursed by Tenant to Landlord within ten (10) days after Tenant’s receipt of invoice therefor. The immediately preceding sentence shall thereafter have survive the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease, Assignment of Sublease Agreement (Coinstar Inc)

Signage. Paragraph 12 of Provided (i) Tenant leases the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior Total Rentable Floor Area of the Building, and (yii) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy no Event of Levi’s Plaza and the BuildingDefault exists, and (Biii) and so long as Lessee is leasing all Tenant has not assigned this Lease or sublet more than fifty percent (50%) of the rentable area in the BuildingPremises (except for an assignment or subletting permitted without Landlord’s consent under Section 5.6.1 hereof), Lessee Tenant shall be entitled permitted, at Tenant’s expense, to install, maintain and replace signage promoting Lessee’s business erect one (1) exterior sign on the exterior façade of the Building containing Tenant’s name and/or logo in a location first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. In addition, the design, size, proportions and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion color of such signage space reflecting Lessee’s proportional occupancy shall be subject to the prior approval of Levi’s Plaza Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and shall be further subject to the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front requirements of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior Zoning By-Law of the Building Town of Lexington and monuments within the Exterior Common Areas, any other applicable Legal Requirements (as defined in each case, in size Exhibit B-1) and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza to Tenant obtaining all necessary permits and the Buildingapprovals therefor. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby Tenant acknowledges and agrees that (1) Xxxxxx’s right to signage on the primary use of the Display Kiosks Building pursuant to this Section 2.2.2 is for advertising, promotion not on an exclusive basis and that Landlord may grant other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (tenants in the exercise of Lessor’s sole and absolute discretion) Complex the right to make any signage space within on the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) aboveSite; provided, furtherhowever, that Lessor shall Xxxxxxxx agrees not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any provide such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located signage for others on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BBother than signage identifying Landlord and/or its broker) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, for so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases Tenant is the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior sole tenant of the Building, provided, that at any time after . In the entire Building is no longer leased event Tenant erects a sign pursuant to this Lease by either LesseeSection 2.2.2 and Tenant subsequently assigns this Lease, or subleases more than fifty percent (50%) of its Premises (except for an Affiliate of Lessee assignment or a Permitted Assigneesubletting permitted pursuant to Section 5.6.1), Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to Xxxxxx agrees that it shall remove such Banner and/or Atrium signagesignage at Tenant’s expense if requested by the Landlord. Lessee In addition, Tenant shall complybe required, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including remove all of the Levisignage described in this Section 2.2.2 and restore any areas affected by the installation and subsequent removal of Tenant’s Plaza designations currently located on signage upon the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front expiration or earlier termination of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)Term.

Appears in 2 contracts

Samples: Lease (Fractyl Health, Inc.), Lease (Fractyl Health, Inc.)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within occupies the entire Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or and/or logo on the exterior of the Building, Building and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas. If Lessee does not so occupy the entire Building, Lessee shall have a nonexclusive right to erect and maintain such signage, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areasaddition, so long as (a) Lessee, a Permitted Assignee, or an Affiliate of Lessee or a Permitted Assignee (a) is the Lessee under the Lease, (b) Lessee continues to lease occupies at least two three hundred ninety fifty thousand (290,000350,000) rentable square feet at within Levi’s Plaza, and (c) maintains its corporate headquarters or that of its Americas Division within Levi’s Plaza or within that certain building located at the Square Footage Threshold (corner of Union and Sansome Streets and commonly known as defined in Paragraph 3 above) has not been exceeded“The Icehouse”, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza Plaza. For purposes hereof, space shall be deemed “occupied” by Lessee if, and only if, (includingi) such space is leased to Lessee (and, without limitationexcept as permitted in the following clause (ii), such space is not subject to a sublease or assignment by Lessee or any designations on the bus stops other form of occupancy agreement between Lessee and Display Kiosks located within Levi’s Plazaany third party), or (ii) such space is subleased or assigned by Lessee to a Permitted Assignee, an Affiliate or a Lessee Contractor.

Appears in 2 contracts

Samples: Lease (Levi Strauss & Co), Lease (Levi Strauss & Co)

Signage. Paragraph 12 Landlord hereby grants to Tenant a right of first offer with respect to the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business rights on the exterior of the Building and on (the Building windows, skylights and atria “Signage Space”) in locations occupied by Caideh Management Company, LLC, or its successors and of a type deemed appropriate or desirable by Lesseeassigns (collectively, and (C) “Caiden”), subject to the extent Lessor (in the exercise terms and conditions of Lessor’s sole and absolute discretion) makes available to the office tenants this Paragraph. As long as Tenant leases at least 340,000 square feet of Levi’s Plaza signage space in the two Building and an Event of Default does not exist, at any time Caiden ceases to occupy the Signage Space or prior to altering Xxxxxx’s rights to Signage Space as of the date of this Amendment, Landlord will first offer Tenant the right to lease the Signage Space by delivering written notice (2an “Signage Notice”) kiosks located in to Tenant that such space is available to lease. Tenant shall have ten (10) business days from receipt of the Exterior Common Areas Signage Notice to accept or reject Landlord’s offer to lease the Signage Space. If Tenant fails to accept Xxxxxxxx’s offer within such ten (10) business day period, then Landlord shall provide a second written notice to Tenant (the “Display KiosksSignage Second Notice”), Lessee which shall be entitled to a portion provide in bold, all-capital letters in 16-point font at the top of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Buildingnotice as follows: “TENANT’S FAILURE TO GIVE WRITTEN ACCEPTANCE OF THE SIGNAGE OFFER WITHIN TEN (10) BUSINESS DAYS AFTER RECEIPT OF THIS SECOND NOTICE SHALL BE DEEMED TO CONSTITUTE TENANT’S REJECTION OF THE SIGNAGE OFFER.” If Tenant elects to lease such Signage Space, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is there will be no signage rental for the Lessee under the LeaseSignage Space, (b) Lessee continues Tenant shall be required to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plazainstall such signage, and (c) the Square Footage Threshold Lease will be amended to reflect to the foregoing items and any other applicable provisions. In the event Tenant rejects such offer or fails to accept Landlord’s offer to lease such Offer Space within such ten (as defined in Paragraph 3 above10) has not been exceededbusiness day period, Lessee Tenant shall be deemed to have rejected Landlord’s offer to lease the Signage Space and Landlord shall have the right to maintain lease the “Levi’s Plaza” identity with respect same to Levi’s Plaza, including all of the Levi’s Plaza designations currently located third parties on the bus stops terms and Display Kiosks located within Levi’s Plazaconditions determined by Landlord in its discretion, but expressly excluding in any event, not on terms and conditions that are more favorable to the Directory Kiosk located third party than the terms and conditions offered to Tenant in front of such Signage Notice and this Paragraph; provided, that, if the Xxxx Building on Sansome Street. In the event that any of the conditions contained same Signage Space again becomes available, it will be offered to Tenant as provided in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)this Paragraph.

Appears in 2 contracts

Samples: Rocket Companies, Inc., Rocket Companies, Inc.

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term 9 of the Lease (A) is hereby amended by adding the following new paragraph to the end thereof: “Tenant, at Tenant’s sole cost and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Buildingexpense, Lessee shall have (x) the non-exclusive right to erect and maintain place signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the top southeast corner of the Building windowsin a location to be mutually agreed upon by Landlord and Tenant, skylights subject to all applicable laws, codes and atria in locations regulations (including any zoning requirements), as well as any restrictions or covenants of record, Landlord’s signage and of a type deemed appropriate or desirable by Lesseedesign criteria, and (C) otherwise subject to Landlord’s prior approval, including but not limited to, Landlord’s approval of the extent Lessor (in the exercise of Lessor’s sole size, location and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion installation of such signage space reflecting Lessee’s proportional occupancy signage, provided: (i) Tenant is leasing from Landlord a minimum of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories Seventy-Two Thousand Seven Hundred Seven (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,00072,707) rentable square feet within in the Building, ; (ii) Tenant is the single largest tenant in the Building; (iii) Tenant has neither assigned the Lease nor sublet more than twenty-five percent (25%) of the Premises in the aggregate (so long as Tenant remains the largest Tenant in the Building after any such subletting); and (iv) Tenant has not been in default under the Lease beyond the expiration of any applicable notice and cure period at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on time during the exterior Term of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the BuildingLease. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor Landlord shall have the right, upon (x) at anytime during the Term of the Lease if any of the foregoing conditions are not less than fifteen met, or (15y) days prior written notice to Lesseeat the expiration or earlier termination of the Lease, to require Lessee Tenant to remove any or all of Lessee’s such signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessorat Tenant’s sole cost and absolute discretion) expense and to make repair any signage space within the Display Kiosks available to the office tenants of Levidamage caused by such removal at Tenant’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, except that, in the event that Landlord requires Tenant to remove its exterior signage because Tenant is no longer the single largest tenant in the Building, then such signage shall be removed at Landlord’s sole cost and expense. Tenant will be required to have an annual maintenance contract providing for the ongoing maintenance of such sign. The signage rights granted to Tenant in this Paragraph are personal to the original Tenant and may not be assigned by or to any person or entity other than the original Tenant, including in connection with any transfer permitted pursuant to Paragraph 27 of the Lease. Landlord shall use commercially reasonable efforts to cooperate with Tenant in obtaining any necessary authorizations and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to permits required in connection with such signage. Notwithstanding anything to the contrary contained herein, and all such signage for purposes of this Paragraph 13, a “Permitted Transferee” (including, without limitation, the signage identified as that term is defined in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium SignageParagraph 16 of this First Amendment) shall be subject deemed to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plazaoriginal Tenantidentity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the Tenant”. Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).

Appears in 2 contracts

Samples: Agreement of Lease (Reliant Pharmaceuticals, Inc.), Agreement of Lease (Reliant Pharmaceuticals, Inc.)

Signage. Paragraph 12 Sublessee shall have no right under this Agreement to erect a sign on the exterior of the First Amendment is deleted Building except as specifically provided for in its entirety this Section. At Sublessee’s written request. Sublessor shall request approval from Master Lessor, on behalf of Sublessee, for Sublessee to erect a sign with Sublessee’s name on it (“Sublessee’s Sign”), at Sublessee’s sole cost and replaced with expense, on the provisions of this Paragraph 8. During the term exterior of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within Building to replace Sublessor’s existing sign on the exterior of the Building, Lessee shall have (x) . In the exclusive right event that Master Lessor and Sublessor agree to erect and maintain signage with its corporate name or logo permit Sublessee to place Sublessee’s Sign on the exterior of the Building, the provisions of Exhibit G to the Master Lease, Exterior Sign, and the B3308725.6 provisions of Sections 4.23.1 (a) and (yb) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee Master Lease (except that Sublessee shall only be entitled to installrequest one sign and Sublessor shall have no obligation to assist Sublessee in applying for permits and approvals), maintain shall be incorporated herein and replace signage promoting Lesseeshall apply to Sublessee’s business Sign. Sublessor shall further request Master Lessor’s approval to place Sublessee’s name on the main directory sign for the Building and to place an entryway sign bearing Sublessee’s name next to Sublessee’s entryway into the Subleased Premises pursuant to Section 4.23.2 of the Master Lease; provided, however, that the preparation and placement of such interior signs shall be performed by Master Lessor at Sublessee’s sole cost and expense. Sublessor agrees to use commercially reasonable efforts to obtain Master Lessor’s approval pursuant to this Section; provided, however, that Sublessor shall not be required to institute legal action or incur any expense. Notwithstanding the foregoing, Sublessor shall have no obligation to remove its exterior sign for any reason including, without limitation, because Sublessee intends to place a sign on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and If Master Landlord agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to Sublessee may attach a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect sign to the exterior of the Building and the monument signage within the Exterior Common Areasand, so long as (a) Lesseein connection therewith, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the LeaseSublessee wants to remove Sublessor’s sign, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee then Sublessee shall have the right to remove the “Levi” name from the LeviSublessor’s Plaza complex (including all of the Levisign at Sublessee’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense and subject to the requirements of the requesting partyMaster Lease and this Sublease. Sublessee agrees to indemnify and hold harmless Sublessor from all costs and expenses, upon which removal all use including reasonable attorney’s fees, incurred by Sublessor as a result of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename LeviSublessee’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Leviremoving Sublessor’s Plaza)sign.

Appears in 1 contract

Samples: Sublease Agreement (Lightbridge Inc)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor Tenant shall have the right, upon right to install signage on the west and/or east building faces in an area not less to extend closer than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that one foot to the extent Lessor continues (in the exercise north or south boundary of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor premises. Signage shall not permit any Key Competitors (as defined be greater in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front total area than of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to total sign area allowable by the Lease. Lessor City of for the entire east and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior west faces of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain building. Tenant shall install all Tenants signage within the atrium of the Building consisting of a film coating identifying Lesseeat Tenant’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any in a workmanlike manner. Landlord shall have the right to review and all laws, statutes, ordinances approve Tenant’s signage and governmental rules, regulations shall grant approval within five days of submittal or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessorprovide a written list of objections. Xxxxxxxx’s prior approval, which approval shall not be unreasonably withheldwitheld. In addition addition, Landlord shall grant Tenant of time on Landlords reader board (compared to all time the foregoing board is operating for advertisements). Landlord shall allow Tenant twelve (12) changes per annum. Reader board signage rights with respect shall also be subject to Landlord’s approval as other provided herein SQUARE FOOTAGE: All square footage is measured from the exterior surface of exterior walls and the centerline of common walls. The square footage of the Building and lease is agreed to be 803 square feet. If the monument signage within the Exterior Common Areas, so long actual square footage to be built as (a) Lessee, an Affiliate of Lessee per Xxxxxxxx’s plans submitted to tenant for approval AND for building permit is more or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable less than square feet at Levi’s Plazathe rent will be adjusted proportionally with a maximum adjustment of 10%. If the adjustment would be more than 10% either party may (but is not required to) terminate lease without recourse. All documents such as schedules, exhibits and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceededlike documents are incorporated herein and shall initialed by all parties. If TENANT is a corporation, Lessee shall have the right each person executing this lease represents and warrants that he is duly authorized to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all execute and deliver this lease on behalf of the Levi’s Plaza designations currently located on corporation. Those persons further represent that the bus stops terms of this lease are binding upon the corporation. In Witness Whereof, the undersigned LANDLORD and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front TENANT execute this lease to be effective as of the Xxxx Building on Sansome Streetday and date first above written. In the event that any of the conditions contained in the foregoing clauses (a), (bTENANT(s) and (cLANDLORD(s) are not satisfied, either Lessor or Lessee shall have the right to remove the Signature Signature Signature Signature EXHIBIT LeviAname from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) THE PREMISES The Premises begin at the sole cost and expense of the requesting party, upon which removal all use of the EXHIBIT LeviBname to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).LANDLORD’S WORK

Appears in 1 contract

Samples: Wisconsin Commercial Lease

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall complyTenant, at its sole cost and expense, shall, subject to applicable laws, be permitted to install a monument sign (monochromatic) at one of the following locations: (i) in the North Courtyard with and the location/size/design to be mutually agreed upon by Landlord and Tenant or (ii) on the Xxxxxxx Road side of the complex at the “main entrance” of the 1501 building. In addition, Tenant shall, subject to applicable laws, be permitted to install a panel of the existing exterior monument sign at the Xxxxxxx Road (West) entrance for the 0000 X. Xxxxxxxxx Building; provided, however, that all costs related to the design, construction and installation of the monument sign shall be borne by Landlord (however, Tenant shall be responsible for the cost to construct and install its sign panel on the monument sign). Additionally, subject to Tenant leasing and continuously occupying a minimum of 90,000 square feet of Rentable Area in the Building, and subject to the approval of the Village of Schaumburg, Tenant will have the right to install, at its sole cost, a sign on the Building parapet at the top of the building. Notwithstanding the foregoing, Tenant’s failure to occupy the Leased Premises shall not void its signage rights provided that such failure does not exceed 90 days. Notwithstanding the foregoing, if after leasing at least 90,000 square feet of Rentable Area in the Building, the originally named Tenant or a Controlled Tenant ceases to lease at least that amount of Rentable Area in the Building (and for purposes of this sentence, cessation of leasing space in the Building shall include Landlord’s right to recapture such space in lieu of approving of an assignment or sublease to a non-affiliate of Tenant), Tenant shall not be entitled to maintain its Building parapet signage and shall immediately remove same. At such time as Tenant installs its Building signage, it shall no longer be entitled to the monument sign referenced in the first sentence of this paragraph, and Tenant shall at that time remove the monument sign and restore the landscaped areas to Landlord’s reasonable satisfaction; provided, however, that if Tenant is ever required to remove its Building parapet signage in accordance herewith, Tenant shall again be entitled to construct a monument sign as provided in the first sentence hereof . Additionally, Tenant shall be entitled to (i) Building standard signage in the Building directory in the lobby of the Building, (ii) Building standard signage in the Common Area corridor of each floor on which the Leased Premises is located and (iii) Building standard signage at the main entrance of the Leased Premises, all of which shall be paid for by Landlord. Tenant shall at its expense remove all of its exterior signage no later than the date on which this Lease expires, or sooner as required by this paragraph. Upon removal of Tenant’s exterior Building signage, Tenant shall restore the portion of the Building on which such signage was located to the condition in which it existed immediately prior to installation of such signage including repair of any damage resulting from such removal. Tenant shall, at its sole expense, maintain all of its exterior signage in first class condition and appearance throughout the Term in compliance with all laws, statutesexcept that the existing monument signage on which Tenant shall be entitled to a panel shall be generally maintained by Landlord, ordinances and governmental rules, regulations or requirements applicable Tenant shall only be responsible for maintenance of its panel. Prior to such installation of Tenant’s exterior signage, Tenant shall obtain Landlord’s prior written approval of its plans showing the size, design, location and method of installation of said sign, all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) of which shall be subject to LessorLandlord’s prior approval, written consent which approval shall not be unreasonably withheld. In addition Tenant shall be responsible, conditioned or delayed but which may be withheld based on Landlord’s aesthetic determinations. Landlord shall at no cost to Landlord support any variance application filed by Tenant with the foregoing Village of Schaumburg in order to obtain permits for Tenant’s exterior signage if and only if (i) Landlord determines in its reasonable discretion that such variance will not in any manner impair the availability of signage approvals or signage rights with respect to any improvements in the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, Property and (cii) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity Tenant reimburses Landlord for its reasonable out-of-pocket costs and expenses incurred for outside consultants who advise Landlord with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Streetsuch variance. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the SCHEDULE LeviM-2name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).EXPANSION RIGHTS ON FOURTH FLOOR EAST AND THIRD FLOOR SOUTH [CHART OF EXPANSION RIGHTS ON .....] Schedule M-2 INDEX Page

Appears in 1 contract

Samples: Agreement (American Pharmaceutical Partners Inc /De/)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so So long as Lessee leases the Premises consist of at least two hundred fifty thousand (250,000) 110,000 rentable square feet within and continues to include the Building, Lessee shall have (x) the exclusive right eastern entrance and lobby to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right subject to erect applicable laws, codes and ordinances, Tenant, at Tenant’s cost, may install and maintain signage (a) an exterior sign identifying Tenant on monuments the east façade of the Building within the Exterior Common Areaslocation shown on Exhibit 20.12, in size and attached, or another location appropriately reflecting Lessee’s proportional occupancy mutually agreeable to the parties, (b) a sign identifying Tenant on a new stone monument located off of Levi’s Plaza and Winter Street near the Buildingdriveway entrance to the Reservoir Xxxxx West Campus approximately as shown on Exhibit 20.12, attached, (c) a sign identifying Tenant on a monument sign located off of South Drive at the entrance to the Building approximately as shown on Exhibit 20.12, attached, (d) a sign identifying Tenant on a monument sign located near the west entrance to the Building as shown on Exhibit 20.12, attached, and (Be) and so long a 51 sign identifying Tenant on a monument sign located near the east entrance to the Building as Lessee is leasing all of the rentable area in the Buildingshown on Exhibit 20.12, Lessee attached. Any signage installed by Tenant pursuant to this paragraph shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior responsibility of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by LesseeTenant, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion design of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to LessorLandlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned, or delayed. In addition All signage described in this Section 20.12 shall be consistent in quality with similar signage in first class office, laboratory, research and development buildings. Landlord shall cooperate with Tenant, at Tenant’s cost, as is reasonably required for Tenant to obtain the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee approvals necessary for all such signage. Tenant shall have the right to install and maintain signage within the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole discretion (subject only to the provisions of Article 8), provided that such signage complies with applicable laws, codes and absolute discretionordinances and, to rename Levithe extent visible from the exterior of the Building, is consistent with interior signage found in first class office and laboratory parks in the Greater Boston area. At the expiration or earlier termination of the term, Tenant shall remove all of its signage and restore any damage caused by such removal. So long as Tenant leases at least 80% of the rentable area of the Building, Tenant’s Plaza (including, without limitation, any designations signage rights in this Section shall be the exclusive exterior signage rights on the bus stops Building (other than signage required by applicable laws, codes or ordinances, for ordinary and Display Kiosks located within Levi’s Plazacustomary Building signage identifying Landlord or its property manager, or as otherwise provided in the Landlord Work, and nothing in this sentence shall prohibit one (1) exterior monument sign identifying other tenants in the Building leasing at least 35,000 rentable square feet each, if any, from time to time).

Appears in 1 contract

Samples: Lease (Alkermes Plc.)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety Landlord will make standard lobby directory signage and replaced with the provisions of this Paragraph 8suite identification available to Tenant at Landlord’s expense. During the term of the Lease (A) and In addition, so long as Lessee Tenant leases at least two one hundred fifty thousand percent (250,000100%) rentable square feet within of the Building, Lessee Tenant shall have (x) be granted the exclusive right to erect and maintain signage place one sign with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting LesseeTenant’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building facing Burnet Road and monuments within a second sign with Tenant’s logo on the Exterior Common Areas, exterior of the Building facing Xxxxxxxxx Crossing. If Tenant leases less than one hundred percent (100%) but more than fifty percent (50%) of the Building (or if Tenant’s leasing of the Building drops below fifty percent (50%) due solely to the combination of the exercise by Tenant of the Downsizing Options referenced in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza Section 41.6 above and the Building. Notwithstanding item (C) above or any current use exercise by Landlord of the Display Kiosks which is being made by Lessee“Relocation Requirement” referenced in Section 41.9.2 below), Lessee hereby acknowledges and agrees that (1) then Tenant shall be granted the primary use non-exclusive right to place one sign with Tenant’s logo on the exterior of the Display Kiosks is for advertising, promotion Building facing Burnet Road and other similar uses and Lessor shall have a second sign with Tenant’s logo on the right, upon not exterior of the Building facing Xxxxxxxxx Crossing. If Tenant leases less than fifteen fifty percent (1550%) days prior written notice to Lesseeof the Building, to require Lessee to remove any or all then (unless Tenant’s leasing of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that Building has fallen below fifty percent (50%) due solely to the extent Lessor continues (in combination of the exercise by Tenant of Lessor’s sole the Downsizing Options referenced in Section 41.6 above and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front by Landlord of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory KioskRelocation Requirement referenced in Section 41.9.2 below), Lessee then Tenant shall have no rights to any exterior signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of on the Building. The location, providedsize, that at any time after the entire Building is no longer leased pursuant materials and graphics used for all signage are subject to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days Landlord’s prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. In addition All signage will be installed at Tenant’s expense or may be paid with any unused portion of the Allowance. Upon expiration of the Term of this Lease, Tenant shall remove all signage which has been installed for Tenant’s benefit and shall repair any damage to the foregoing signage Building caused by the removal of such signage. The rights with respect granted to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, Tenant under this Section 41.7 may be assigned by Tenant to any assignee which is an Affiliate or Successor of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s PlazaTenant, but expressly excluding are otherwise personal to Tenant and may not be assigned to or be utilized by any other assignee of Tenant or any sublessee of Tenant. Any assignment of this Lease to a party other than an Affiliate or Successor of Tenant shall automatically terminate the Directory Kiosk located in front rights of Tenant under this Section 41.7. A subletting by Tenant will not terminate the Xxxx Building on Sansome Street. In rights of Tenant under this Section 41.7, but no sublessee of Tenant will be entitled to utilized or enjoy the event that benefit of any of the conditions contained in the foregoing clauses (a), (b) and (c) are rights of Tenant under this Section 41.7. Landlord shall not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations place any advertising signage on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)Building.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (KBS Real Estate Investment Trust III, Inc.)

Signage. Paragraph 12 To the extent that Tenant’s sublease with a Qualified Subtenant grants rights in favor of such Qualified Subtenant to install and maintain one or more Tenant Signs in the Main Lobby of the First Amendment is deleted in its entirety and replaced with Building pursuant to Paragraph 39(C)(i) hereof, then the provisions Recognition Agreement of such Qualified Subtenant shall provide that such Qualified Subtenant shall, after the termination or cancellation of this Paragraph 8. During the term of the Lease (Aor Tenant’s right to possession hereunder) as aforesaid, only have the right to install and so long as Lessee maintain: (x) in the event that such Qualified Subtenant leases at least two hundred fifty thousand (250,000) rentable 100,000 square feet of Rentable Area within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior any elevator bank of the Building, and one (1) Tenant Sign in the area designated for tenant signage for such elevator bank within the Main Lobby, or (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of event that such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease Qualified Subtenant leases at least two hundred fifty thousand (250,000) rentable 300,000 square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior Rentable Area of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and Tenant Signs in all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior locations of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease Main Lobby at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) which Tenant has not been exceeded, Lessee shall have the right to install and maintain the “Levi’s Plaza” identity with respect Tenant Signs pursuant to Levi’s Plaza, Paragraph 39(C)(i) hereof (including all of the Levi’s Plaza designations currently located on (or on the bus stops lobby wall behind) any Tenant Lobby Desk). To the extent that Tenant’s sublease with a Qualified Subtenant grants rights in favor of such Qualified Subtenant to install and Display Kiosks located within Levimaintain an Exterior Tenant Sign at the Property pursuant to Paragraph 39(B) hereof, then the Recognition Agreement of such Qualified Subtenant shall provide that such Qualified Subtenant may continue to have such rights to install and maintain its Exterior Tenant Sign after the termination or cancellation of this Lease (or Tenant’s Plaza, but expressly excluding the Directory Kiosk located in front right to possession hereunder) as aforesaid only if such Qualified Subtenant leases at least 300,000 square feet of the Xxxx Building on Sansome Street. In the event that any of the conditions contained Rentable Area in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)Building.

Appears in 1 contract

Samples: Letter Agreement (KBS Real Estate Investment Trust II, Inc.)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases Tenant, at least two hundred fifty thousand (250,000) rentable square feet within the BuildingTenant's expense, Lessee shall have (x) the exclusive right during the Term (including the Renewal Terms, if applicable) to erect and maintain signage with its corporate name or logo install up to two signs on the exterior of Building's parapet. In addition, Tenant shall have the Building, and (y) right during the nonexclusive right to erect and maintain signage on monuments within the Exterior Common AreasTerm, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area common with other tenants in the Building, Lessee shall be entitled to install, maintain and replace Building-standard signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located pylon sign in front of the Koshland Building (1160 Battery Street) as well as at the entrance to the Building and in the elevator lobbies on floors occupied by Tenant. Such installation of Building-standard signage on the East side pylon and at the entrance and elevator lobbies shall be at Landlord's expense. The design and installation of Battery StreetTenant's parapet signage shall be in compliance with all applicable codes, ordinances, laws, regulations and statutes and the Declaration and further subject to Landlord's reasonable approval and supervision. Notwithstanding item It shall be a condition of Tenant's right to maintain its name on such signs that (A)(ya) above, if Lessee does Tenant is not lease in Default under this Lease and (b) this Lease is in full force and effect. It shall be a further condition of Tenant's right to maintain such parapet signage that Tenant is an occupant of at least two hundred fifty thousand (250,000) 70,000 rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of space in the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional (not including occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above any subtenants or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and assignees other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar usesAffiliates), provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plazahowever, such signage space made available to office tenants shall be apportioned as provided in item (C) above; providedif Tenant occupies less than 70,000 rentable square feet but more than 60,000 rentable square feet, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located Tenant may maintain one sign on the East side of Sansome Street Building's parapet. If Tenant occupies less than 60,000 rentable square feet in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”not including occupancy of any subtenants or assignees other than Affiliates), (BB) Lessor has permitted Lessee to erect and maintain signage within upon Landlord's written request Tenant shall remove its parapet signage, at Tenant's expense. Upon the atrium expiration or termination of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant Term or Tenant's right to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to retain such signage, Tenant, at Tenant's expense, shall remove its parapet signs. The rights granted to Tenant in this Section 30 are personal to TCI Great Lakes, Inc. and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements shall not inure for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheldbenefit of any subtenant or assignee (other than an Affiliate). In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, For so long as (aw) Lessee, an Affiliate of Lessee or a Permitted Assignee Tenant is the Lessee not in Default under the this Lease, (bx) Lessee continues to lease this Lease is in full force and effect, (y) Tenant is an occupant of at least two hundred ninety thousand (290,000) 60,000 rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses Building (a), (bnot including occupancy of any subtenants or assignees other than Affiliates) and (cz) are among Tenant's primary business activities is providing to the general public video, data, satellite or voice communications capabilities (e.g., a telephone company, cable television company or internet service provider), Landlord shall not satisfiedgrant to any other tenant in the Building whose primary business is providing to the general public video, either Lessor data, satellite or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex voice communications capabilities (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plazae.g., America Online, Ameritech, MCI or Qwest) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (but not including, without limitation, any designations on tenant whose primary business is providing software or hardware for such communications or content for such communications [e.g., Bloomberg, Dow Xxxxx or Salon Magazine]), the bus stops and Display Kiosks located within Levi’s Plazaright to maintain a sign in the lobby of the Building (not including mention of such tenant in any Building directory).

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Signage. Paragraph 12 Landlord shall provide standard directory signage for Tenant in the Building lobby and floor signage on each floor of the First Amendment is deleted Premises in its entirety the Building standard graphics, at Landlord’s cost and replaced with the provisions of this Paragraph 8expense. During the term of the Lease (A) and For so long as Lessee Tenant leases at least two hundred fifty thousand percent (250,00050%) rentable square feet within of the BuildingBuilding (including any and all space then leased by Permitted Transferees or space Tenant has sublet to third parties pursuant to the terms hereof, Lessee provided such space leased by third parties shall have not equal more than fifty percent (x50%) of the Premises), Landlord grants Tenant the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Buildingerect, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areasmaintain, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain operate and replace signage promoting Lessee’s business from time to time on, above, upon and in the Premises and exclusive rights to signage on the exterior of the Building and (except that Landlord may add a sign with the Building address on the Building windows, skylights Building) and atria in locations and of exclusive rights to erect a type deemed appropriate or desirable by Lessee, and (C) monument sign at the entrance to the extent Lessor Building (in provided such signage shall not prevent Landlord from installing a directory sign for Building tenants along the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”driveway on Hayden Avenue), Lessee at Tenant’s cost and expense, but if Tenant leases at least fifty percent (50%) of the Building and subleases at least fifty percent (50%) of the Premises to third parties, Landlord shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo one other sign on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size Tenant’s rights shall no longer be exclusive. All exterior signs and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of signs visible from the Building exterior (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signagechanges thereto) shall be subject to LessorLandlord’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. In addition to the foregoing The exterior signage rights with respect to the exterior of the Building and the monument signage within shall be in locations mutually agreed by Landlord and Tenant. Landlord may also erect a building directory sign including Tenant’s signage, along the Exterior Common Areasdriveway approaching the Building, at Landlord’s expense. For so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease Tenant leases at least two hundred ninety thousand fifty percent (290,00050%) rentable square feet at Leviof the Building (including any and all space then leased by Permitted Transferees), Tenant’s Plazaname shall be more prominent than the other tenants, and (c) shall be at the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all top of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)directory.

Appears in 1 contract

Samples: Lease Agreement (Vistaprint LTD)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety Section 44.01 Subject to applicable Legal Requirements and replaced with the provisions of this Paragraph 8. During the term of the Lease Section 44.04, provided that (Aa) Tenant and Tenant’s Affiliates shall be Occupying at least 5 full Floors and (b) Tenant shall be a BNYM Tenant (clauses (a) and so long (b) of this Section 44.01 being referred to as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building“Tenant’s Signage Conditions”), Lessee Tenant shall have (x) the exclusive right to erect place and maintain signage with its corporate name or logo on the exterior of the Building, and (yi) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and two signs on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) exterior identifying Tenant at the Xxxxx Xxx Xxxxxx Turnaround entrance to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas Building substantially as shown on Exhibit T-1 annexed hereto (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“BannerSouth End Signs”), (BBii) Lessor has permitted Lessee to erect and maintain signage within one sign on the atrium of South End Lobby Desk identifying Tenant substantially as shown on Exhibit T-2 annexed hereto (the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (Atrium SignageSouth End Desk Sign”), (iii) one sign on the Winter Garden Lobby Desk identifying Tenant substantially as shown on Exhibit T-3 annexed hereto (the “Winter Garden Desk Sign”) and (CCiv) without limiting Lessee’s obligations pursuant to one sign identifying Tenant in the Side Letterlobby of the elevator bank serving, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the date of this Lease, Lessee may continue to maintain the Banner and Atrium Signage within Mid-Rise Floors, substantially as shown on Exhibit T-4 annexed hereto (the interior of the Building, “Lobby Elevator Bank Sign”); provided, that at any time after that the entire Building is no longer leased pursuant to this Lease by either Lesseecorporate headquarters of BNYM Tenant are located in the Premises, an Affiliate clause (a) of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) Tenant’s Signage Conditions shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights deemed satisfied with respect to Tenant’s right to place and maintain the exterior of South End Desk Sign, Winter Garden Desk Sign and Lobby Elevator Bank Sign if Tenant and Tenant’s Affiliates are Occupying at least 4 full Floors (but the Building South End Signs shall at all times require that Tenant and Tenant’s Affiliates are Occupying at least 5 full Floors). Tenant shall also be entitled to place and maintain signage identifying Tenant, Tenant’s Affiliates or Subtenants in the elevator lobby on each full Floor and partial Floor (“Elevator Lobby Signage”). The South End Signs, the South End Desk Sign, the Winter Garden Desk Sign, the Lobby Elevator Bank Sign and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain Elevator Lobby Signage are collectively called the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).

Appears in 1 contract

Samples: Agreement (Bank of New York Mellon Corp)

Signage. Paragraph 12 Landlord retains absolute control over the exterior appearance of the First Amendment is deleted in its entirety Building and replaced with the provisions of this Paragraph 8. During Project and the term exterior appearance of the Lease (A) Premises as viewed from the Building Common Areas and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the BuildingProject Common Areas. Tenant will not, Lessee shall have (x) the exclusive right without Landlord’s prior written consent, install, or permit to erect and maintain signage with its corporate name be installed, any drapes, furnishings, signs, lettering, designs, advertising or logo on any items that will in any way alter the exterior appearance of the Building, the Project or the exterior appearance of the Premises as viewed from the Building Common Areas and (y) Project Common Areas. Any sign, advertising, design, or lettering installed by Tenant shall be considered an Alteration and shall be subject to the nonexclusive provisions of Article 15; provided that Landlord shall have the right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) withhold its consent to the extent Lessor (same in the exercise of Lessor’s its sole and absolute discretion. Notwithstanding the foregoing, Tenant shall have (a) makes available the exclusive right, without obligation, to the office tenants of Levi’s Plaza signage space in the two have its name (2including its logo) kiosks located in the Exterior Common Areas displayed on one (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and 1) building-top sign on the Building, provided that Lessee which building-top sign shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, be located on the Directory Kiosk located in front non-glass area of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior northeast portion of the Building and monuments within facing Xxxx Boulevard at the Exterior Common AreasWateridge intersection, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located generally shown on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 Exhibit I (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying LesseeTenant’s name, corporate logo and an advertising slogan (“Atrium Building-Top Signage”), and Landlord shall trim the trees shown on Exhibit I to maximize the visibility of Tenant’s Building Top Signage from Xxxx Boulevard (CC) without limiting Lessee’s obligations pursuant subject to the Side Letter, so long as Lessee, an Affiliate of Lessee terms and conditions set forth below in this Article 37) and such exclusive right shall be conditioned upon Tenant’s (or a Permitted Assignee leases Transferee’s) occupancy of the entire Premises, and (b) the nonexclusive right, without obligation, to have its name (including its logo) displayed on (i) signage at the front of the Building pursuant at the main entrance lobby, (ii) if approved by the City of San Diego and constructed by Landlord, prominently as the first and only signage on the top line of the monument sign located at the main driveway entrance to the LeaseBuilding, Lessee may continue to maintain (iii) prominently as the Banner first and Atrium Signage within only name on the interior top line of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage’s lobby directory, and all (iv) its pro rata portion of any other Project Signage (as that term is defined below) as reasonably determined by Landlord based on Tenant’s Percentage (the signage rights granted to Tenant in the foregoing subsections (a) and (b) shall be collectively referred to herein as “Tenant’s Signage”), subject to the terms and conditions set forth in this Article 37. Tenant hereby acknowledges that, as of the Effective Date, Landlord has not received approval from the City of San Diego (or any other authority with jurisdiction over the Project) for any exterior signage for the Project and, accordingly, Tenant’s right to any such signage (including, without limitation, Tenant’s Signage set forth above) is contingent on such approval. In addition, the signage identified in items specifications of Tenant’s Signage (A)including, (B) without limitation, the dimensions, and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signageconfiguration thereof) shall be subject to Lessor’s the prior approvalwritten approval of Landlord, which approval shall not be unreasonably withheld, provided that such specifications are consistent with Landlord’s sign program for the Project and all applicable Laws. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common AreasAs used herein, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).

Appears in 1 contract

Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.)

Signage. Paragraph 12 Landlord shall affix and maintain a sign adjacent to the entry door of the First Amendment is deleted Premises, together with directory strips listing Tenant’s name and its principals in its entirety and replaced with the provisions of this Paragraph 8. During the term lobby directory of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Buildingbuilding. Tenant shall not place or allow to be placed any other sign, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name decoration or logo on advertising matter that is visible from the exterior of the Building, Premises. (Section 5.2) Space Planning and (y) Substitution: Landlord shall not have the nonexclusive right to erect and maintain signage on monuments within relocate the Exterior Common Areas, in size and location appropriately reflecting LesseeTenant’s proportional occupancy of Levi’s Plaza and premises during the Building, and (B) and so long as Lessee is leasing all primary term of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and lease. (CSection 7.6) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee GPS Antenna: Tenant shall have the right to maintain and operate, within an area designated by Landlord, during the “Levi’s Plaza” identity Term of this Lease, a GPS antenna system. Landlord may impose a reasonable architectural review fee in connection with respect to Levi’s Plaza, including all its approval of the Levi’s Plaza designations currently located on Antenna. Landlord shall waive a license fee for the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding Antenna during the Directory Kiosk located in front initial thirty six (36) months of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a)Lease, (b) and (c) are not satisfiedthere after, either Lessor or Lessee shall have Landlord reserves the right to remove charge its normal monthly fee for rooftop antennae/dishes unless otherwise agreed in writing by both parties. (Section 22.6) Short Form Lease Abstract 00000 Xxxxxxx Xxxxxx, Xxxxxx, Xx. Workletter: Landlord shall provide a tenant improvement allowance equal to $23,660.00 for improvements to the “Levi” name from premises. Tenant must utilize said allowance within six (6) months following the Levi’s Plaza complex (including all commencement date. The allowance can be utilized for improvement to the space as well as for data cabling. OFFICE SPACE LEASE BETWEEN THE IRVINE COMPANY AND SIRF TECHNOLOGY, INC. OFFICE SPACE LEASE THIS LEASE is made as of they day of the Levi’s Plaza designations on the bus stops 5th day of February, 2002, by and Display Kiosks located within Levi’s Plaza) at the sole cost between THE IRVINE COMPANY, hereafter called “Landlord,” and expense of the requesting partySIRF TECHNOLOGY, upon which removal all use of the INC., a Delaware corporation, hereafter called Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)Tenant.

Appears in 1 contract

Samples: Utilities and Services (Sirf Technology Holdings Inc)

Signage. Paragraph 12 During the Term, provided Tenant is leasing: (i) all or any portion of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the BuildingUpper Level Premises, Lessee Tenant shall have (x) the exclusive right to erect and maintain signage with its display a sign bearing Tenant's corporate name or logo and/or Tenant's name: (A) by Tenant's elevator bank on the exterior first (1st) floor of the BuildingBuilding in an area mutually agreed upon by Landlord and Tenant, (B) on any floor in the Building which is leased entirely by Tenant, (C) as the exclusive name on the outside of the Building over the LaSalle Street Entrance ("LaSalle Street Sign"), and (yD) as the exclusive name, on the placard on the east elevation of the Building flanking the north side of the main entrance, and on the placard on the north elevation of the Building flanking the west side of the Monroe Street entrance; and (ii) the nonexclusive Retail Premises, Tenant shall have the right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business display a sign bearing Tenant's corporate logo and/or Tenant's name on the exterior plaques on the corner of the Building between LaSalle Street and on the Building windowsMonroe Street ("Retail Signs"). The LaSalle Street Sign, skylights Retail Signs and atria in locations all other signs referenced above shall be collectively herein referred to as "Tenant's Signs" and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (shall be located generally in the exercise areas depicted on Exhibit K-1 attached hereto and made a part hereof. The design, character, color, material, form, location and method of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) affixing Tenant's Signs shall be subject to Lessor’s Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, provided that Tenant's Signs conform and are consistent with the appearance of the façade of the Building. Notwithstanding the foregoing, Landlord approves Tenant's signs as set forth on Exhibit K-2. Landlord's approval of Tenant's Signs shall in no way be deemed a representation by Landlord that Tenant's Signs conform with applicable laws, building codes or zoning ordinances. In addition to all events, Tenant shall be responsible, at Tenant's sole cost and expense, for maintaining, replacing, repairing and removing Tenant's Signs and shall maintain and repair Tenant's Signs in a good condition in keeping with the foregoing signage rights with respect to appearance of the exterior façade of the Building. Alternatively, at the request of Tenant, and at the option of Landlord, Landlord will contract for the maintenance of Tenant's Signs provided that Tenant reimburse Landlord in full for any reasonable, out-of-pocket, market-based costs associated therewith. No later than the Termination Date, unless requested otherwise by Landlord, Tenant shall remove any or all of Tenant's Signs and restore the portion of the Building affected thereby to a condition reasonably satisfactory to Landlord. Tenant shall pay for any and the monument signage within the Exterior Common Areasall license and permit fees and governmental approvals required in connection with Tenant's Signs and hereby agrees to indemnify, so long as (a) Lesseedefend and hold Landlord harmless from and against any and all direct and out-of-pocket loss, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Leasecost, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plazadamage, expense, liability, fine, penalty and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza lien (including, without limitation, reasonable attorneys' fees and court costs) incurred by Landlord and connected in any designations on manner with Tenant's Signs. The signage rights granted to Tenant pursuant to this Section 28.3 are personal to Tenant and shall not inure to the bus stops and Display Kiosks located within Levi’s Plazabenefit of any assignee of this Lease or sublessee of the Leased Premises (except with respect to any transfer of Tenant's interest in this Lease to an Affiliate).

Appears in 1 contract

Samples: Lease (Privatebancorp, Inc)

Signage. Paragraph 12 Section 15.1 Provided that The Mutual Life Insurance Company of New York shall occupy for the First Amendment is deleted in conduct of its entirety business and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) its world headquarters, containing executive offices, not less than 118,500 rentable square feet within the Buildingof Office Premises, Lessee subject to compliance with all Requirements and approvals of Governmental Authorities, (i) Tenant shall have (x) the exclusive right to erect operate and maintain signage with its corporate name or logo the signs identifying The Mutual Life Insurance Company of New York currently located on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior outside of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior lobby of the Building and monuments the "Weather Star", and (ii) the Building shall be named "The MONY Building". As long as The Mutual Life Insurance Company of New York shall be Tenant hereunder, subject to the provisions of Section 15.5 hereof, Tenant may not remove any of Tenant's signs or the "Weather Star" without prior written notice to and the prior written consent of Landlord, which consent Landlord may withhold in its sole discretion, and, Landlord may require that (i) Tenant maintain any or all of such signs and/or the "Weather Star" and (ii) the Building be named "The MONY Building". If at any time The Mutual Life Insurance Company of New York shall occupy for the conduct of its business less than 118,500 rentable square feet of the Office Premises, Landlord, at its option, may notify Tenant that Landlord elects that Tenant remove, within thirty (30) days after delivery of such notice, any or all of Tenant's signs and/or the Exterior Common Areas"Weather Star", at Tenant's sole cost and expense, and may thereafter cause the Building to be known by any other name or no name other than its street address, provided, however, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and such event (i) Landlord shall thereupon be deemed to have waived the Building. Notwithstanding item covenant that MONY occupy the Premises through the twelfth (C12th) above or any current use anniversary of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges Commencement Date as its world headquarters and agrees that (1ii) from and after the primary use date of the Display Kiosks is for advertisingremoval of any of the signs identifying Tenant located on the top of the Building or the large sign identifying Tenant located on the street level facade of the Building between the main entrance of the Building and West 00xx Xxxxxx (xx the removal of any permitted replacements of any of such signs), promotion and other similar uses and Lessor Tenant shall have no longer be obligated to operate, maintain or repair the right"Weather Star". If Landlord shall require Tenant to remove the "Weather Star" as aforesaid, upon not less than Tenant, within fifteen (15) days prior written after receipt of Landlord's notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior which date time shall be of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (aessence), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the rightmay notify Landlord that, in lieu of removing the "Weather Star", Tenant shall pay to Landlord, as additional rent hereunder, simultaneously with the delivery by Tenant of its sole and absolute discretionnotice, to rename Levi’s Plaza the sum of Two Hundred Thousand Dollars (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza$200,000).

Appears in 1 contract

Samples: Mony Group Inc

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Signage. Paragraph 12 Except as expressly provided in this Section 20.22, Tenant may not install, inscribe, paint or affix any awning, shade, sign, advertisement or notice on or to any part of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name outside or logo on the exterior inside of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, or in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all any portion of the rentable area in Premises visible to the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior outside of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days common areas without Landlord's prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approvalconsent, which approval shall not be unreasonably withheld, conditioned or delayed. In addition to the foregoing All signage rights with respect to the exterior and/or directory listings installed on behalf of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza Tenant (including, without limitation, any designations building standard suite identification signage provided on or about the entry door to the Premises), whether installed in, on or upon the public corridors, doorways, Building directory and/or parking directory (if any), or in any other location whatsoever visible outside of the Premises, shall be installed by Landlord, at Tenant's sole expense. It is expressly understood and agreed that Tenant shall be entitled to building standard suite identification signage pursuant to the terms of this paragraph. Tenant's identification on or in any common area of the Building shall be limited to Tenant's name and suite designation, and in no event shall Tenant be entitled to the installation of Tenant's logo in any portion of the Building or common areas (except as hereinbelow provided). Furthermore, the size, style, and placement of letters to be used in any of Tenant's signage shall be determined by Landlord, in Landlord's sole discretion, in full conformance with previously-established signage program for the Building. Except as specified hereinbelow, Tenant shall only be entitled to two (2) listings on the bus stops Building directory, or any parking directory ancillary thereto, which shall only show Tenant's (or one of its Affiliates) business name and Display Kiosks located within Levi’s Plazasuite designation. Tenant shall also be entitled to a maximum of twenty (20) additional listings on said Building and/or parking directory, which listings shall be limited solely to Tenant's officers, employees, subsidiaries, affiliates and/or sublessees, if any. All of said listings shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. So long as Tenant (or an Affiliate) occupies fifty percent (50%) or more of the Premises, Tenant shall have the non-exclusive right to have its name (including its logo) displayed on one (1) strip of the monument sign to be constructed by Landlord in front of the Building (the "Monument Sign").. Tenant's right to maintain its name on the Monument Sign shall be subject to the following requirements for so long as Tenant maintains its strip on the Monument Sign:

Appears in 1 contract

Samples: Office Lease (Sizzler International Inc)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand Provided that (250,000i) rentable square feet within the Building, Lessee no Event of Default shall have occurred (xii) this Lease shall not have been terminated for any reason, (iii) Tenant has not assigned this Lease nor sublet more than eighty percent (80%) of the Total Rentable Floor Area of Tenant’s Space (except for an assignment or subletting pursuant to Section 5.6.1 hereof) and (iv) this Lease is still in full force and effect (herein collectively called “Tenant’s Exterior Sign Conditions”), then and only then, Tenant shall have the non-exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and one (y1) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business sign on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable location selected by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas Landlord (the “Display KiosksBuilding Signage”); provided, Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and however, that Tenant acknowledges that ICF Consulting Group, Inc., another tenant in the Building, provided also has a right to exterior Building Signage and that Lessee the location thereof shall have no rights be as determined by Landlord and Tenant’s Building Signage shall not conflict therewith. The ICF building signage shall not be larger or in a more prominent location than Tenant’s Building Signage, all as reasonably determined by Landlord. Further, as a condition precedent to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for exampleTenant’s Building Signage, the Directory Kiosk located in front of the Koshland Tenant’s Building Signage must be first approved by Landlord as to design, size, location, material, method or installation, other aesthetics (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor approval shall not permit any Key Competitors (as defined in be unreasonably withheld or delayed) and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of LeviTenant’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, must comply with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage Legal Requirements (including, without limitation, the signage identified in items (A)requirements of the Town of Lexington, (BZoning By-Law) and (C) above Tenant first obtains all permits, approvals, consents and any modifications to or replacements for the Banner and/or the Atrium Signage) like as shall be subject required under and pursuant to Lessor’s prior approval, which approval shall not be unreasonably withheldapplicable Legal Requirements from time to time in effect and applicable. In addition order to accommodate Tenant, Landlord, agrees to install the foregoing signage rights with respect to Tenant’s Building Signage but in no event shall the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee Commencement Date be delayed or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that otherwise extended for any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (reason including, without limitation, Tenant’s failure or inability to obtain applicable permits, approvals, consents or the like or to comply with applicable Legal Requirements and/or if Tenant’s Building Signage is not installed. Tenant shall be solely responsible for all costs and expenses regarding the Building Signage including, without limitation, design costs, installation costs, all application, permit and approval costs. Once Tenant’s Building Signage is installed, Landlord shall perform the maintenance and repair thereof but Tenant shall be responsible for all replacements and the cost thereof and all maintenance, repair, and replacement costs. Landlord agrees to cooperate with Tenant regarding Tenant’s obtaining approvals of the Building Signage provided Landlord shall not be required to expend any designations on monies, assume any costs or expenses or undertake any liability. The failure of Tenant to obtain any permits, approvals, consents or the bus stops like required by Legal Requirements from time to time in effect and Display Kiosks located within Leviapplicable, or the lack of Landlord’s Plaza)cooperation shall not affect this Lease in any way and, without limitation, Tenant shall have no right to terminate this Lease and shall have no right to any abatement, set off or other reduction of Annual Fixed Rent, Additional Rent or other charges payable under this Lease.

Appears in 1 contract

Samples: Commencement Date Agreement (Indevus Pharmaceuticals Inc)

Signage. Paragraph 12 Notwithstanding anything herein to the contrary, provided that (i) Tenant has not reduced the size of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases Premises from at least two hundred fifty thousand (250,000) rentable 42,726 square feet within of Rentable Area in the Building, Lessee (ii) N/A and (iii) no material event of default has occurred and is continuing, Tenant, at Tenant's sole cost and expense, shall maintain, repair, and replace (i) Tenant's sign on the Building and (ii) Tenant's sign panel on the monument sign of the Building facing Xxxxx Avenue (collectively, "Tenant's Existing Sign"). Additionally to the extent allowed by Laws, during the first year of the Initial Term Tenant shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on install a single tenant monument sign along Xxxxx Avenue, in a location acceptable to Landlord, that identifies the exterior Building as the "Enterprise Centre", lists the address of the Building, and contains Tenant's sign panel (y) "Tenant's New Sign"). Tenant's Existing Sign and Tenant's New Sign shall hereinafter collectively be known as the nonexclusive right "Tenant's Signs". Notwithstanding the foregoing sentence, Tenant's Signs shall be subject to erect and maintain signage on monuments within the Exterior Common Areasin compliance with all Laws, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Buildingapplicable conditions, and (B) covenants and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and restrictions affecting the Building. Notwithstanding item (C) above or any current use As of the Display Kiosks which is being made by LesseeEffective Date, Lessee hereby Landlord acknowledges and agrees that Tenant's existing current sign at the Building complies with all Laws, applicable conditions and covenants and restrictions affecting the Building. Tenant shall be solely responsible for the cost and expense of obtaining and maintaining any necessary permits for Tenant's Signs and any sign licenses related thereto, and for the cost and expense of maintenance and utilities for Tenant's Signs (1) the primary use of the Display Kiosks is for advertisingincluding all metered electrical usage). Additionally, promotion Tenant shall maintain Tenant's Signs in a first class manner. Tenant's Signs shall be installed in accordance with all applicable Laws, codes, ordinances, covenants, conditions and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that restrictions relating to the extent Lessor continues (in the exercise Building. The style, type, color, size, and design of Lessor’s sole Tenant's Signs and absolute discretion) to make any signage space within the Display Kiosks available with respect to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located Tenant's Sign on the East side Building, the means and method of Sansome Street in front attachment of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant Tenant's Sign to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior retaining wall of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s Landlord's prior written approval, which approval shall not be unreasonably withheldwithheld or delayed. In addition to the foregoing signage All rights with respect to the exterior and remedies of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee Landlord under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza Lease (including, without limitation, any designations on Landlord's self-help remedies) shall apply in the bus stops event Tenant fails to maintain Tenant's Signs as herein required. Upon the expiration or earlier termination of the Lease, Tenant shall remove and Display Kiosks shall pay all costs associated with the removal of Tenant's Sign from the Building only and the restoration of the exterior of the Building where Tenant's Sign is located within Levi’s Plaza)to as near its original condition as may then be reasonably required by Landlord. The other Tenant's Signs shall be the property of the Landlord; provided, however, if requested by Landlord, Tenant, at Tenant's sole cost and expense, shall remove its sign panels from such monument signs. The terms and provisions of this subparagraph shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Tandy Brands Accessories Inc)

Signage. Paragraph 12 Tenant may install (in accordance with the Article below entitled “Alterations”) in a manner reasonably prescribed by Landlord, and maintain throughout the Term: (a) signage on the side of each Building occupied by Tenant under this Lease, to the extent of Tenant’s Building Share of the First Amendment is deleted in allowable signage on the Building subject to Landlord’s reasonable approval (and if Tenant occupies more than half of a Building, it will be permitted to have its entirety and replaced with signage above all other tenants’ signage on such Building); (b) signage on the provisions side of this Paragraph 8. During Lxxx 1-B to the term extent of Tenant’s Pro Rata Share of the Lease allowable signage on Lxxx 1-B; (Ac) signage identifying Tenant’s name and so long as Lessee corporate logo on the existing Project monument sign at Lxxx Boulevard of a size no greater than Tenant’s Pro Rata Share of the monument signage (and Tenant’s signage on the monument will be the most prominent while Tenant leases at least two hundred fifty thousand 50% of the Rentable Square Feet of the Project); and (250,000d) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect signage identifying Tenant’s name and maintain signage with its corporate name or logo on the exterior entrance doors to Tenant’s Lxxx 2 lobby and within the Lxxx 2 lobby, which signage rights will be exclusive to Tenant while Tenant leases all of the Building, Phase 1 Premises; and (ye) signage identifying Tenant’s name and corporate logo on the nonexclusive right main entrance to erect Lxxx 1, which signage rights will be exclusive to Tenant while Tenant leases all of Lxxx 1. Tenant’s signage shall comply with all applicable Laws and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to LessorLandlord’s prior approval, which reasonable approval (provided that Tenant’s signage shall not be unreasonably withheld. In addition required to the foregoing signage rights with respect to the exterior be substantially smaller than its share of the Building and size of signage permitted by applicable Laws). Tenant is responsible for all costs associated with the monument signage within the Exterior Common Areasfabrication, so long as (a) Lesseeinstallation, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Leasepermitting, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plazamaintenance, and removal of its signage (c) the Square Footage Threshold (but may apply its TI Allowance to such costs as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all part of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s PlazaTI Work).

Appears in 1 contract

Samples: Lease Agreement (Nuvasive Inc)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety Subject to all applicable laws and replaced compliance with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the BuildingLease, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Buildingincluding Landlord's Building Standard criteria, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee Tenant shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) expressly subject to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply"code", at its sole cost and expense, with any up to three (3) Building Standard exterior signs identifying Tenant's tradename [HOWEVER, Tenant acknowledges that Landlord has advised that "code" at present evidently prohibits more than TWO (2) such signs and irrespective of such "code" more restrictive provisions herein shall control], provided, however, that the size, dimensions, location, colors, lettering and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, other aspects of the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s Landlord's prior approvalwritten approval (where within the parameters of "code" and Landlord's uniform signage criteria, which such approval shall not be unreasonably withheldwithheld or delayed). Tenant may select the location for such signs from among the following three (3) locations, provided, Tenant's election, once made, shall be final: (i) exterior face of the Building facing the Palmetto Expressway, at the location where the Existing Tenant's "Santa Xxxx" signage exists, (ii) exterior face of the Building on the West side of the Building, EITHER where the Existing Tenant's "Santa Xxxx" signage exists OR at the location of existing "Mall of the Americas" signage at the non-mall entrance to the Building [as approximately shown on EXHIBIT A], or (iii) on the exterior face of the building in which is situate the Space 33C portion of the Premises (collectively, the "BASIC SIGNAGE"). Landlord agrees at its cost and expense to remove the said "Mall of the Americas" sign at the non-mall entrance to the Building irrespective of whether Tenant selects such location as aforesaid. The Basic Signage shall be fabricated, erected, installed and maintained all at Tenant's sole expense contemporaneously with substantial completion of Landlord's Work, subject always to compliance with all applicable laws, compliance with this Lease and satisfaction of any and all reasonable requirements and conditions therefor as Landlord may impose from time to time. In the event of termination of this Lease, or upon voluntary or involuntary dispossession of Tenant, then in addition to any and all other remedies provided in this Lease, Landlord shall have the foregoing signage rights with respect right, without any liability to Tenant, to remove all Basic Signage at Tenant's cost. Except as set forth above, no signs of any kind or nature, symbols or identifying markers may be put in or about the exterior of the Premises or the Building and or any part thereof, without the monument signage within the Exterior Common Areasprior written approval of Landlord, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, acting in its sole and absolute unrestricted discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).

Appears in 1 contract

Samples: Lease Agreement (Global Directmail Corp)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor 35.1 Tenant shall have the right, upon not less than fifteen (15) days prior written notice at no additional cost to LesseeTenant, to require Lessee to remove display its corporate identification signs in prominent locations on any or all of Lessee’s signage then located within the Display Kiosks in order to display advertisinglobby directory, promotional materials or for other similar usesmonument signs, provided, that and at each entrance to the extent Lessor continues Premises. Provided that, and for so long as, Tenant lease and occupies (in without regard to any sublease portion of the exercise Premise) at least fifty percent (50%) of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after Tenant shall have the entire Building is no longer leased pursuant right to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall complyinstall and maintain, at its sole cost and expense, with any a parapel sign located on the roof or side of the Building and an eyebrow sign located on the first floor level of the Building. All of Tenant’s rights hereunder are subject to Tenant’s obtaining all necessary governmental approvals and permits for such signage and subject tot Landlord’s prior written approval of the design, size, color, location and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to other aspects of such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld, condition or delayed. In addition to Tenant shall install and remove such signs in accordance with the foregoing signage rights with respect to the exterior provisions of the Building Article 6 (Alterations) hereof. Tenant shall at all times, maintain all signs in good condition and the monument signage within the Exterior Common Areasrepair and shall indemnify, so long as (a) Lesseedefend and hold harmless Landlord from any demands, an Affiliate of Lessee suits, claims, damages, costs or a Permitted Assignee is the Lessee under the Leaseexpenses, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor losses or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex liabilities (including all reasonable attorneys’ fees and costs) arising from or associated with the installation and/or maintenance of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) such signs. Landlord agrees to reasonably cooperate with Tenant, at the sole no cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the rightLandlord, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on pursuing the bus stops and Display Kiosks located within Levi’s Plaza)necessary approvals or permits for such signs.

Appears in 1 contract

Samples: Lease Agreement (Enernoc Inc)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety Provided that Asymetrix Learning Systems, Inc. leases and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases occupies at least two hundred fifty thousand (250,000) 32,000 rentable square feet within in the BuildingBuilding (it being intended that all rights pursuant to this provision are and shall be personal to Asymetrix Learning Systems, Inc. and shall not be transferable or exercisable for the benefit of any assignee of the Lease, or any sublessee of any portion of the Premises), and provided that Lessee is not in default under this Lease, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo place a lighted sign ("Lessee's Sign") identifying Lessee on the exterior of cross-member at the Building, and seventh (y7th) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior floor of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee location shown on Exhibit B attached hereto. The lighting for Lessee's Sign shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Buildingconsistent with lighting at comparable class A buildings in downtown Bellevue, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) aboveWashington area built after 1988; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor mayhowever, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kioskno instance shall Lessee's Sign be neon. So long as such kiosk is treated as a Directory Kiosk, Lessee The electricity for Lessee's Sign shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall complybe separately metered, at its Lessee's sole cost and expense, with any and all lawsLessee shall pay, statuteswhen due, ordinances and governmental rulesthe electricity charges for Lessee's Sign. Lessee's Sign shall be (a) subject to Lessor's prior written approval of the size, regulations or requirements applicable location, material, color, method of attachment to such signagethe Building, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approvalother aspects of Lessee's Sign, which approval shall not be unreasonably withheld, and (b) subject to all applicable ordinances, regulations and the prior approval of all applicable governmental authorities, (c) shall only be installed after Lessee obtains all necessary permits and approvals from the applicable authorities, and (d) shall be installed and maintained in a first class condition at Lessee's sole cost and expense (including, without limitation, the cost of obtaining all permits and other governmental approval). In addition Throughout the Term of the Lease Lessee shall not make any change or changes to Lessee's Sign without the foregoing signage rights with respect prior written consent of Lessor. Within fifteen (15) days after the expiration or termination of this Lease Lessee agrees, at Lessee's sole cost and expense, to remove Lessee's Sign from the exterior of the Building and to repair any damage to the exterior of the Building caused by the installation or removal of Lessee's Sign. If Lessee fails to remove Lessee's Sign from the exterior of the Building, and to repair any damage to the monument signage exterior of the Building, within fifteen (15) days after the Exterior Common Areas, so long as (a) Lessee, an Affiliate expiration or termination of Lessee or a Permitted Assignee is the Lessee under the this Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee then Lessor shall have the right to maintain do so at Lessee's expense, and Lessee agrees to pay to Lessor the “Levi’s Plaza” identity with respect costs of such removal and repair within thirty (30) days after Lessor invoices Lessee therefor. Lessee will be liable for any damages or repairs incurred or required as a result of its installation, use, repair, maintenance or removal of Lessee's Sign and agrees to Levi’s Plazaindemnify and hold harmless Lessor from any liability, loss, damage, cost or expense, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plazareasonable attorneys' fees, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)arising therefrom.

Appears in 1 contract

Samples: Lease Termination Agreement (Asymetrix Learning Systems Inc)

Signage. Paragraph 12 Subject to compliance with all applicable requirements and restrictions of the First Amendment is deleted in its entirety Master Lease and replaced with Subtenant obtaining the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) Master Landlord's consent to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such following signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee provided Subtenant is the Lessee under the Lease, (b) Lessee continues to lease then leasing at least two hundred ninety thousand four (290,0004) rentable square feet at Levi’s Plazafull floors in Building D, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee Subtenant shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a)i) install standard building signage, (bii) and install one parapet sign on one side of Building D selected by Subtenant (c) are not satisfied, either Lessor or Lessee provided that Subtenant shall have the right to remove install two (2) parapet signs on two (2) sides of Building D selected by Subtenant if Subtenant has leased the “Levi” name from Expansion Premises) and (iii) eighty percent (80%) of existing monument signage and interior building signage (or such higher percentage of such signage as may relate to Subtenant's percentage occupancy of Building D) in or with respect to Building D. If Subtenant leases at least two (2) full floors in Building B or Building C, as applicable, then the Levi’s Plaza complex (including sublease between Sublandlord and Subtenant for Building B or Building C, as applicable, shall provide, subject to the compliance with all applicable provisions and restrictions of the Levi’s Plaza designations Building B Lease or Building C Lease, as applicable, and Subtenant obtaining Master Landlord's consent to the following signage, that Subtenant shall have the right to (i) install standard building signage, (ii) install one parapet sign on one side of Building B or Building C, as applicable, selected by Subtenant (provided that if Subtenant subleases less than three (3) full floors of Building B or Building C, as applicable, Sublandlord shall have the right to designate the side of Building B or Building C, as applicable, on which the parapet sign shall be located but if Subtenant subleases three (3) or more full floors in Building B or Building C, as applicable, Subtenant shall have the right to designate the side of Building B or Building C, as applicable, on which the parapet sign shall be located) and (iii) Subtenant's proportionate share (based on the bus stops RSF of space leased in Building B or Building C, as applicable, by Subtenant over the total RSF of Building B or Building C, as applicable) of existing monument signage and Display Kiosks located within Levi’s Plaza) interior building signage in or with respect to Building B or Building C, as applicable. All of Subtenant's exterior signage and exterior graphics of any kind or character shall comply in all respects with all applicable Legal Requirements, and shall be subject to the review and approval of the City of Pleasanton, as necessary, and any other applicable municipality having jurisdiction over the Project. All signs shall be installed and maintained at the Subtenant's sole cost and expense expense. Upon the expiration or earlier termination of the requesting partyTerm, upon which removal subject to compliance with applicable Legal Requirements, Subtenant shall remove all use of its signage on or about Building D (or Building B or Building C, as applicable) and restore any damage resulting from such removal, all at Subtenant's sole cost and expense. Subject to the “Levi” name Master Landlord's consent, Subtenant is granted exclusive signage on Building D with respect to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)firms whose principal business is consumer lending.

Appears in 1 contract

Samples: E Loan Inc

Signage. Paragraph 12 Landlord shall provide Building standard elevator lobby signage at Landlord’s sole cost. Tenant may install two (2) exterior or façade signs (the “Signs”) at Tenant’s sole expense. The design and location of the First Amendment is deleted in its entirety Signs are subject to Landlord’s prior approval, which shall not be unreasonably withheld provided the Signs are consistent with Exhibit H attached hereto and replaced with the provisions of this Paragraph 8incorporated herein. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo One Sign may be located on the exterior north façade in between the fifth and sixth floors of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall other Sign may be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street east façade in front of between the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor second and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior third floors of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease or such other locations mutually agreed upon by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signageLandlord and Tenant. Lessee shall comply, at its sole cost and expense, The Signs must be in compliance with any and all applicable laws, statutescovenants, ordinances codes and governmental rulesrestrictions. Tenant shall not affix, regulations paint, erect or requirements applicable inscribe any sign, projection, awning, signal or advertisement of any kind to such signageany part of the Premises, and all such signage (includingBuilding or Project, including without limitation, the signage identified in items (A)inside or outside of windows or doors, (B) and (C) above and any modifications to or replacements for without the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheldwritten consent of Landlord. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee Landlord shall have the right to remove any signs or other matter, installed without Landlord’s permission, without being liable to Tenant by reason of such removal, and to charge the cost of removal to Tenant as additional rent hereunder, payable within ten (10) days of written demand by Landlord. Landlord hereby reserves the exclusive right to use for any purpose whatsoever the roof and exterior of the walls of the Premises or the Building, except Landlord shall permit Tenant to install and operate three (3) satellite dishes each with a maximum size of three (3) meters in diameter on the roof of the Building in a location to be mutually agreed upon by Landlord and Tenant (the “Levi” name from Satellite Dishes”). Landlord reserves the Leviright to temporarily remove Tenant’s Plaza complex (including all sign during any period when Landlord repairs, restores, constructs or renovates the Premises, Building or Project. Landlord shall have the right to prohibit any advertising by Tenant that, in Landlord’s reasonable opinion, tends to impair the reputation of the LeviBuilding as a Class A mixed use building. Upon the expiration or sooner termination of this Lease, Tenant at Landlord’s Plaza designations on request shall remove the bus stops and Display Kiosks located within Levi’s Plaza) Satellite Dishes, all signs, advertising matters or decorations at the its sole cost and expense and repair any resulting damage to the Building or Premises. Landlord agrees that so long as Tenant is not in default under its obligations hereunder, which default has not been cured as of the requesting party, upon which removal all use date of the “Levi” name to identify signage of any other tenant of the Property shall cease and Lessor shall thereafter have the rightBuilding is affixed, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations erected or inscribed on the bus stops Building, and Display Kiosks located within Levi’s Plaza)is leasing fifty percent (50%) or more of the Rentable Square Feet of the Building, Landlord will not allow any other tenant in the Building to affix, erect or inscribe any sign that is of equal or greater size than the largest sign Tenant has on the Building.

Appears in 1 contract

Samples: Lease (Realnetworks Inc)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor Tenant shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its Tenant's sole cost and expense, to install appropriate signage (including Tenant's corporate name and logo) on the Building directory and on the walls of the elevator lobbies and entrance doors of any full floors leased by Tenant and on two (2) exterior facade(s) of the Office Tower (as determined by Tenant) at the top of the Building at a mutually acceptable location (each party agreeing not to unreasonably withhold, condition or delay its approval of such location), on a monument sign adjacent to the Office Tower (which may be shared with any other tenants of the Building provided that (i) Tenant's sign will be placed in the location selected and all lawsmutually agreed upon as between Tenant and Landlord, statutes, ordinances and governmental rules, regulations or requirements applicable to (ii) Tenant will have its choice of sign position on such signagemonument sign, and all (iii) Tenant's sign will be at least twice the size of any other tenant or occupant in the Complex leasing less than 100,000 square feet in the Building, and in no event will Tenant's sign be smaller than that of any other tenant in the Building, provided Tenant leases not less than 135,000 rentable square feet in the Building). All signs shall first approved in writing by Landlord (such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications approval not to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed) and subject to any applicable Laws. In addition Tenant shall remove all such signs by the termination of this Lease. Such installations and removals shall be made in such manner as to the foregoing signage rights with respect avoid injury to the exterior or defacement of the Building and the monument signage within the Exterior Common Areasother improvements, so long as (a) Lesseeand Tenant shall repair any injury or defacement, an Affiliate of Lessee excluding discoloration, caused by such installation or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease removal. If at any time Tenant no longer leases at least two hundred ninety thousand (290,000) 135,000 rentable square feet in the Building and, at Levi’s Plazasuch time, Landlord has leased at least 135,000 rentable square feet in the Building to another tenant who has the desire and the ability to place its name on the Building and who is not a direct competitor of Tenant, then Landlord may remove Tenant's sign or signs from the top of the Building and permit such other tenant to install its name sign on the Building. Tenant's rights under this Section 31 shall not be assignable to a third party other than a transferee permitted under Section 15.7 hereof. Landlord agrees to use its best efforts (cwithout expenditure of funds) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect obtain all necessary permits and approvals from applicable governmental authorities and private parties to Levi’s Plaza, including permit Tenant to install all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Streetsigns to which Tenant is entitled under this Section 31. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).66 72

Appears in 1 contract

Samples: Lease Agreement (S1 Corp /De/)

Signage. Paragraph 12 Notwithstanding anything to the contrary in the Lease, Tenant shall be entitled, at Landlord’s sole cost and expense, to (a) one (1) line on the Building directory to display Tenant’s name and location in the Building, and (b) Building-standard identification signage outside of any portion of the First Amendment Premises that is located on a multi-tenant floor of the Building. The location, quality, design, style, and size of such signage shall be consistent with the Landlord’s Building standard signage program. Any changes to Tenant’s signage shall be at Tenant’s sole cost and expense. Additionally, effective as of the date of this Amendment, Exhibit “I” to the Lease is deemed deleted in its entirety and replaced with Exhibit “I” attached hereto, and the provisions costs to fabricate and install the signs depicted on Exhibit “I” and an additional sign not depicted on Exhibit “I” to the new locations depicted on Exhibit “I”, shall be borne by Landlord as long as the signage is generally consistent with the signage shown on Exhibit “I” and the terms of this Paragraph 8Section 16. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee Tenant shall be entitled to installplace its signage in location ##1, maintain 2 and replace 3 as indentified on Exhibit “I”. Landlord agrees that, notwithstanding anything to the contrary shown on Exhibit “I” or in the Lease, (a) in no event shall the letters in Tenant’s lobby signage promoting Lessee’s business in location ##1 and 3 identified on Exhibit “I” be less than six (6) inches in height and not wider than one (1) glass panel (three (3) feet, four (4) inches maximum width) and the lettering in location #2 shall be as shown on the exterior of rendering attached hereto as Exhibit “I” and (b) no tenant that leases less rentable square footage in the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee than Tenant shall be entitled to a portion of such lobby signage space reflecting Lesseethat is more prominent than Tenant’s proportional occupancy of Levilobby signage. Tenant shall be entitled to maintain all other Tenant’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (Signage described in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).

Appears in 1 contract

Samples: Lease (Mindspeed Technologies, Inc)

Signage. Paragraph 12 Landlord retains absolute control over the exterior appearance of the First Amendment is deleted Buildings and the Project and the exterior appearance of the Premises as viewed from the Building Common Areas and Project Common Areas. Tenant will not, without Xxxxxxxx’s prior written consent, install, or permit to be installed, any drapes, furnishings, signs, lettering, designs, advertising or any items that will in its entirety any way alter the exterior appearance of the Buildings, the Project or the exterior appearance of the Premises as viewed from the Building Common Areas and replaced with Project Common Areas. Any sign, advertising, design, or lettering installed by Tenant shall be considered an Alteration and shall be subject to the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee Article 15; provided that Landlord shall have (x) the exclusive right to erect and maintain signage with withhold its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) consent to the extent Lessor (same in the exercise of Lessor’s its sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall complyLandlord, at its sole cost and expense, with any shall install suite identification signage bearing Tenant’s name and all lawslogo adjacent to the entrance to the Premises. In addition, statutesTenant, ordinances at its sole cost and governmental rulesexpense, regulations or requirements applicable shall have the exclusive right, without obligation, to such signagehave its name (including its logo) displayed on (a) one (1) building-top sign on one of the Buildings, and all (b) on the Project’s monument sign, in each case in a location designated by Landlord (collectively, “Tenant’s Signage”), subject to the terms and conditions set forth in this Article 37. Tenant hereby acknowledges that, as of the Effective Date, Landlord has not received approval from the City of San Diego (or any other authority with jurisdiction over the Project) for any exterior signage for the Project and, accordingly, Xxxxxx’s right to any such signage (including, without limitation, Tenant’s Signage set forth above) is contingent on such approval. In addition, the signage identified in items specifications of Tenant’s Signage (A)including, (B) without limitation, the dimensions and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signageconfiguration thereof) shall be subject to Lessor’s the prior approvalwritten approval of Landlord, which approval shall not be unreasonably withheld, provided that such specifications are consistent with Landlord’s sign program for the Project and all applicable Laws. In addition to the foregoing signage rights with respect to the exterior The construction and installation of the Building and the monument signage within the Exterior Common Areas, so long as Tenant’s Signage shall be performed by Xxxxxx (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Leviupon Landlord’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (aapproval thereof), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Leviat Tenant’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense expense. Prior to installation, Tenant shall deliver to Landlord a drawing depicting the design, size, location, specifications, graphics, materials and colors of Tenant’s Signage, all of which shall be consistent with Landlord’s sign program and the requesting partyRules and Regulations. Tenant’s Signage shall be subject to any applicable review and approval by the City of San Diego and any other authorities with jurisdiction over the Project, and Tenant shall obtain all applicable permits and authorizations by Governmental Authorities prior to installation of Xxxxxx’s Signage. After installation, Tenant shall maintain Tenant’s Signage in good condition and repair at all times through the Term. Tenant shall remove Xxxxxx’s Signage upon the expiration or earlier termination of this Lease and shall repair any damage caused thereby. The maintenance and removal of Tenant’s Signage shall be performed at Tenant’s sole cost and expense. All signage rights granted to Tenant under this Lease are personal to the original Tenant named herein, and, except in connection with a Permitted Transfer to a Permitted Transferee, may not be assigned or transferred without Landlord’s prior written consent, which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, consent Landlord may withhold in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).

Appears in 1 contract

Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.)

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