Storage Space. Tenant shall have the right, upon written request to ------------- Landlord, to rent storage space up to 1,000 rentable square feet at the Project (the "STORAGE SPACE"). The monthly rental rate for the Storage Space (the "MONTHLY STORAGE RENT") shall be One Dollar and NO/100 ($1.00) per rentable square foot per month of the Storage Space. Such Monthly Storage Rent shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expense.
Appears in 1 contract
Sources: Standard Office Lease (Performance Capital Management LLC)
Storage Space. Landlord hereby grants to Tenant a license to use that certain storage space in the basement of the Building more precisely shown on Exhibit A-3 attached hereto and made a part hereof ("Storage Space") consisting of approximately 3,050 rentable square feet. The term of such license shall commence on the Commencement Date or any earlier date specified in a notice from Tenant to Landlord and shall continue for ten (10) years after the Commencement Date or until such earlier time as this Lease shall terminate or Tenant shall have vacate the right, upon written request to ------------- Landlord, to rent storage space up to 1,000 rentable square feet at the Project (the "STORAGE SPACE"). The monthly rental rate for Premises or the Storage Space (Space. During the "MONTHLY STORAGE RENT") term of this license, Tenant shall be One Dollar and NO/100 (pay Landlord a monthly fee of $1.00) 1.25 per rentable square foot ($3,812.50 per month), on or before the first day of each calendar month during such term. Any initial or final partial month shall be prorated. Tenant may reduce the amount of the Storage Space by at least 30 days prior written notice to Landlord, which reduction shall be effective as of the last day of a calendar month, as designated in the notice. Any additional storage space which Tenant desires to occupy (including but not limited to storage space originally subject to the license but then eliminated therefrom pursuant to a reduction notice, as set forth in the immediately preceding sentence), shall be subject to availability, as reasonably determined by Landlord, and if the space requested by Tenant is not configured as required by Tenant, Tenant shall pay all reasonable costs of reconfiguring 1888 Century Park East [SCPIE Holdings Lease] 45 such space. Tenant shall use the Storage Space for purposes of storing equipment, inventory or other items normally used in Tenant's business. All items stored in the Storage Space shall be elevated at least six inches (6") above the floor on wooden pallets, and shall be at least eighteen inches (18") below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Any boxes shall not be stacked more than 7 feet high. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord's insurance rates, or cause a cancellation or modification of Landlord's insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord's prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Tenant shall properly and at all times comply with all applicable ordinances, rules, regulations, codes, laws, statutes and requirements of all federal, state, county and municipal governmental bodies or their subdivisions respecting the use of the Storage Space. Such Monthly Tenant shall not, without the prior written consent of Landlord, assign, mortgage, pledge, hypothecate, encumber or permit any liens to attach to, or otherwise transfer, the Storage Rent Space or any interest therein, by operation of law or otherwise, nor sublet the Storage Space, nor permit the use thereof by any parties other than Tenant and its employees. Any such transfer without Landlord's prior written consent shall, at Landlord's option, be null, void and of no effect. Landlord agrees not to unreasonably withhold consent to any such transfer if it is made in connection with a Transfer pursuant to Article 21 of this Lease, and the Storage Space shall be payable on deemed assigned to any assignee of Tenant's entire interest in this Lease pursuant to such Article 21, and such assignee shall be deemed to have assumed all obligations with respect thereto, but Tenant shall not be released from any such obligations. Landlord may, at its option, upon at least 30 days' advance written notice to Tenant, change the first day of each month in advance during the Lease Term Storage Space hereunder to other storage space at the same time Property comparable to the Storage Space herein. Tenant agrees to accept the Storage Space "as is", and Landlord shall have no obligation to maintain or repair the same. Tenant shall extend all of its insurance policies required under this Lease to include the Storage Space, and the property to be located therein. Upon request, Tenant shall provide Landlord with certificates or other satisfactory evidence of such insurance. Landlord shall have no liability whatsoever for any damage to property or any other items located in the Storage Space, nor for any personal injuries or death arising out of any matter relating to the Storage Space, and in all events, Tenant agrees to look first to its insurance carrier for payment of any losses sustained in connection with Tenant's use of the same manner as Monthly Basic Rental for the PremisesStorage Space. In the even the Monthly Storage Rent is not paid when dueMore particularly, but without limitation, Landlord shall have no liability for loss of or damage to any property by theft, vandalism, fire, explosion, falling plaster, steam, gas, electricity, water, rain, bursting of pipes, seepage, dampness, or any other cause. Tenant hereby waives on behalf of its insurance carriers all rights of subrogation against Landlord and its agents. If Tenant shall default under this Article 32, 1888 ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ [SCPIE Holdings Lease] 46 Landlord shall have the same right to cancel this Storage Space license on ten (10) days' written notice, unless within such ten (10) day period, Tenant cures such default. Such cancellation right shall be cumulative and in addition to any other rights as or remedies available to Landlord at law or equity, or provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expense.
Appears in 1 contract
Sources: Office Lease (Scpie Holdings Inc)
Storage Space. Tenant shall have the right, upon written request right to ------------- Landlord, lease up to rent approximately 500 square feet of storage space up to 1,000 rentable square feet at (the “Storage Space”) in the Project parking facility; provided, however, if, after the first twelve (12) months of the "STORAGE SPACE"). The monthly rental rate for Lease Term, Tenant has not commenced leasing or ceases to lease the Storage Space, as applicable, any subsequent leasing of the Storage Space (the "MONTHLY STORAGE RENT") by Tenant shall be One Dollar subject to availability. The exact size of the Storage Space and NO/100 ($1.00) per rentable square foot per month of the location thereof shall be reasonably determined by Landlord. Tenant shall not be required to pay rent with respect to the Storage Space; provided, however, Tenant shall pay for, or reimburse Landlord for any Landlord provided utilities used in connection with the Storage Space. Such Monthly Storage Rent Tenant shall be payable on comply with such rules and regulations as promulgated by Landlord from time to time pertaining to the first day use of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any lossSpace and, costsin connection therewith, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord agrees that Tenant’s obligations under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agentsincluding, employeesbut without limitation thereof, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer Article 10 will specifically apply to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of if the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as were a direct or indirect consequence of Tenant's lease or use part of the Storage Space or access areas to the Storage SpacePremises. Tenant agrees not to store any flammable flammable, combustible or highly combustible other materials in the Storage Space that would increase the cost of Landlord’s insurance, and not to store any toxic, hazardous or odorous materials or waste in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste weight in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes of dry goods and not as office or other space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular normal business hours upon giving twenty-four hours, on not less than one (241) hours business day’s prior notice to Tenant and so long as accompanied by a representative of Tenant(except in an emergency in which case no prior notice shall be required). Tenant shall, at its sole cost and expense, shall deliver to Landlord a key for any locks installed by Tenant for Landlord's ’s emergency entrance entry purposes. Landlord shall deliver Notwithstanding anything to the contrary contained in this Lease, Tenant accepts the Storage Space in its presently existing “as a condition suitable for the storage of files. Except as aforesaidis”, Tenant shall accept the Storage Space “with all faults”, “without any warranties or representations representations” condition and shall alter, with Landlord's prior written approval (which approval Landlord shall not be unreasonably withheld obligated perform any improvement or delayed)other work in connection with the Premises. No obligations of Landlord under this Lease with respect to the Premises or Base Building shall apply to the Storage Space. Tenant may make interior, maintain and repair non-structural modifications to the Storage Space only in accordance with the terms of Article 8 of the Lease. If Landlord so elects, Tenant shall execute and deliver to Landlord, Landlord’s standard form Storage Space Lease within thirty (30) days after Tenant’s receipt thereof. Landlord shall have the right, upon not less than sixty (60) days prior written notice to Tenant, to substitute for the Storage Space comparable storage area within the Project having reasonably comparable access to and reasonably equivalent usable area as the Storage Space, provided that Landlord shall pay all expenses reasonably incurred in moving Tenant’s property to such new location; and upon the expiration of such 60-day written notice, the new storage space shall be deemed to be the Storage Space covered by this terms of this Article 22. Tenant agrees to, at its sole cost all times, maintain the Storage Space in neat and expenseorderly condition and repair. Tenant acknowledges that Landlord shall have no obligation to provide any security, services, maintenance, work or improvements whatsoever for the Storage Space. Subject to the terms and conditions hereof, Tenant may terminate any such lease of Storage Space upon thirty (30) days written notice to Landlord.
Appears in 1 contract
Sources: Office Lease (Internet Brands, Inc.)
Storage Space. During the Renewal Term, Tenant shall have the rightright to lease from Landlord for storage purposes only, upon written request to ------------- Landlord, to rent storage space up to 1,000 containing approximately 732 rentable square feet at of space, located on the Project 12th floor of 100 Crescent Court, as shown on Exhibit B attached hereto (the "STORAGE SPACE"“Storage Space”). The monthly Tenant agrees to pay as Additional Rental an annual rental rate for the Storage Space (in the "MONTHLY STORAGE RENT") shall be One Dollar amount of Eighteen and NO/100 No/100 ($1.0018.00) per rentable square foot per month of Storage Space, plus any sales tax and Tenant’s proportionate share of electrical costs described in Paragraph 7(b) of the Lease (“Storage Space. Such Monthly Storage Rent shall be Rent”), payable on the first day of each month in advance during the Lease Term at the same time advance, in equal monthly installments, without any set off, abatement, counterclaim, or deduction whatsoever, and payable in the same manner as Monthly set forth in the Lease for payment of Basic Rental for the Premisesby Tenant. In the even the Monthly Storage Rent is not paid when due, Landlord Tenant shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in use the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence for storage of Tenant's lease of or use of personal property only and for no other purpose. Tenant agrees to keep the Storage Space or access areas clean and orderly and not to use the Storage SpaceSpace for the purpose of storing refuse, trash, garbage and the like. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees shall not to store any food or perishable goods, flammable materials, explosives, or highly combustible materials any other inherently dangerous material in the Storage Space. Tenant also agrees not shall accept possession of the Storage Space in “as is” condition and Landlord shall have no obligation whatsoever to store excess furnish, render, or highly concentrated waste supply any money, work, labor, material, fixture, decoration, or equipment with respect to the Storage Space. Except for elevator service to the floor on which the Storage Space is located and Building Standard lighting, HVAC and electricity in the Storage Space; it , Tenant acknowledges and agrees that there shall be Tenant's responsibility no other services whatsoever provided to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely Space. ▇▇▇▇▇▇ agrees and understands that no bailment, deposit of goods for storage purposes safekeeping, warehouse receipt, bill of lading, or other document of title for the property stored by ▇▇▇▇▇▇ is intended or created hereby and Landlord is not engaged in the business of storing goods for hire or in the warehouse business. 10. Parking. Effective as office spaceof the Release Date, the Parking Agreement attached to the Ninth Modification as Rider No. 3 (as modified by the Eleventh Modification, the Twelfth Modification, the Thirteenth Modification, the Fourteenth Modification, the Fifteenth Modification, the Sixteenth Modification and the Seventeenth Modification) is hereby modified to reflect that Tenant agrees that Landlord shall be allocated unreserved parking permits at a ratio of 3:1,000 rentable square feet of the Premises in accordance with the terms and its agents may enter conditions of Rider No. 3 attached to the Ninth Modification (as modified by the Eleventh Modification, the Twelfth Modification, the Thirteenth Modification, the Fourteenth Modification, the Fifteenth Modification, the Sixteenth Modification and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of TenantSeventeenth Modification). Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed The monthly rates payable by Tenant for Landlord's emergency entrance purposes. Landlord such parking spaces shall deliver the Storage Space as a condition suitable be fixed for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space Renewal Term at its sole cost and expense.$140.000 for each unreserved Docusign Envelope ID: 63098854-80F7-47C8-8394-14676310345F
Appears in 1 contract
Storage Space. Landlord and Tenant will endeavor in good faith to ------------- agree upon terms whereby Landlord will provide to Tenant, at a fair rental for storage space of the same type in the Dallas/Plano area, up to 2,000 square feet of storage space at a location outside the Project. TO OFFICE LEASE AGREEMENT BETWEEN CINEMARK USA, INC. AND THE COCA-COLA COMPANY RENEWAL OPTION Provided no default by Tenant exists and Tenant is occupying the entire Premises at the time of such election, Tenant may renew this Lease for one (1) additional period of five (5) years on the same terms provided in this Lease (except as set forth below), by delivering written notice of the exercise thereof to Landlord not later than one hundred eighty (180) days before the expiration of the Term. Tenant shall have notify Landlord of whether it is interested in renewing the right, upon written request to ------------- Landlord, to rent storage space up to 1,000 rentable square feet at the Project Term (the "STORAGE SPACEInterest Notice") at least two hundred forty (240) --------------- days before the expiration of the Term. Within thirty (30) days after the Interest Notice has been delivered to Landlord, Landlord shall notify Tenant of the Base Rent which shall be payable for each month during the renewal Term (the "Rental Notice"). The monthly rental rate for the Storage Space (the "MONTHLY STORAGE RENT") shall be One Dollar and NO/100 ($1.00) per rentable square foot per month Landlord's calculation of the Storage Space. Such Monthly Storage such Base Rent shall be payable based on the first day of each month in advance during the Lease Term at the same time and ------------- prevailing rental rates in the same manner as Monthly Basic Rental Building for space of similar quality, size, utility, the location of the Premises. In , the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance amount of any allowance provided to Tenant by Landlord, the length of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) renewal Term and the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative credit standing of Tenant. Tenant shall, at its sole cost and expense, deliver shall notify Landlord whether it intends to renew the Term by delivering written notice thereof to Landlord a key not later than thirty (30) days after Landlord has delivered to Tenant the Rental Notice. On or before the commencement date of the renewal term, Landlord and Tenant shall execute an amendment to this Lease extending the term hereof on the same terms provided in this Lease, except as follows:
(a) The Base Rent payable for any locks installed each month during each such extended term shall be the rent specified in the Rental Notice;
(b) Tenant shall have no further renewal options unless expressly granted by Tenant for Landlord's emergency entrance purposes. Landlord in writing; and
(c) Landlord shall deliver lease to Tenant the Storage Space as a condition suitable for the storage of files. Except as aforesaidPremises in their then-current condition, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval Landlord shall not be unreasonably withheld provide to Tenant any allowances (e.g., moving allowance, construction allowance, and the like) or delayed)other tenant inducements. Tenant's rights under this Rider shall terminate if (i) this Lease or Tenant's right to possession of the Premises is terminated, maintain and repair (ii) Tenant assigns any of its interest in this Lease or sublets any portion of the Storage Space at Premises, or (iii) Tenant fails to timely exercise its sole cost and expense.option under this Rider, time being of the essence with respect to Tenant's exercise thereof. EXHIBIT C OPERATING COST COMPUTATION
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Storage Space. Landlord shall lease to Tenant, for the Storage Space Term (as defined below), space within the Building to be used and occupied by Tenant shall have the right, upon written request to ------------- Landlord, to rent only as storage space up to 1,000 rentable square feet at for the Project FF&E identified in the Furniture Inventory List (the "STORAGE SPACE"“Storage Space”). The monthly rental rate location of the Storage Space shall be determined in Landlord’s sole and absolute discretion provided that such space is sufficient in size to store the items listed in the Furniture Inventory List. The Storage Space shall be made available to Tenant in broom clean condition. Landlord has no obligation to make any improvement to the Storage Space and Tenant’s use of the Storage Space shall at all times be in compliance with the provisions of the Lease. Tenant shall pay Landlord as rent for the Storage Space (the "MONTHLY STORAGE RENT"“Storage Space Rent”) shall be One Dollar for the first eighteen (18) months of the initial Term an amount equal $0.00 and NO/100 (for each month thereafter, an amount equal to $1.00) 10.00 per rentable square foot per month of the total Storage Space until the expiration of the Storage SpaceSpace Term. Such Monthly The Storage Space Rent shall be payable as and when Monthly Base Rent is payable, commencing on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, date that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use possession of the Storage Space is delivered to Tenant. Notwithstanding the foregoing, for purposes of calculating Tenant’s Proportionate Share, the Storage Space shall not be included in the rentable area of the Premises. The term for the Storage Space shall commence upon the date that possession of the Storage Space is delivered to Tenant and shall expire upon the earlier of the date when: (i) Tenant elects to exercise its First Refusal Right for the ROFR Space in accordance with ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇, (▇▇) the term of the Lease has expired or access areas is otherwise terminated in accordance with the terms of the Lease, and (iii) Tenant notifies Landlord in writing of its election to terminate its occupancy with respect to the Storage Space. In additionLandlord may from time to time upon thirty (30) days prior written notice to Tenant, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against relocate any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use all of the Storage Space or access to other storage areas to in the Building (“New Storage Space. Tenant agrees not to store any flammable or highly combustible materials ”) in which event the New Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it Space shall be Tenant's responsibility deemed to obtain from Landlord the tolerable limits thereof. Tenant agrees to use be the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposeshereunder. Landlord shall deliver pay the actual and reasonable expenses of physically moving Tenant’s property to the New Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expenseSpace.
Appears in 1 contract
Sources: Lease Agreement (Interhealth Facility Transport, Inc.)
Storage Space. Effective as of the Fifth Expansion Space Effective Date, Landlord leases to Tenant and Tenant leases from Landlord approximately 491 square feet on the first floor of the Garage and known Storage Room No. 1 (the “Storage Space”) on the following terms and conditions (the “Storage Space Lease”):
(i) the term of the Storage Space Lease shall be one year commencing on the Fifth Expansion Space Effective Date and thereafter on a month-to-month basis, provided that in no event shall such term extend beyond the expiration or earlier termination of the Lease (as amended by this Fifth Amendment);
(ii) Tenant shall have pay to Landlord as additional rent under the right, upon written request to ------------- Landlord, to rent storage space up to 1,000 rentable square feet at the Project (the "STORAGE SPACE"). The monthly rental rate Lease for the Storage Space (Lease the "MONTHLY STORAGE RENT") shall be One Dollar and NO/100 (sum of $1.00) per rentable square foot 491.00 per month subject to increase by six percent (6%) effective each January 1 during the term of the Storage SpaceSpace Lease. Such Monthly Storage Rent sum shall be due and payable on or before the first day of each calendar month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use term of the Storage Space Lease, concurrently with the payment of monthly installments of Annual Base Rent, provided that such Storage Space rent shall be prorated for any partial calendar month at the beginning or access areas to end of the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use term of the Storage Space Lease;
(iii) The Storage Space shall be used only for the storage of non-perishable personal property normally used in Tenant’s office operations and for no other purpose whatsoever. In no event shall Tenant store any toxic or access areas hazardous materials in the Storage Space;
(iv) Landlord shall not be obligated to supply any heat, ventilation, air conditioning, water, janitorial service, cleaning or any other utility or service to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be responsible at its expense for any of the foregoing which it desires;
(v) The provisions of the Lease applicable to Tenant's responsibility ’s maintenance, indemnification, hold harmless, insurance, holdover and surrender obligations, and waiver of claims provisions, shall apply as well to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely (for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the duration EAST\73391178.1 4 of the Storage Space Lease), and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver such purposes the Storage Space as a condition suitable for shall be considered part of the storage Premises;
(vi) As of files. Except as aforesaidthe Fifth Expansion Effective Date, Tenant shall accept accepts the Storage Space in its “AS IS” “WHERE IS” condition without any warranties agreements, representations, understandings or representations and shall alterobligations on the part of Landlord to perform any alterations, with Landlord's prior written approval (which approval shall not be unreasonably withheld repairs or delayed), maintain and repair the Storage Space at its sole cost and expenseimprovements thereto.
Appears in 1 contract
Sources: Office Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Storage Space. A. Landlord leases to Tenant and Tenant accepts the space containing approximately 41 square feet described as Suite No. D-4(C) on the D level of the Building garage, as shown on Exhibit D attached hereto (the “Storage Space”), for the term (the “Storage Term”) commencing March 1, 2007 (“Storage Commencement Date”) and ending 1 month thereafter on March 31, 2007 (“Storage Expiration Date”). The Storage Term shall automatically renew for consecutive periods of one (1) month each until terminated by either party with at least 30 days’ advance written notice of termination delivered to the other party. Any such termination shall be effective as of the termination date specified in such notice. Notwithstanding anything to the contrary contained herein, if the Lease or Tenant’s right to possession of the Premises thereunder terminates prior to the Storage Expiration Date, as same may be extended herein, then the Storage Expiration Date shall be such earlier termination date.
B. The Storage Space shall be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. Landlord shall have the rightright to designate the location within the Storage Space of any items to be placed therein. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, upon and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written request approval. Landlord reserves the right to ------------- Landlordadopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
C. Tenant shall pay rent storage space up to 1,000 rentable square feet at the Project (the "STORAGE SPACE"). The monthly rental rate for the Storage Space (the "MONTHLY STORAGE RENT"“Storage Base Rent”) as follows: Storage Term (including any automatic renewal period(s)) $ 17.00 $ 58.08 All such Storage Base Rent shall be One Dollar payable in the same manner that Base Rent is payable under the Lease.
D. All terms and NO/100 provisions of the Lease shall be applicable to the Storage Space, including, without limitation, Section 13 ($1.00Indemnity and Waiver of Claims) per rentable and Section 14 (Tenant’s Insurance), except that Landlord need not supply air-cooling, heat, water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant shall not be entitled to any work allowances, rent credits, expansion rights or renewal rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk. The Storage Space shall not be included in the determination of Tenant’s Pro Rata Share under the Lease nor shall Tenant be required to pay Expenses in connection with the Storage Space.
E. Tenant agrees to accept the Storage Space in its condition and “as-built” configuration existing on the earlier of the date Tenant takes possession of the Storage Space or the Storage Commencement Date.
F. At any time and from time to time, Landlord shall have the right to relocate the Storage Space to a new location which shall be no smaller than the square foot per month footage of the Storage Space. Such Monthly Landlord shall pay the direct, out-of-pocket, reasonable expenses of such relocation.
G. Storage Base Rent shall be payable on is deemed Rent under the first day of each month in advance during Lease.
H. If Tenant assigns the Lease Term at the same time and in the same manner as Monthly Basic Rental for or sublets all or any part of the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same Landlord, at its option, may terminate Tenant’s rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any lossStorage Space effective as of 30 days after notice to Tenant. Additionally, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord notwithstanding anything set forth in the observance or performance of any Section 11 of the terms, covenants or conditions Lease to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licenseescontrary, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or shall not, from any cause whatsoeverwithout the prior written consent of Landlord, that Tenant which consent may suffer to its personal property located anywhere be withheld in Landlord’s sole discretion, assign, sublease, transfer or encumber the Storage Space or that it grant any license, concession or its agents, employees, principals, invitees, other right of occupancy or licensees may suffer as a direct or indirect consequence of Tenant's lease of or permit the use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against by any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of party other than Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expense.
Appears in 1 contract
Storage Space. Tenant hereby leases approximately 558 square feet of storage space on the ground level of the Building, which Storage Space will be approximately as shown on Exhibit F attached to this Lease (the “Storage Space”). Beginning on the Rent Commencement Date and during the Term as the same may be extended, Tenant shall have the right, upon written request to ------------- Landlord, to pay Landlord annual rent storage space up to 1,000 rentable square feet at the Project (the "STORAGE SPACE"). The monthly rental rate for the Storage Space in an amount equal to Twenty Dollars ($20.00) per square foot multiplied by the "MONTHLY STORAGE RENT") number of square feet contained in the Storage Space. The Storage Space rent shall be One Dollar deemed a part of the additional rent owed by Tenant under the Lease and NO/100 ($1.00) per rentable square foot per month Tenant shall make monthly rental payments for the Storage Space at the same time, in the same form and otherwise in accordance with the terms set forth in the Lease for the payment of Annual Fixed Rent. No Expense Payment Amount shall be due or payable by Tenant on account of the Storage Space. Such Monthly Except as set forth in this Article to the contrary, Tenant shall lease the Storage Rent shall be payable on the first day of each month in advance during the Lease Term at Space upon the same time terms and in the same manner conditions as Monthly Basic Rental for Tenant leases the Premises. In Tenant accepts the even Storage Space in “as is” condition as of the Monthly Storage Rent is not paid when due, Term Commencement Date and Landlord shall have no obligation to provide any services in connection with the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, except that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agentswill be tendered to Tenant separately demised with drywall completed, employeeswith HVAC and electricity servicing the Storage Space, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of and otherwise in broom clean condition (the “Storage Condition”). Upon delivering the Storage Space to Tenant in Storage Condition, Landlord will have no obligation to make any improvements, repairs or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas alterations to the Storage Space. Tenant agrees shall maintain the Storage Space at Tenant’s sole cost and expense. At the end of the Term or earlier termination hereof, Tenant shall surrender the Storage Space to Landlord in broom clean condition, normal wear and tear and damage by casualty and Landlord excepted. Tenant will not to store operate any flammable equipment (electrical or highly combustible materials otherwise) in the Storage Space. Tenant shall not assign or sublet all or any portion of the Storage Space except in connection with any assignment of this Lease or sublease of the Premises permitted under the Lease. Tenant’s insurance requirements set forth in the Lease shall also agrees not apply with respect to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to shall have the use of the Storage Space solely for storage purposes non-perishable and not non-Hazardous Substances for the storing of personal property of Tenant and for no other purpose. Notwithstanding anything in this Section 12.1 to the contrary, effective as office space. of and following the expiration of the third (3rd) Lease Year, Tenant agrees that shall be entitled, upon no less than six (6) months prior written notice to Landlord and its agents may enter and inspect to terminate the lease of the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four to be effective as early as the expiration of the third (243rd) hours prior notice to Tenant and so long as accompanied by a representative Lease Year, in which event the lease of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space shall terminate as a condition suitable for of the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expensedate set forth in Tenant’s notice.
Appears in 1 contract
Sources: Lease Agreement (Pegasystems Inc)
Storage Space. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord (i) those certain storage areas located on the lower level of the Building in the area labelled “Expansion Storage Space” on Attachment E hereto, expressly excluding the area therein labelled “Telco” on Attachment E (the “Expansion Storage Space”), and (ii) those two (2) certain storage areas located on the lower level of the Building in the areas labelled “Post Single Tenant Date Storage” on Attachment E hereto (the “Post Single Tenant Date Storage”), in the respective as-is condition thereof on the date Tenant is first permitted to access the same. In addition thereto, the Occupancy License hereby is deemed to be terminated effective as of the day immediately preceding the Amendment Date, and from and after the Amendment Date, the storage areas that were licensed pursuant to the Occupancy License (i.e., storage areas B108 and B111) hereby are deemed to be leased pursuant to the Lease (as amended hereby) as part of the Existing Storage Space, in the as-is condition thereof as of the Amendment Date, for a Term that is coterminous with remainder of the Existing Storage and on all terms and conditions of the Lease (as amended hereby) that are applicable with respect thereto. The Expansion Storage Space and the Post Single Tenant Date Storage, together with the Existing Storage Space leased by Tenant as of the Amendment Date (which Existing Storage Space, totaling approximately 2,247 square feet in the aggregate, is located on the lower level of the Building in the areas labelled “Existing Storage Space” on Attachment E hereto), comprises all of the storage space for tenants located in the Building as of the Amendment Date. The Term with respect to the Expansion Storage Space shall commence on the Amendment Date (and Tenant shall be permitted access to the Expansion Storage Space from and after such date), and shall continue for the remainder of the Fourteenth Amendment Extension Term (and any extension thereof in accordance with the terms of the Lease, as amended hereby). The Term with respect to the Post Single Tenant Date Storage shall commence on the Post-Single Tenant Date (and Tenant shall be permitted access to the Post Single Tenant Date Storage from and after such date), and shall continue for the remainder of the Fourth Amendment Extension Term (and any extension thereof in accordance with the terms of the Lease, as amended hereby).
(b) From and after (i) the Amendment Date, all of the terms and conditions of the Lease (as amended hereby) that are applicable to the Existing Storage Space (including without limitation, Paragraph 8 of Exhibit F to the Original Lease) shall be applicable with respect to the Expansion Storage Space, and all references in the Lease to the “Storage Space” shall be deemed to mean the Expansion Storage Space and the Existing Storage Space, and (ii) the Single-Tenant Date, all of the terms and conditions of the Lease (as amended hereby) that are applicable to the Existing Storage Space (including without limitation, Paragraph 8 of Exhibit F to the Original Lease) shall be applicable with respect to the Post Single Tenant Date Storage, and all references in the Lease to the “Storage Space” shall be deemed to mean the Expansion Storage Space, the Post Single Tenant Date Storage and the Existing Storage Space; provided, however, that Tenant shall not be required to pay any Storage Space Rent or Additional Storage Space Rent (or any Occupancy Charge) for the Expansion Storage Space, the Post Single Tenant Date Storage or the Existing Storage Space.
(c) Tenant hereby expressly acknowledges and agrees that (i) the area labelled “Telco” on Attachment E (the “Telco Room”), although located with the boundaries of the Expansion Storage Space, is not part of the Expansion Storage Space and Tenant shall have no right to use or access the Telco Room, and (ii) Landlord shall have the right, upon written request at any time and from time to ------------- Landlordtime, to rent storage space up to 1,000 rentable square feet at access the Project (the "STORAGE SPACE"). The monthly rental rate for the Expansion Storage Space (in order to access and use the "MONTHLY STORAGE RENT") shall be One Dollar and NO/100 ($1.00) per rentable square foot per month Telco Room in connection with the operation of the Storage SpaceBuilding. Such Monthly Storage Rent shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves grants to Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer the right to its personal property located anywhere in access the Expansion Storage Space at such times as Landlord desires to access and use the Telco Room (without any prior notice to or that it or its agentsconsent by Tenant), employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use provide Landlord with all keys necessary for Landlord to so access the Expansion Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expensesuch purpose.
Appears in 1 contract
Sources: Deed of Office Lease Agreement (Alarm.com Holdings, Inc.)
Storage Space. At any time, from time to time, during the term of this Lease, and provided there shall not have occurred an Event of Default, Tenant shall have may, in addition to the rightstorage space leased to Tenant pursuant to the last sentence of this Section I, upon thirty (30) days prior written request notice to ------------- Landlord, elect to rent storage space use up to 1,000 rentable 2,000 additional square feet at of space in the Project (basement of the "STORAGE SPACE"). The monthly rental rate Building, which may be used by Tenant for the Storage Space (the "MONTHLY STORAGE RENT") storage only and for no other purpose, provided, however, such space is available, which availability shall be One Dollar and NO/100 ($1.00) per rentable square foot per month of the Storage Space. Such Monthly Storage Rent shall be payable on the first day of each month determined by Landlord in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid RentLandlord's sole discretion. Tenant's Proportionate Share notice shall not be increased as a result of also state the term for which Tenant leasing elects to lease such Storage Spacestorage space. Except In consideration therefor, commencing on the date which is thirty (30) days after Tenant has delivered the aforesaid notice (provided Landlord has consented to the extent any lossavailability of such space), costsTenant shall pay to Landlord, damage, expense or liability exceeds the coverage of liability insurance in addition to Rent and property insurance coverage required hereunder to be carried all other sums payable by Tenant and is caused to Landlord under the Lease, a per annum amount, payable in equal monthly installments, equal to the product of (x) the number of square feet leased, multiplied by (iy) any default the then applicable rate per square foot of fixed base Rent, multiplied by Landlord in the observance or performance of any (z) 50%. Such storage space shall be held by Tenant subject to all of the terms, covenants or and conditions to of this Lease except (i) no escalations under Article 28 shall be observed or performed payable by Landlord under this LeaseTenant in respect thereof, or (ii) Tenant shall have no right to make any Alterations to such storage space and (iii) Landlord shall have no obligations to provide any services or make any repairs in respect of such storage space. Notwithstanding the negligence or willful misconduct of foregoing, Landlord or any of its agentshereby leases to Tenant, employees, contractors, or licensees, and Tenant hereby absolves Landlord hires from any and all lossLandlord, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere 500 square feet of space in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use basement of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use Building upon all of the Storage Space or access areas terms of this Section I except that (a) Landlord hereby waives the thirty (30) day notice requirement with respect to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it such space and (b) no Rent shall be Tenant's responsibility to obtain from Landlord payable in respect of such space until the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expenseRent Commencement Date.
Appears in 1 contract
Sources: Lease Agreement (Viatel Inc)
Storage Space. A. Landlord hereby demises and leases to Tenant, and Tenant shall have the right, upon written request to ------------- hereby leases from Landlord, to rent storage space up to 1,000 rentable square feet at the Project (the "STORAGE SPACE"). The monthly rental rate for the Storage Space for a term commencing as of June 11, 2012 (“Storage Space Commencement Date”) and terminating on the "MONTHLY STORAGE RENT"earlier of: (x) the date thirty (30) days after Tenant gives Landlord a written termination notice (“Storage Space Termination Notice”), or (y) September 30, 2015. Said demise of the Storage Space shall be One Dollar upon all of the terms and NO/100 ($1.00) per rentable square foot per month conditions of the Lease applicable to the Existing Premises, except to the extent inconsistent with the provisions of this Third Amendment.
B. Notwithstanding anything to the contrary herein contained, Tenant shall take the Storage Space “as-is”, in the condition in which the Storage Space is in as of the Storage Space Commencement Date, without any obligation on the part of Landlord to prepare or construct the Storage Space for Tenant’s occupancy and without any warranty or representation by Landlord as to the condition of the Storage Space. Such Monthly .
C. The Base Rent with respect to the Storage Rent Space shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due$[***] per year (i.e., $[***] per month).
D. Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except no obligation to provide any services to the extent any loss, costs, damage, expense or liability exceeds Storage Space other than electricity for the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere electric lighting fixture in the Storage Space.
E. Tenant shall use the Storage Space or that it or for storage purposes in connection with its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Premises demised under the Lease and for no other purposes whatsoever.
▇. ▇▇▇▇▇▇▇▇ reserves the right, from time to time, upon not less than thirty (30) days’ notice to Tenant, and at Landlord’s cost and expense, to require Tenant to relocate from the Storage Space or access areas to another area in the Building of substantially equivalent size to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied reasonably designated by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expense.
Appears in 1 contract
Sources: Datacenter Lease (Carbonite Inc)
Storage Space. Tenant shall have the right, upon written request right to ------------- Landlord, to rent storage space up to 1,000 rentable occupy approximately 15,000 square feet at of space on the Project lower level of the Building as identified on Exhibit B-1 hereto (the "STORAGE SPACEStorage Space")) to be used for storage in connection with Tenant's business. The monthly rental rate for term with respect to the Storage Space shall commence on the date on which Landlord makes the Storage Space available to Tenant (the "MONTHLY STORAGE RENTStorage Space Commencement Date") and shall be One Dollar and NO/100 ($1.00) per rentable square foot per month terminate on the Expiration Date. Tenant shall not pay any Fixed Annual Rent for the use of the Storage Space. Such Monthly Storage Rent shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner , but except as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as otherwise provided in Article 20 this Section 20.27, all of the other provisions of this Lease for unpaid Rent. Tenant's Proportionate Share shall apply as if the Storage Space were a part of the Premises, except that the Storage Space shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord included in the observance or performance calculation of any Rentable Square Feet for the purpose of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of determining Tenant's lease of or use of the Storage Space or access areas Share. Tenant shall pay to Landlord as an additional charge for electricity supplied to the Storage Space. In addition, Tenant hereby agrees to indemnifyan amount determined in accordance with Article 16 of this Lease; provided, defendhowever, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of that if the Storage Space or access areas is not separately metered, then such charge shall be equal to Landlord's actual costs of providing electricity to the Storage Space, as reasonably allocated by Landlord based on a submeter or other reasonable allocation. Tenant agrees Landlord shall not be required to store provide any flammable or highly combustible materials in services (such as, without limitation, cleaning) to the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use , and the Storage Space solely for storage purposes and shall not as office spacebe included in calculating Tenant's Share. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and in its "as is" condition. Tenant shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair permitted to make alterations to the Storage Space at its Tenant's sole cost expense, subject to the conditions set forth in Article 8 of this Lease, provided that Tenant shall remove any such alterations as directed by Landlord at the termination of this Lease, to the extent that Landlord so requires in accordance with Article 8. Tenant's right to occupy the Storage Space hereunder is a license otherwise upon the same terms and expenseconditions set forth in this Lease, revocable by Landlord at any time upon the occurrence of an Event of a Default by Tenant under the terms of this Lease, and shall not be construed to be a lease of such space.
Appears in 1 contract
Sources: Lease Agreement (Etre Reit, LLC)
Storage Space. In addition to Tenant’s rights to lease the Storage Premises in accordance with the terms of Section 29.30 of the Office Lease, Tenant shall have be entitled, at any time following the rightcommencement of construction within the Improvement Space, upon written request but subject to ------------- availability, to lease up to an additional 3,000 square feet of storage space (which may, at Landlord’s option, be provided in up to two (2) increments) (the “Additional Storage Premises”). In no event shall Landlord be required to perform any demolition or tenant improvement work or convert any space (whether then comprised of office space, retail space, parking or other non- storage space) to storage space for purposes of providing the same to Tenant. In the event that Landlord shall rent Additional Storage Premises to Tenant in accordance with the terms hereof, Tenant shall pay to Landlord, monthly storage rent in an amount equal to rent storage space up to 1,000 rentable square feet at the Project (the "STORAGE SPACE"). The monthly rental rate for the Storage Space (the "MONTHLY STORAGE RENT") shall be One Dollar and NO/100 ($1.00) 0.75 per rentable square foot per month for the first year of such lease, with three percent (3%) annual increases thereafter. All storage rent shall be due on a monthly basis concurrently with Tenant’s payment of the Base Rent due with respect to the Premises, and shall constitute Additional Rent under the Lease, as amended hereby. Tenant shall give prompt notice to Landlord in case of fire or accidents in or about the Additional Storage Premises or of defects therein or in the fixtures or equipment related thereto. Tenant acknowledges and agrees that Landlord shall have no obligation to provide any security for the Additional Storage Premises. Notwithstanding the foregoing, Landlord hereby acknowledges and agrees that the access control services provided by Landlord pursuant to the terms of Section 6.1.7 of the Lease shall apply with respect to Tenant’s lease of the Additional Storage Premises to the extent the Additional Storage Premises are located in the Building and not the “6310 Building,” as that term is defined below. The Additional Storage Premises, if leased by Tenant, shall be leased by Tenant in its then existing, “as-is” condition. Tenant shall be fully responsible for repairing any damage to the Additional Storage Premises to the extent such damage results from or relates to Tenant’s use thereof. Tenant’s insurance obligations under the Lease shall also pertain to Tenant’s use of the Storage SpacePremises. Such Monthly The exact location of the Additional Storage Rent Premises shall be payable on determined by Landlord in its sole and absolute discretion and may be located in the first day Building and/or in the building located at 6▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (the “6310 Building”). Tenant hereby acknowledges and agrees, however, that (i) the 6310 Building is currently owned by an affiliate of each month Landlord and that any rights to storage space in advance during the Lease Term 6310 Building shall terminate to the extent that such affiliate of Landlord shall sell the 6310 Building, and (ii) to the extent Tenant shall lease storage space pursuant to the terms hereof in the 6310 Building, Tenant shall execute commercially reasonable documentation consistent with the terms of this Section 6 which may be provided by Landlord or Landlord’s affiliate in connection with Tenant’s lease of storage space at the same time and in 6310 Building. Tenant hereby acknowledges that, to the same manner as Monthly Basic Rental for the Premises. In the even the Monthly extent Additional Storage Rent Space is not paid when dueavailable as set forth herein, Landlord shall have the same rights as provided no liability to Tenant in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance connection therewith and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any all of the terms, covenants or conditions to be observed or performed by Landlord under this terms of the Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agentsas amended hereby, employees, contractors, or licensees, Tenant hereby absolves Landlord from any shall remain in full force and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expenseeffect.
Appears in 1 contract
Sources: Office Lease (EMAK Worldwide, Inc.)
Storage Space. Tenant shall have A. Subject to availability and the rightrights of existing tenants of the Buildings, upon if any, and after written request from Tenant, Landlord shall lease to ------------- Landlord, Tenant up to rent 300 square feet of storage space up to 1,000 rentable square feet at the Project (the "STORAGE SPACEStorage Space"). The monthly Storage Space rental rate for per square foot of the Storage Space (the "MONTHLY STORAGE RENTStorage Space Rental") initially shall be One Dollar and NO/100 Fourteen Dollars ($1.0014.00) per rentable usable square foot per month of for the Lease Term, and shall thereafter be adjusted from time to time by Landlord to reflect market rates. Storage Space. Such Monthly Storage Rent Space Rental shall be payable in advance on or before the first day of each month in advance during of the Storage Term. Any initial or final month shall be prorated. The Lease Term at for the same time and in Storage Space shall be coterminous with the same manner as Monthly Basic Rental for Term of the Premises. In The Storage Space shall be used by Tenant for the even storage of furniture, equipment, inventory or other non- perishable items normally used in Tenant's business (exclusive of any items or materials which may be deemed to be hazardous to the Monthly environment or hazardous to human life or safety), and for no other purpose whatsoever. Tenant agrees to keep the Storage Rent Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. Landlord shall have the right to designate the location within the Storage Space of any items to be placed therein. All items stored in the Storage Space shall be elevated at least six inches above the floor on wooden pallets, and shall be at least eighteen inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord's insurance rates, or cause a cancellation or modification of Landlord's insurance coverage. Without limitation, Tenant shall not paid when duestore any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord's prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time.
B. All terms and provisions of this Lease shall be applicable to the Storage Space, including, without limitation, Article 13 (Indemnity and Waiver of Claims) and Article 14 (Tenant's Insurance), except that Landlord need not supply air-cooling, heat, water, janitorial service, cleaning, window washing or electricity to the Storage Space and Tenant shall not be entitled to any work allowances, rent credits, expansion rights or renewal rights with respect to the Storage Space unless such concessions or rights are specifically provided for in the Lease with respect to the Storage Space.
C. Tenant agrees to accept the Storage Space in its condition and "as-built" configuration existing on the earlier of the date Tenant takes possession of the Storage Space or the Storage Commencement Date.
D. At any time and from time to time, Landlord shall have the same rights as provided in Article 20 right to relocate the Storage Space to a new location which shall be no smaller than the square footage of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such the Storage Space. Except to Landlord shall pay the extent any lossdirect, costsout-of- pocket, damage, expense or liability exceeds reasonable expenses of such relocation.
E. Storage Space Rental is deemed Rent under the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord Lease.
F. Notwithstanding anything set forth in the observance or performance of any Article 11 of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or shall not, from any cause whatsoeverwithout the prior written consent of Landlord, that Tenant which consent may suffer to its personal property located anywhere be withheld in Landlord's sole discretion, assign, sublease, transfer or encumber the Storage Space or that it grant any license, concession or its agents, employees, principals, invitees, other right of occupancy or licensees may suffer as a direct or indirect consequence of Tenant's lease of or permit the use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against by any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of party other than Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expense.
Appears in 1 contract
Storage Space. Provided that Tenant provides written notice to Landlord of Tenant’s desire to lease storage space no later than thirty (30) days prior to the Commencement Date, then, commencing on the Commencement Date, and continuing for the balance of the Term (except as provided below in this Paragraph 6(M)), Tenant shall have the rightright to lease and utilize an amount of storage space not less than 10,000 square feet of Rentable Area and not in excess of Tenant’s Pro Rata Share of all storage space located in the Building and being made available for tenant usage (so long as not less than 10,000 square feet of Rentable Area of storage space is made available to Tenant as aforesaid), which storage space need not be contiguous (but will be four (4) or fewer spaces of no less than 1,500 square feet of Rentable Area each), but shall be secure (i.e., having a lockable entrance), ventilated, heated and lighted space located in a portion of the Building designated by Landlord with reasonable access to and from the Tenant Freight Elevator and the Tenant Staging Area. Landlord shall have the right to relocate any such storage space from time to time to another location at the Building reasonably acceptable to Tenant upon not less than sixty (60) days prior written request notice thereof to ------------- LandlordTenant, so long as (i) the substitute space is of reasonably comparable size to the space being so relocated, (ii) the substitute space meets all of the criteria described in this Paragraph 6(M), and (iii) Landlord is responsible, at its expense, for moving all items being stored in the relocated space to the applicable substitute storage space, as well as for the security and condition of any and all items being so moved during the course of such move, and in such event, Landlord shall indemnify and hold Tenant harmless from and against, and shall compensate Tenant for, any and all loss or damage to any of the items so moved, to rent the extent such loss or damage occurred during the course of such move. Tenant shall use such storage space up for purposes of storing files, records, furniture, equipment, supplies, attic stock and materials of the type customarily used by office building tenants, and for no other purposes. Landlord shall provide services to 1,000 rentable square feet such storage space as are customarily provided to storage space in comparable Class A office buildings in downtown Chicago. Tenant shall pay Rent for such storage space at the Project (the "STORAGE SPACE"). The monthly gross rental rate for the Storage Space (the "MONTHLY STORAGE RENT") i.e., there shall be One Dollar and NO/100 (no Operating Expenses or Taxes separately payable for any such storage space) of $1.00) 17.00 per rentable square foot per month of the Storage Space. Such Monthly Storage Rent shall be payable Rentable Area thereof, increased on a cumulative, compounding basis commencing on the first day of each the second Lease Year by two and one-half percent (2.5%) annually. Tenant’s use of such storage space shall be subject to such reasonable rules and regulations as Landlord from time to time may promulgate on a non-discriminatory basis, and, at Landlord’s request, the parties shall enter into a separate storage space lease in form and substance reasonably satisfactory to Landlord and Tenant, which shall be consistent with the terms of this Paragraph 6(M) and the terms of this Lease, and shall not impose any additional duties, obligations or liabilities upon Tenant (except to a de minimis extent). Tenant may elect at any time upon at least thirty (30) days’ prior written notice to Landlord to surrender to Landlord as of the last day of a calendar month in advance during the Lease Term at thereafter any demisable portion of such storage space (i.e., meaning space which Landlord reasonably determines is capable of being demised as storage space to another tenant without additional cost to separately demise the same time and in being imposed on Landlord) which has access to the same manner as Monthly Basic Rental for Common Areas of the PremisesBuilding. In the even event that Tenant does not elect to lease Tenant’s Pro Rata Share of the Monthly Storage Rent is not paid when duestorage space at the Building effective as of the Commencement Date as provided above, but thereafter notifies Landlord that Tenant desires to lease any such storage space, Landlord shall give Tenant notice if any storage space at the Building is available (or when any additional storage space in the Building will become available), and Tenant shall have the right to lease the same rights upon the terms (including the then escalated rental rates, continuing to escalate as provided and when described above) set forth above commencing on the first day designated by Tenant on which such space is (or so becomes) available. Without limitation of the foregoing, and in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except addition to the extent storage rights otherwise provided above in this Paragraph 6(M), it is agreed that Tenant shall lease as storage space during the Term, at the Rent rates and other terms otherwise described above in this Paragraph 6(M) relative to other storage space at the Building, such portion of the space on the 5th floor of the Building depicted as being part of the Initial Premises on Exhibit A-1 attached hereto as may be designated by Tenant, by written notice thereof delivered to Landlord on or before December 31, 2005 (time being of the essence); provided that in no event shall Tenant have the right to designate as such storage space on the 5th floor any lossarea which would result in less than 10,000 square feet of Rentable Area, costsin the aggregate, damageremaining as part of the Initial Premises hereunder on the 4th and 5th floors of the Building. In the event that Tenant fails to so timely deliver its notice as described in the preceding sentence, expense or liability exceeds then the coverage entire area on the 5th floor which is designated on Exhibit A-1 as the 5th floor portion of liability insurance and property insurance coverage required hereunder the Premises shall continue to be carried leased as part of the Initial Premises hereunder. The actual Rentable Area of any storage space so designated by Tenant on the 5th floor shall be determined pursuant to the Measurement Method and is caused by (i) any default by Landlord in the observance or performance of any as part of the terms, covenants or conditions to be observed or performed by Landlord determination of all Rentable Area under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not shall have no right to store surrender any flammable or highly combustible materials in the Storage Space. Tenant also agrees not such 5th floor storage space to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice the Term, notwithstanding anything contained herein to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expensecontrary.
Appears in 1 contract
Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Storage Space. A. Landlord hereby demises and leases to Tenant and Tenant hereby accepts and leases from Landlord during the Term, certain storage space located on the 26th floor of the Building containing six hundred thirty-one (631) square feet, as outlined on Exhibit B attached hereto and made a part hereof (the “Storage Space”). Except as specifically set forth in this Paragraph 71, all terms and conditions of this Lease shall apply to the Storage Space as if the Storage Space were part of the Leased Premises, and all references to the Leased Premises contained herein, shall, where applicable, be deemed to be references to the Lease Premises and the Storage Space.
B. In addition to Base Rent, Tenant shall have the rightpay to Landlord as Additional Rent hereunder, upon written request to ------------- Landlord, to rent storage space up to 1,000 rentable square feet at the Project (the "STORAGE SPACE"). The monthly rental rate for the Storage Space (the "MONTHLY STORAGE RENT"“Storage Space Rental”) in an amount equal to five hundred seventy-eight dollars and 42/100 ($578.42) per month (equivalent to an annual rate of $11.00 per square foot of such Storage Space). The Storage Space Rental shall be One Dollar increased by an amount equal to three percent (3%) of the then Storage Space Rental on each anniversary of the Commencement Date during the Term and NO/100 ($1.00) per rentable square foot per month such increased Storage Space Rental shall then be the Storage Space Rental for the next succeeding year of the Term. The Storage Space Rental set forth in this Paragraph 71B includes all Taxes and Operating Expenses with respect to the Storage Space and Tenant’s Proportionate Share of Taxes and Operating Expenses shall not be adjusted to include any such amounts which would otherwise be allocable to the Storage Space. Such Monthly .
C. The Storage Rent Space shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental used by Tenant solely for the Premisesstorage of papers, files, records and other office materials used in connection with the conduct of Tenant’s business from the Leased Premises and for no other purpose whatsoever. In Tenant covenants and agrees to maintain the even Storage Space in a clean and orderly condition and to maintain, at all times, clear aisles between the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried items stored by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agentswith minimum widths of three feet (3’), employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of sufficient to allow Landlord access to the Storage Space or access areas to Building equipment located in the Storage Space. In additionconnection therewith, Landlord shall at all times retain pass keys to the Storage Space and shall make reasonable efforts, but shall have no obligation, to notify Tenant prior to Landlord’s entry into the Storage Space.
D. Tenant agrees that it will repair promptly, at its own expense, any damage to the Storage Space caused by bringing into the Storage Space any property for Tenant’s use or storage, or by the removal of such property, or by the negligence of Tenant or Tenant’s employees, and that it will surrender the Storage Space at the expiration of the Term in as good condition as when received, reasonable wear and tear and damage by fire or other current casualty excepted broom clean and free of all debris.
E. Landlord shall construct the Storage Space pursuant to plans and specifications approved by Tenant. Tenant shall pay any and all costs incurred with respect to the preparation and approval of such plans and specifications as well as the construction of the Storage Space; provided, however, that Landlord shall credit against the Storage Space Rental next due and owing hereunder any such amounts so paid by Tenant, not to exceed, in the aggregate, one thousand seven hundred and sixty dollars ($1,760.00).
F. Tenant shall have the right from time to time to terminate the lease for all or any of the three portions of Storage Space set forth in this Paragraph 71 at any time after the third (3rd) anniversary of the Commencement Date by giving Landlord written notice of its intent to so terminate no later than ninety (90) days prior to the effective date of such termination. In the event of such termination, Tenant shall pay to Landlord, together with the giving of such notice, an amount equal to the then unamortized portion of the sum of the commission paid by Landlord to ▇.▇. ▇▇▇▇▇▇▇▇ & Co. and Landlord’s in-house commission in connection with the lease of this Storage Space. Landlord and Tenant hereby agrees agree that for the purpose of calculating such payment, said commission shall be allocated pro-rata on a square footage basis to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use each portion of the Storage Space or access areas to and amortized evenly over a fifteen (15) year period commencing on the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of filesCommencement Date.
10. Except as aforesaidexpressly set forth herein, Tenant the Lease shall accept the Storage Space without any warranties or representations remain unmodified and shall alterin full force and effect, enforceable in accordance with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expenseterms.
Appears in 1 contract
Storage Space. Throughout the Term of the Lease, Tenant shall have a right to lease from Landlord any storage space in the Project which is available for lease. Initially, Tenant shall lease 1,641 square feet of storage space in the area depicted on Exhibit O attached hereto and made a part hereof (the “Initial Storage Space”). Provided Landlord has the space available (with no obligation of Landlord to demise any space to create different sizes of storage space), Tenant shall have the right, upon at any time during the Term, to exchange the Initial Storage Space for other storage space in the Building (whether such space is larger or smaller than the Initial Storage Space) and to lease additional storage space from Landlord. Provided Landlord has the space available, Landlord shall deliver such storage space to Tenant within thirty (30) days of Tenant’s written request therefor. In addition, Tenant shall have the right to ------------- Landlord, to rent terminate the lease for the Initial Storage Space or any other storage space up leased by Tenant upon the delivery of thirty (30) days prior written notice to 1,000 rentable square feet Landlord (such termination shall not preclude Tenant from thereafter exercising its rights provided in this Section 20.30 to re-lease the Initial Storage Space or lease different storage space from Landlord; provided such Initial Storage Space or different storage space is available at the Project (the "STORAGE SPACE"such time). The monthly Hereinafter, the Initial Storage Space and any additions to or replacements thereof shall be referred to collectively as the “Storage Space”. As of the date of this Lease, the annual rental rate for the Storage Space (the "MONTHLY STORAGE RENT") shall be One Dollar and NO/100 Twelve Dollars per square foot ($1.00) per rentable square foot per month of the Storage Space12.00/sq. Such Monthly Storage Rent shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental ft.). The rental rate for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer shall be subject to increases by Landlord from time to time (as a direct or indirect consequence of Tenant's lease of or use of and when such rates are increased by Landlord for similar storage space at the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage SpaceProject but in no event shall such increases exceed 2.5% per annum). Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for the storage purposes of materials, equipment, files, records and not furniture related to the use of the Premises. Unless otherwise terminated as office space. Tenant agrees that Landlord and its agents may enter and inspect provided herein, the term for the Storage Space shall commence on the Commencement Date and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposesshall expire on the Expiration Date. Landlord shall deliver have the right to relocate the Storage Space to other space in the Project provided such space is of comparable size and provided Landlord pays the reasonable moving costs in connection therewith. Landlord agrees to relocate Tenant only if Landlord needs the Storage Space in connection with performing Landlord’s obligations under the Lease. In no event shall the Storage Space be included in the calculation of Tenant’s Share and Tenant shall not be obligated to pay Operating Costs for said space. Landlord shall not provide any services to the Storage Space other than elevator access to and lighting of the Storage Space, at no cost to Tenant (other than as a condition suitable for the storage part of filesOperating Costs as provided in this Lease). Except as aforesaid, Tenant shall accept the Storage Space without in its “as-is” condition subject only to any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair latent defects in the Storage Space but excluding items of damage caused by Tenant or the Tenant Parties. Tenant shall be obligated to maintain, at its Tenant’s sole cost and expense, the Storage Space and, at the end of the term for the Storage Space, Tenant shall surrender the Storage Space to Landlord in the same condition as existed as of the date of this Lease, reasonable use, wear and tear thereof and repairs which are Landlord’s obligations under Articles 8, 14 and 15 only excepted. Tenant shall remove all debris and Tenant’s Property from the Storage Space upon such surrender. Tenant shall not assign or sublet all or any part of the Storage Space unless such assignment is made in connection with a Transfer consented to by Landlord (or a Permitted Transfer) pursuant to Article 7 herein. Tenant shall not be permitted to make any alterations or improvements to the Storage Space without the prior consent of Landlord, which may be withheld in Landlord’s sole discretion. Tenant shall maintain the same types and amounts of insurance for the Storage Space as is required for the Premises. Except as provided in this Section 20.30 or implied by the terms hereof, all of covenants, conditions and obligations of Tenant set forth in the Lease with respect to the Premises shall apply to the Storage Space.
Appears in 1 contract
Storage Space. (a) In addition to the Premises defined in Section 1.2 above, Landlord desires to lease to Tenant shall have the right, upon written request and Tenant desires to ------------- Landlord, to rent storage lease from Landlord additional space up to 1,000 comprising approximately Five Hundred Fifty-Nine (559) rentable square feet at of below grade space in the Project Building as shown on Exhibit A-3 attached hereto (hereinafter referred to as the "STORAGE SPACEStorage Space"). The monthly rental rate for , on the Storage Space all of the terms and conditions of the Lease applicable to the Premises except as specifically set forth in this Paragraph 13.
(the "MONTHLY STORAGE RENT"b) Tenant shall be One Dollar pay to Landlord Ten and NO/100 No/100 Dollars ($1.0010.00) per rentable square foot per of space in the Storage Space with respect to the Storage Space throughout the Term of the Lease. Such monthly installments of storage rent shall hereinafter be referred to as "Monthly Storage Space Rent". The Monthly Storage Space Rent will constitute Additional Rent (as defined in the Lease) and shall be due and payable, without deduction or set off, on the first (1st) day of each calendar month during the Term of the Lease commencing January 1, 2005. Tenant's obligation to pay Monthly Storage Space Rent hereunder shall be abated from the period commencing on the Commencement Date and continuing until December 31, 2004. No other amounts other than Monthly Storage Space Rent shall be abated except as expressly provided elsewhere in the Lease. If Tenant defaults under the Lease after the expiration of any applicable notice and cure period prior to January 1, 2005, then Tenant shall no longer be entitled to any further abatement of Monthly Storage Space Rent. Monthly Storage Space Rent for any period during the term hereof which is for less than one (1) month shall be prorated based upon the actual number of days of the calendar month involved.
(c) Notwithstanding anything to the contrary contained in the Lease or herein, (i) the Base Rent payable with respect to the Premises set forth in Section 1.8 of the Lease shall not be applicable to the Storage Space. Such ; (ii) Monthly Storage Space Rent payable with respect to the Storage Space shall not be subject to annual escalations; (iii) neither Operating Expense increases as set forth in Section 5 of the Lease nor the Electric Energy Charge as set forth in Section 11.6 of the Lease shall be payable on with respect to the first day Storage Space.
(d) Tenant shall use the Premises solely for storage of each month office supplies, files, UPS battery packs and product samples and for no other purposes whatsoever.
(e) All property placed in advance during the Lease Term Storage Space by Tenant, its agents, or any other persons, shall be and remain at the same time and in the same manner as Monthly Basic Rental for the Premisessole risk of Tenant, its agents or other persons. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing liable for any damage to, or theft or loss of, such Storage Space. Except to the extent any lossproperty, costs, damage, expense whether or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is not caused by (i) any default by Landlord in the observance act or performance omission of any of the termsperson, covenants including Landlord or conditions to be observed or performed by Landlord under this Leaseits agent, or (ii) by the bursting, leaking or overflowing of water, sewer or sprinkler pipes, plumbing fixtures, or any other act or thing, unless such damage to, or theft or loss of, such property results directly from the negligence or willful misconduct of Landlord and then only to the extent that Tenant, its agents or any of its agentsother persons, employees, contractors, or licensees, Tenant hereby absolves are not compensated therefor by Tenant's insurance. In no event shall Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall agent be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely liable for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four consequential damages.
(24f) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as with full height walls, sprinklers, appropriate lighting and a condition suitable for the storage of filessecure locked door. Except as aforesaidspecifically provided herein, Tenant shall hereby agrees to accept the Storage Space without in its "as is" condition existing on the Commencement Date and Landlord shall have no obligation to construct any warranties tenant improvements to the Storage Space on behalf of Tenant. Tenant is not entitled to any improvement allowance pursuant to the terms of the Lease. Landlord will not provide heat, air conditioning, water, char service or representations any other utility or service to the Premises and the provisions of Section 11 of the Lease shall alternot apply to the Storage Space.
(g) Notwithstanding any provision herein or in the Lease to the contrary, with Landlord's prior written approval (which approval the Storage Space shall not be unreasonably withheld counted in connection with, or delayed)applied to, maintain and repair the Storage Space at its sole cost and expense.calculation of Tenant's Share set forth in Section 1.11 of the Lease nor the calculation of the number of parking spaces Landlord shall allocate to Tenant pursuant to Section 1.13
Appears in 1 contract
Sources: Standard Office Lease (Pdi Inc)
Storage Space. Tenant shall have the right, upon written request to ------------- Landlordoption, to rent be exercised by written notice to Landlord on or before October 1, 2002, to lease up to 300 square feet of storage space up located in the Parking Garage. If Tenant exercises its option to 1,000 rentable square feet at lease any such storage space, then (i) Landlord shall deliver the Project same to Tenant within ninety (90) days after the "STORAGE SPACE"). The monthly rental rate for date of Tenant's exercise notice, (ii) the Storage Space (the "MONTHLY STORAGE RENT") storage space shall be One Dollar delivered to Tenant with adequate lighting, a ceiling height of not less than 7 1/2 feet, framed out with unfinished sheetrock walls and NO/100 with a door and a complete lock set, ($1.00iii) per rentable square foot per month the storage space shall be in a maximum of two (2) areas; (iv) the term of the leasing of such storage space shall commence on the date Landlord so delivers the storage space to Tenant and, unless terminated sooner by Tenant, shall end upon the termination of this Lease, and (v) Landlord and Tenant shall enter into a Storage Lease in substantially the same form and content as Exhibit I attached hereto prior to Landlord's delivery of the Storage Space. Such Monthly Storage Rent During the portion of the term of the leasing of the storage space that occurs during the Original Term, Tenant shall pay to Landlord for such space annual rent at the rate of $7.00 per square foot of the storage space per annum. During the portion of the term of the leasing of the storage space that occurs during any Renewal Term, Tenant shall pay to Landlord for such space annual rent at a rate reasonably determined by Landlord to be the prevailing rate for storage space in the Parking Garage leased separately to other tenants of the Building (i.e., not included as part of the base rent) at the time of the commencement of such Renewal Term. The annual rent shall be payable in equal monthly installments on the first day of each calendar month in advance during falling within the Lease Term at term of the same time and in leasing of the same manner as Monthly Basic Rental storage space. There shall be no additional rent or other charges due for such storage space; accordingly, the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to reflect the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any addition of the termsstorage space. Tenant, covenants or conditions upon at least thirty (30) days prior written notice to be observed or performed by Landlord under this Leasegiven at any time, or (ii) may terminate the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use term of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use leasing of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expense.
Appears in 1 contract
Sources: Lease Agreement (KBS Real Estate Investment Trust II, Inc.)
Storage Space. (i) Provided such space is available for lease from time to time during the Term, Tenant will have the option to lease from Landlord certain storage space located in the basement of the Building (the “Storage Space”) on a month-to-month basis until Tenant terminates the leasing of such Storage Space; provided that in no event will the term of Tenant’s leasing of any Storage Space extend beyond the expiration or sooner termination of this Lease, such option to be exercised by written notice to Landlord (“Tenant’s Storage Exercise Notice”); promptly following delivery of Tenant’s Storage Exercise Notice, Landlord will notify Tenant of the location, size and configuration of any Storage Space which is then available.
(ii) Provided the Storage Space is available for lease following the date of Tenant’s Storage Exercise Notice, the Storage Space shall be delivered in its “as-is” condition and be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall have not store anything in the rightStorage Space which is unsafe or which otherwise may create a hazardous condition, upon or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written request approval. Landlord reserves the right to ------------- Landlordadopt and enforce reasonable rules and regulations not inconsistent with this Lease governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to rent storage space up Landlord in the condition in which it was delivered to 1,000 rentable square feet at the Project Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
(the "STORAGE SPACE"). The monthly rental rate iii) Tenant shall pay Rent for the Storage Space (“Storage Rent”) in the "MONTHLY STORAGE RENT") shall be One Dollar and NO/100 (amount equal to $1.00) 20.00 per rentable square foot per annum in equal monthly installments, plus applicable sale and use taxes, each payable in advance on or before the first day of each month. Any partial month shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder.
(iv) All terms and provisions of this Lease shall be applicable to the Storage Space, except that Landlord need not supply air-cooling, heat, water, janitorial service, cleaning, window washing or electricity to the Storage Space and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk. The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Space.
(v) At any time and from time to time, Landlord shall have the right to relocate the Storage Space to a new location which shall be no smaller than the square footage of the Storage Space. Such Monthly Storage Rent shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have pay the same rights as provided in Article 20 direct, out-of-pocket, reasonable expenses of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expenserelocation.
Appears in 1 contract
Storage Space. Landlord shall lease storage space (“Storage Space”) to Tenant on the following terms and conditions:
(1) Commencing on September 1, 1997, Tenant shall have the rightright to lease up to approximately 7,500 square feet of Storage Space in the Building to be used by Tenant for the storage of books, upon written request papers and documents, only. Tenant shall make its final determination as to ------------- Landlordthe maximum amount of Storage Space which it wishes to lease no later than December 31, 1997, and the terms set forth herein shall only apply to rent storage space up leased by Tenant prior to 1,000 rentable December 31, 1997. Any storage space which Tenant is leasing as of September 1, 1997 pursuant to the Existing Lease shall be deemed to be part of (i.e., shall count toward) the total square feet at the Project (the "STORAGE SPACE")footage of storage space which Tenant is leasing hereunder. The monthly rental rate Storage Rent for the Storage Space (the "MONTHLY STORAGE RENT") shall be One Dollar as follows:
(a) Storage Space up to and NO/100 (including 3,916 square feet: $1.00) 10.00 per rentable square foot per month of for the Storage Spaceperiod commencing on September 1, 1997 and ending on August 31, 1998. Such Monthly Thereafter, on each September 1 during the Term, such Storage Rent shall be increased by 2.25% over the Storage Rent for the preceding 12-month period.
(b) Storage Space over 3,916 square feet up to and including 7,500 square feet: $11.00 per square foot for the period commencing on September 1, 1997 and ending on August 31, 1998. Thereafter, on each September 1 during the Term, such Storage Rent shall be increased by 2.25% over the Storage Rent for the preceding 12-month period. The Storage Space Rent shall be payable as and when Monthly Base Rent is payable, commencing on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, date that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use possession of the Storage Space is delivered to Tenant. Notwithstanding the foregoing, for purposes of calculating Tenant’s Share, the Storage Space shall not be included in the Rentable Area of the Premises.
(2) Tenant shall not be required to pay Taxes or access areas Operating Expenses with respect to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas but shall be responsible for all electricity charges with respect to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use keep the Storage Space solely for storage purposes in a neat and not as office spaceorderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers.
(3) The Storage Space shall be made available to Tenant in broom clean condition. Tenant agrees that Landlord and its agents may enter and inspect has no obligation to make any improvement to the Storage Space other than to install a single light fixture, a door with a lock and demising walls; provided, however, that Tenant shall pay the costs of any goods stored therein demising work. Tenant’s use of the Storage Space shall at any all times be in compliance with the provisions of this Lease.
(4) Landlord may from time during regular business hours to time upon giving twenty-four thirty (2430) hours days prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shallrelocate, at its sole cost and Landlord’s expense, deliver any or all of the Storage Space to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposesother storage areas in the Building (“New Storage Space”) in which event the New Storage Space shall be deemed to be the Storage Space hereunder. Landlord shall deliver pay the actual and reasonable expenses of physically moving Tenant’s property to the New Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expenseSpace.
Appears in 1 contract
Storage Space. Section 32.1 Landlord hereby grants to Tenant, for Tenant’s own use and not for resale purposes, a license of area up to two thousand (2000) gross square feet in the Building as determined by Landlord in Landlord’s judgment from time to time (the “Storage Space”) for the dry storage of Tenant’s Property and for no other purpose pursuant to the terms and conditions of this Article 32 commencing from the time Landlord notifies Tenant in writing of the Storage Space location (“Storage Space Commencement Date”) through the Term or earlier termination of this Lease
Section 32.2 Tenant shall have the right, upon written request pay a license fee to ------------- Landlord, to rent storage space up to 1,000 rentable square feet at the Project (the "STORAGE SPACE"). The monthly rental rate Landlord for the Storage Space (the "MONTHLY STORAGE RENT") shall be One Dollar and NO/100 ($1.00) per rentable square foot per month of the Storage Space. Such Monthly Storage , as Additional Rent shall be payable in advance on the first day of each month in advance during the Lease Term at the same time and Term, in the same manner as Monthly Basic Rental for amount of six and 50/100 dollars ($6.50) per gross square foot per annum (the Premises. In the even the Monthly “Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Space Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i”) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in beginning on the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence Commencement Date through the Term or- earlier- termination of Tenant's lease this Lease. The Storage Space Rent shall increase on each anniversary of or use the Commencement Date by an amount equal to three percent (3.0%) of the Storage Space or access areas to Rent, notwithstanding the Storage Space. In addition, fact that Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees may not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees elect to use the Storage Space solely for storage immediately upon the Commencement Date. For purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the of this Lease, Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice Rent shall be deemed to be included as Additional Rent hereunder.
Section 32.3 Tenant and so long as accompanied by a representative of Tenant. Tenant shallshall be responsible, at its Tenant’s sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver cage off that certain area encompassing the Storage Space as a condition suitable for from the storage rest of files. Except as aforesaid, Tenant shall accept the Building and to construct an entrance into the Storage Space without any warranties or representations from the Premises. Tenant acknowledges and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair agrees the Storage Space shall have one single point of entry through the Premises only.
Section 32.4 Landlord may at its option, at any time during the Term upon not less than thirty (30) days prior notice to Tenant (except in the event of an emergency) relocate the Storage Space to another area in, on or adjacent to the Building designated by Landlord, at Tenant’s sole cost and expense.
Section 32.5 For purposes of this Lease and except as otherwise set forth in this Article 32, the Storage Space shall be deemed to be included as part of the Premises and Tenant shall have all those respective obligations regarding the Storage Space as set forth herein for the Premises, including, but not limited to, insurance requirements, maintenance obligations, access rights, and the like. Tenant acknowledges and agrees Landlord will not provide any services to the Storage Space, however, Landlord will cooperate with Tenant, at no cost to Landlord, to aid Tenant in obtaining any requested utilities to the Storage Space, all at Tenant’s sole cost and expense.
Appears in 1 contract
Sources: Lease Agreement (Rackspace Inc)
Storage Space. (a) Landlord hereby leases to Tenant, and Tenant shall have the right, upon written request to ------------- hereby hires from Landlord, storage room space on the 7th floor of the Building, containing an area agreed between Landlord and Tenant to rent storage space up consist of 9▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Feet, substantially as shown on the floor plan attached as Exhibit A to 1,000 rentable square feet at the Project this Amendment (the "STORAGE SPACE"“Storage Space”), on all of the terms and provisions of the Lease, as amended by this Amendment, for a term commencing on April 1, 2004 (the “Effective Date”) and ending on the Expiration Date. The monthly rental rate Storage Space shall be used by Tenant only for the Storage Space storage of Tenant’s Property in compliance with all Laws, and for no other purposes.
(b) Notwithstanding anything set forth in this Amendment or the "MONTHLY STORAGE RENT") Lease to the contrary, the following Articles and Sections of the Lease shall be One Dollar and NO/100 ($1.00) per rentable square foot per month of the Storage Space. Such Monthly Storage Rent shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas inapplicable to the Storage Space. In addition: Article 2, Article 3 (except for Section 3.2), Article 5, Article 7, Article 10, Article 27, Articles 29, 30 and 31, and Article 33, and Section 9.4.
(c) For the portion of the Term commencing on the Effective Date and ending on the Expiration Date, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to shall pay Fixed Rent for the Storage Space. Tenant agrees not , as follows, in addition to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not Fixed Rent and Additional Rent payable under the Lease with respect to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes Premises demised thereunder: (i) Eight Thousand One Hundred and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four 00/100 Dollars (24$8,100.00) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable per annum ($675.00 per month) for the storage period commencing on the Effective Date and ending one day prior to the fifth (5th) anniversary of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations Effective Date; and
(ii) Nine Thousand and shall alter, with Landlord's 00/100 Dollars ($9,000.00) per annum ($750.00 per month) for the period commencing on the fifth (5th) anniversary of the Effective Date and ending one day prior written approval to the tenth (which approval shall not be unreasonably withheld or delayed), maintain 10th) anniversary of the Effective Date; and
(iii) Nine Thousand Nine Hundred and repair 00/100 Dollars ($9,900.00) per annum ($825 per month) for the Storage Space at its sole cost period commencing on the tenth (10th) anniversary of the Effective Date and expenseending on the Expiration Date.
Appears in 1 contract
Sources: Lease (Doubleclick Inc)
Storage Space. 29.1 Tenant shall have lease from Landlord during the rightLease Term, upon written request to ------------- Landlord, to rent approximately one thousand (1,000) square feet of storage space up to 1,000 rentable square feet at the Project as depicted on Exhibit P attached hereto (the "STORAGE SPACE"“Storage Space”). The monthly rental rate Commencing on the Lease Commencement Date, Tenant shall pay the annual rent for the such Storage Space (the "MONTHLY STORAGE RENT"set forth in Section 1.5(b) shall be One Dollar and NO/100 ($1.00) per rentable square foot per month of the hereof. The annual rent payable for such Storage Space. Such Monthly Storage Rent Space shall be payable in equal monthly installments in advance on the first day of each month month. Except as otherwise specified in advance during this Section, all of the Lease Term at the same time terms, covenants, conditions and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 provisions of this Lease for unpaid Rent. Tenant's Proportionate Share Lease, except those contained in Section 5.1 and Exhibit B, shall not be increased as a result of Tenant leasing apply to such Storage Space. Except to Landlord shall, at Landlord’s expense, partition the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use perimeter boundaries of the Storage Space with wire mesh, and provide lighting and a wire mesh door, with building standard lock set (keyed for Tenant’s use only), and fit out the Storage Space as required by Law (including sprinklers), but Landlord shall not be obligated to provide any other alterations or access areas improvements to the or for such Storage Space. In addition, Tenant hereby agrees Landlord shall not be obligated to indemnify, defend, protect and hold Landlord harmless from and against furnish any loss, cost, damage, liability, expense, claim, action utilities or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the services to such Storage Space or access areas to except for electricity reasonably sufficient for lighting the Storage Space. Tenant agrees not to shall use any such Storage Space exclusively for storage purposes consistent with a first-class office building and for no other use or purpose and otherwise in accordance with this Lease (and in no event shall employees of Tenant or other persons occupy or work from such Storage Space). Furthermore, in no event shall Tenant store any flammable food, food products or highly combustible other materials that may attract rodents or other pests in the Storage Space. Landlord shall have the right to change the location and configuration of the Storage Space from time to time, provided that: (i) Landlord shall provide Tenant also agrees with substitute space of similar nature and size elsewhere in the Building, which will not be any less than approximately 1,000 square feet (the “Substitute Storage Space”), (ii) Landlord shall provide Tenant no less than thirty (30) days advance written notice of the date Tenant must vacate the existing Storage Space, (iii) Landlord shall cause, at Landlord’s sole cost (and not as an Operating Expense) to store excess or highly concentrated waste be fit-out and constructed in substantially the same condition as the initial Storage Space, (iv) in no event will Tenant’s rent for the Storage Space increase, and (v) Landlord shall, at Landlord’s expense, move the items stored in the Storage Space to the Substitute Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Upon Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid’s request, Tenant shall accept promptly execute a reasonably acceptable amendment to the Lease identifying the Substitute Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expenseSpace.
Appears in 1 contract
Storage Space. A. Landlord shall lease to Tenant shall have the right, upon written request up to ------------- Landlord, to rent 1,500 square feet of storage space up to 1,000 rentable square feet at the Project (the "STORAGE SPACEStorage Space"). The monthly Storage Space rental rate for per square foot of the Storage Space (the "MONTHLY STORAGE RENTStorage Space Rental") shall be One Dollar and NO/100 Sixteen Dollars ($1.0016.00) per rentable usable square foot per month of for the first year after the Commencement Date and shall thereafter be adjusted from time to time by Landlord to reflect market rates. Storage Space. Such Monthly Storage Rent Space Rental shall be payable in advance on or before the first day of each month in advance of the Storage Term. Any initial or final month shall be prorated. The Lease Term for the Storage Space shall be coterminous with the Term of the Premises, provided that Tenant shall have the right to terminate the term of the Storage Space lease upon thirty (30) days' prior written notice to Landlord at any time during the Lease Term at the same time and in the same manner as Monthly Basic Rental Term. The Storage Space shall be used by Tenant for the Premisesstorage of furniture, equipment, inventory or other non- perishable items normally used in Tenant's business (exclusive of any items or materials which may be deemed to be hazardous to the environment or hazardous to human life or safety), and for no other purpose whatsoever. In Tenant agrees to keep the even the Monthly Storage Rent is not paid when dueSpace in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. Landlord shall have the same rights as provided in Article 20 right to designate the location within the Storage Space of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder items to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere placed therein. All items stored in the Storage Space shall be elevated at least six inches above the floor on wooden pallets, and shall be at least eighteen inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or that it or its agents, employees, principals, inviteeswhich otherwise may create a hazardous condition, or licensees which may suffer as increase Landlord's insurance rates, or cause a direct cancellation or indirect consequence modification of TenantLandlord's lease of insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord's prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space or access areas from time to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expensetime.
Appears in 1 contract
Storage Space. Tenant has the option to lease from Landlord, for a term coterminous with this Lease, approximately 513 rentable square feet of storage space in the Building known as Spaces H (91 square feet), I (130 square feet), and D (292 square feet) in three (3) separate locations as shown on Exhibit K to this Lease (the “Storage Space”) for the purpose of general office storage use and for no other purpose. Tenant shall pay as Additional Rent for the Storage Space the amount of $1.00 per square foot per month, (with such amount increasing by three percent (3%) each Lease Year). Such rent shall be payable on or before the first (1st) day of each month during the Term in the manner set forth in this Lease. Tenant shall not permit the use or occupancy of the Storage Space by any person or entity other than Tenant, its agents or employees. Tenant hereby accepts the Storage Space in its “AS IS” broom clean condition and agrees that Landlord shall have no obligation to make any improvements to the Storage Space. Either Tenant or Landlord shall have the right to terminate the lease of the Storage Space upon thirty (30) days prior written notice to Landlord in the case of termination by Tenant and ninety (90) days prior written notice to Tenant in the case of termination by Landlord. Tenant shall have the right, upon written request to ------------- Landlord, to rent storage space up to 1,000 rentable square feet at option of terminating the Project (the "STORAGE SPACE"). The monthly rental rate for lease of the Storage Space as to any of the three (3) locations without terminating the "MONTHLY STORAGE RENT") lease of all such locations. The lease of the Storage Space shall be One Dollar governed by all of the other terms and NO/100 ($1.00) per conditions of the Lease including, but not limited to, the indemnity and insurance provisions set forth in Paragraphs 9A. and 8 respectively, except as otherwise set forth in this Paragraph 31 A and except that the square footage of the Storage Space shall not be used in calculating Base Rent for the Premises, Additional Rent, or any Tenant Improvement Allowance hereunder or any other calculation based upon the rentable square foot per month footage of the Premises. Tenant hereby agrees to provide Landlord with a certificate evidencing insurance coverage of the Storage Space prior to Tenant’s occupancy of the Storage Space. Such Monthly Storage Rent shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental Landlord will provide utilities for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except lighting to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expense.
Appears in 1 contract
Sources: Office Lease (TRX Inc/Ga)
Storage Space. During the Lease Term, Tenant shall have the right, upon written request right to ------------- Landlord, to rent lease certain storage space up to 1,000 in the Project known as Storage Space #ST100, containing approximately 5,000 rentable square feet at the Project of space (the "STORAGE SPACEStorage Space"). The monthly Tenant shall pay a storage space rental rate for in the Storage Space (the "MONTHLY STORAGE RENT") shall be One Dollar and NO/100 (amount of $1.00) 0.50 per rentable square foot per month of (i.e., $2,500.00 per month, based upon the Storage Space. Such Monthly Space containing 5,000 rentable square feet) ("Storage Rent shall be Space Rental"), payable in equal monthly installments in advance on or before the first day of each month in advance during of the Lease Term at the same time and in the same manner as Monthly Basic Term. Storage Space Rental for the Premises. In the even the Monthly Storage is deemed Additional Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease.
29.41.1 The Storage Space shall be used by Tenant for the storage of furniture, equipment, inventory or other non-perishable items normally used in Tenant's business (ii) exclusive of any items or materials which may be deemed to be hazardous to the negligence environment or willful misconduct of Landlord hazardous to human life or any of its agentssafety), employeesand for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, contractors, file cabinets or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere other suitable containers. All items stored in the Storage Space shall be at least eighteen inches (18") below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or that it or its agents, employees, principals, inviteeswhich otherwise may create a hazardous condition, or licensees which may suffer as increase Landlord's insurance rates, or cause a direct cancellation or indirect consequence modification of Tenant's lease of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space or access areas from time to time.
29.41.2 All terms and provisions of this Lease shall be applicable to the Storage Space. In addition, including, without limitation, provisions with respect to indemnity and insurance, except that Landlord need not supply air-cooling, heat, water, janitorial service, cleaning, window washing or electricity to the Storage Space and Tenant shall not be entitled to any work allowances, rent credits, expansion rights or renewal rights with respect to the Storage Space.
29.41.3 Tenant agrees to accept the Storage Space in its "AS-IS" and "WHERE-IS" condition existing on the Lease Commencement Date.
29.41.4 Landlord shall have the right one time during the Term of this Lease, upon not less than thirty (30) days' prior written notice to Tenant, to relocate the Storage Space to another storage location in the Building; provided that the size of the relocated Storage Space is not less than the size of the initial Storage Space, Landlord pays all reasonable third-party costs to move Tenant's effects to the new Storage Space (not to exceed $5,000.00), and notwithstanding that the relocated Storage Space may be larger than the initial Storage Space, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause shall pay Storage Space Rental based on the square footage of action of any third party, whether foreseeable or the initial Storage Space.
29.41.5 Tenant shall not, resulting as a direct without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or indirect consequence delayed), assign, sublease, transfer or encumber the Storage Space or grant any license, concession or other right of Tenant's lease occupancy or permit the use of the Storage Space by any party other than Original Tenant or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twentya Non-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expenseTransferee Assignee.
Appears in 1 contract
Storage Space. Tenant shall have 4.1 During the right, upon written request to ------------- Landlord, to rent storage space up to 1,000 rentable square feet at the Project (the "STORAGE SPACE"). The monthly rental rate Storage Space Rental Term and for the Storage Space Fee (the "MONTHLY STORAGE RENT"as such terms are defined herein), Landlord hereby agrees to provide to Tenant, and Tenant hereby accepts from Landlord no less than seven hundred (700) shall be One Dollar and NO/100 ($1.00) per rentable square foot per month feet of the Storage Space. Such Monthly Storage Rent shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such “Storage Space. Except ” means space on premises owned or leased by Landlord, comparable in size and condition to the extent any lossFirst Refusal Space (as defined below) or otherwise acceptable to Tenant in its sole and absolute discretion, costsreasonably accessible by Tenant, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractorscontractors and representatives, or licenseesaccessible by fork-lift for freight-loading and unloading, Tenant hereby absolves Landlord from any and all losslocated within five hundred (500) yards of the Building. Subject to the foregoing, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use exact location of the Storage Space or access areas to the Storage Space. In addition, is at Landlord’s sole discretion and may be in an area in which property of others is located and not walled off from Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Spacestored property. Tenant agrees not to store any flammable or highly combustible materials in shall have the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees right to use the Storage Space solely for warehouse and storage purposes and not as office spaceuse. Tenant agrees that Landlord and its agents may enter and inspect Access to the Storage Space and shall require accompaniment by someone from SVTC facilities or security staff but access shall be available at all times. Storage Space may not be used to perform work of any goods kind other than the loading, unloading, storage or inventorying of stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice property. Notwithstanding anything to the contrary set forth herein, if Landlord is unable to provide Storage Space to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. reason during the Storage Space Rental Term, Landlord shall deliver use reasonable efforts to provide Tenant with no less than thirty (30) days written notice of such unavailability, this Lease shall terminate solely with respect to the Storage Space as a condition suitable for of the storage of files. Except as aforesaiddate immediately preceding the date that such Storage Space is unavailable, Tenant shall accept have no further obligation to pay the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval Fee (which approval shall not be unreasonably withheld or delayeddefined below), maintain and repair Tenant shall have the right to deduct the Storage Space at Fee from the Rent for the remainder of the Term. If this Lease is terminated with respect to the Storage Space pursuant to the immediately preceding sentence, Landlord shall from time to time immediately notify Tenant in writing of the availability of any Storage Space in any building owned or leased by Landlord of which it becomes aware, and Tenant shall have the right in its sole cost and expenseabsolute discretion to elect to lease such space from Landlord for the Storage Space Fee (or the prorata portion thereof).
Appears in 1 contract
Sources: Lease Agreement (PDF Solutions Inc)
Storage Space. Effective as of the Second Floor Commencement Date, Landlord hereby leases to Tenant shall have the right, upon written request to ------------- Landlord, to rent storage certain additional space up to containing approximately 1,000 rentable square feet at in such areas as more particularly designated on Schedule ▇- ▇ ▇▇▇▇▇▇▇▇ hereto. In addition, Landlord hereby grants to Tenant the right to lease certain additional storage space in such areas of the Project as are designated for storage by Landlord on a first-come, first-served basis (the initial storage space and additional storage space leased to Tenant by Landlord, if any, are collectively the "STORAGE SPACEStorage Space"). The monthly Tenant may exercise its option to lease additional Storage Space from time to time throughout the term of the Lease by giving written notice to Landlord of its desire to lease the same, which notice shall be conditioned upon the availability of the desired space. Tenant shall pay Landlord an annual rental rate for the Storage Space (the "MONTHLY STORAGE RENTStorage Rent") shall be One Dollar and NO/100 (equal to $1.00) 10.25 per rentable square foot per month of GLA of the Storage Space, adjusted annually at the rate of 2 1/2% per annum. Such Monthly The Lease Years for Storage Rent Space shall be payable on the first day of each month in advance during concurrent with the Lease Term at the same time and in the same manner as Monthly Basic Rental Years for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord No janitorial or trash removal services shall have the same rights as be provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas to the Storage Space. In additionNo other charges shall be applied, as Additional Rent or otherwise, to the Storage Space, except for charges incurred by Landlord in enforcing its rights relating to the Storage Space under this Lease, in accordance with the terms of this Lease. The Tenant hereby agrees shall have the option, exercisable at any time during the Term, to indemnifycancel its lease of the Storage Space, defendupon thirty (30) days' prior written notice to the Landlord. Except as provided in this Section 2.1(b), protect the terms and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence conditions of Tenant's lease or use occupancy of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereofas set forth in this Lease. Tenant agrees to use The Storage Space shall be leased in its absolute "AS IS" condition. There shall also be no core factor for the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect (i.e., the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice usable areas shall be equal to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayedrentable area), maintain and repair the Storage Space at its sole cost and expense.
Appears in 1 contract
Storage Space. A. From and after the Rent Commencement Date, Tenant shall have the right, upon written request subject to ------------- Landlordthe terms and conditions of this Section VI, to rent lease the storage and auxiliary spaces identified on Schedule E-1 attached hereto and made a part hereof (the “Storage Space”). Landlord may prepare and Tenant will execute a separate storage space up agreement that is consistent with the terms of this Section VI and otherwise mutually acceptable to 1,000 Landlord and Tenant. Tenant will pay rent for the Storage Space at an annual rate of Twelve and 00/100 Dollars ($12.00) per rentable square feet at the Project (the "STORAGE SPACE"). The monthly rental rate for foot of the Storage Space (the "MONTHLY STORAGE RENT") “Storage Space Rent”), except Tenant shall be One Dollar and NO/100 have no obligation to pay Landlord any rent for the use of the space in the MPOP (as defined below). The Storage Space Rent shall increase at a rate of Twenty-Five Cents ($1.000.25) per rentable square foot per month year on the first anniversary of the Rent Commencement Date and each subsequent anniversary thereafter (or, if a separate storage space agreement is entered into, on the first anniversary of the commencement date of the separate storage space agreement and each subsequent anniversary thereafter). The Storage Space. Such Monthly Storage Space Rent shall be payable on the first day of each month in advance during the Lease Term monthly installments at the same time times and in the same manner as Monthly Basic Rental the payment of Rent under the Lease. The Storage Space will be leased to and accepted by Tenant in its current “as is”, “as-built” condition, without any obligation by Landlord to make any modifications or improvements to the Storage Space.
B. The Storage Rooms (as defined on Schedule E-1) shall be used by Tenant for the Premisesstorage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. In Tenant agrees to keep the even Storage Rooms in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Monthly Storage Rooms shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Rooms, if any. Tenant shall not store anything in the Storage Rooms which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Rooms from time to time. Upon expiration or earlier termination of the Term of this Lease, Tenant shall completely vacate and surrender the Storage Rooms to Landlord in the condition that existed on the Effective Date, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant. Tenant’s sole access to Storage Room 3103A is through storage spaces 3103 and 3151, which Landlord leases to U.S. Bank. Landlord has been advised that Tenant intends to continue to access Storage ▇▇▇▇ ▇▇▇▇▇ through storage spaces 3103 and 3151 during the Term of this Lease and any extension thereof subject to the consent of U.S. Bank. Tenant acknowledges and agrees that Landlord will have no liability to Tenant in the event U.S. Bank restricts or prevents Tenant’s access to or use of Storage ▇▇▇▇ ▇▇▇▇▇. If U.S Bank restricts or prevents Tenant’s access to or use of Storage ▇▇▇▇ ▇▇▇▇▇, on not less than thirty (30) days written notice to Landlord, this Lease shall be terminated with respect to Storage ▇▇▇▇ ▇▇▇▇▇.
C. All terms and provisions of the Lease shall be applicable to the Storage Rooms, including, without limitation, Article XIV (Indemnity and Waiver of Claims) and Article XV (Tenant’s Insurance), except that, with respect to the Storage Rooms, Tenant shall not be obligated to pay any Rent (except as provided in Paragraph A of this Section VI), Landlord need not supply air-cooling, heat, water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Rooms and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Rooms. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Rooms, it being understood that Tenant is using the Storage Rooms at its own risk. The Storage Rooms shall not paid when duebe included in the determination of Tenant’s Pro Rata Share under the Lease nor shall Tenant be required to pay Expenses in connection with the Storage Rooms.
D. At any time and from time to time, Landlord shall have the same rights right, on not less than sixty (60) days prior written notice to Tenant, to relocate the Storage Rooms to a new location in the Building which shall be no smaller than the square footage of the Storage Rooms. Landlord shall pay the direct, out-of-pocket, expenses of such relocation.
E. With respect to the Auxiliary Rooms (as defined on Schedule E-1), Landlord shall deliver the Auxiliary Rooms in their current “as is” condition and configuration, which shall include the levels and capacities of power, cooling and other mechanical equipment which are allocated to or used by Tenant as of the Effective Date. All terms and provisions of this Lease shall be applicable to the Auxiliary Rooms, including, without limitation, Article XIV (Indemnity and Waiver of Claims) and Article XV (Tenant’s Insurance), except that Tenant shall not be obligated to pay any Rent (except as provided in Article 20 Paragraph A of this Section VI) and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Auxiliary Rooms. Tenant may also use the Auxiliary Rooms for storage space purposes and/or such other installations relating to Tenant’s use of the Premises in compliance with the terms of the Lease. Without limitation to the other requirements of the Lease, Landlord and Tenant acknowledge and agree that (a) as of June 1, 2014, the major point of presence room located on Floor Parking Level One (P1) of the Building (the “MPOP”) shall be included in the definition of Common Areas, (b) Tenant’s right to use space in the MPOP are non-exclusive and in common with Landlord and other Building occupants, and (c) Tenant may use space in the MPOP for the purpose of maintaining, operating and replacing, from time to time, telephone, data, cabling, hubs (including a fiber optics hub), switches, and other telecommunications items and equipment; provided, however, Tenant shall not have the right to install any additional equipment or expand the existing equipment in the MPOP (collectively, “Communications Equipment”). Tenant acknowledges that the Communications Equipment in the MPOP is not secured and Landlord shall have no liability to cause the Communications Equipment to be secured or for any damage to or tampering with any of the Communications Equipment. Further, Tenant also has certain Communications Equipment located in storage room P1B01 (the “APOP Room”) which Landlord leases to U.S. Bank. Landlord has been advised that Tenant intends to use space in APOP room during the Term of this Lease for unpaid Rentand any extensions thereof subject to the consent of U.S. Bank. Tenant acknowledges and agrees that Landlord will have no liability to Tenant in the event U.S. Bank restricts or prevents Tenant's Proportionate Share ’s access to or use of the APOP Room. The Auxiliary Rooms shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord included in the observance or performance determination of Tenant’s Pro Rata Share under this Lease nor shall Tenant be required to pay Expenses in connection with the Auxiliary Rooms.
F. At any time during the Term, Tenant may surrender any of the terms, covenants Storage Spaces to Landlord in accordance with the terms of this Lease on not less than thirty (30) days prior written notice to Landlord.
G. If Tenant assigns the Lease or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord sublets all or any part of the Premises (other than in connection with a Permitted Transfer, as defined in Article XII of the Lease or to an Approved User), Landlord, at its agentsoption, employeeson thirty (30) days notice to Tenant, contractorsmay terminate Tenant’s rights to a that percentage of the Storage Rooms that is equal to the percentage of the Premises that is sublet (rounded to the nearest 25th percent). Additionally, notwithstanding anything set forth in Article XII of the Lease to the contrary, except in connection with a Permitted Transfer, Approved User or licenseesother Transfer approved by Landlord, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or shall not, from any cause whatsoeverwithout the prior written consent of Landlord, that Tenant which consent may suffer to its personal property located anywhere be withheld in Landlord’s sole discretion, assign, sublease, transfer or encumber the Storage Space Rooms or that it grant any license, concession or its agents, employees, principals, invitees, other right of occupancy or licensees may suffer as a direct or indirect consequence of Tenant's lease of or permit the use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against by any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of party other than Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expense.Exhibit E – Page 15
Appears in 1 contract
Storage Space. 37.1. Subject to the provisions of this Article 37 and the provisions of Articles 11, 15, 16, and 25 of this Lease, Landlord hereby leases to Tenant shall have the right, upon written request to ------------- Landlord, to rent approximately 400 RSF of storage space up (“Storage Space”) on the Concourse Level of the Building in the approximate location as depicted on Exhibit “H”.
37.2. Tenant’s right to 1,000 rentable square feet at use the Project Storage Space will commence on the Commencement Date and terminate on the earlier of (i) 30 days’ prior written notice terminating Tenant’s lease of the "STORAGE SPACE")Storage Space from either Landlord or Tenant to the other, or (ii) the expiration or earlier termination of the Term of this Lease.
37.3. The During the Term, monthly rental rate rent for the Storage Space (the "MONTHLY STORAGE RENT") shall will be One Dollar and NO/100 $500.00 ($1.0015.00 per RSF) per rentable square foot per month of the (“Storage Space. Such Monthly Storage Rent shall Space Rent”), which will be payable in advance, without notice, on the first day of each month in advance during the Lease Term Term, at the same time place and in the same manner as Monthly Basic Rental the payment of Fixed Rent.
37.4. Tenant agrees to pay monthly, as Additional Rent, for electricity service usage by Tenant in the Storage Space, the cost of which is initially estimated to be $1.75 per RSF (per annum).
37.5. Tenant will use the Storage Space only for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 storage and use of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except ’s compressor unit and vacuum system subject to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried compliance by Tenant and is caused by with the following conditions: (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere no noise in the Storage Space which, in the reasonable judgment of Landlord, might disturb other tenants or that it occupants of the Building will be made or its agentspermitted by Tenant, employees, principals, invitees, (ii) nothing will be done or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of permitted in the Storage Space by Tenant which would impair or access areas to interfere with the Storage Space. In additionuse or enjoyment of other portions of the Building by any tenant or occupant thereof, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence (iii) the use of Tenant's lease or use of ’s compressor in the Storage Space or access areas to the Storage Spacewill be permitted by, and will be in compliance with, all applicable Laws. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to will use the Storage Space solely for storage purposes in a careful, safe and not as office space. Tenant agrees that Landlord proper manner and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shallinstall, at its sole cost and expense, deliver any sound attenuation measures required to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver ensure that no noise will emanate from the Storage Space which might disturb other tenants or occupants of the Building. Tenant will not overload the floor of the Storage Space and agrees to be fully liable for any damages or losses sustained by Landlord as a condition suitable result of any overloading by Tenant. Tenant will pay Landlord on demand for any damage to the Storage Space caused by misuse or abuse by Tenant, its agent or employees, or any other person entering the Storage Space under express or implied invitation of Tenant. Tenant will not utilize or permit the Storage Space to be used for any purposes prohibited by any applicable Laws. Tenant will not commit waste nor permit waste to be committed nor permit any nuisance in the Storage Space.
37.6. Landlord will provide a lock and key for the storage of files. Except as aforesaidStorage Space; however, Tenant shall agrees that all property of Tenant kept, stored, or used in the Storage Space will be at the sole risk of Tenant and that Landlord will not be liable for any injury or damage to such property. Tenant will carry and maintain, at Tenant’s expense, insurance covering all property and equipment stored, used, or both in the Storage Space. On the Commencement Date Tenant will accept the Storage Space in its then “as-is” condition, without any warranties further improvement by Landlord. Landlord makes no warranty or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair representation that the Storage Space at will be suitable for any particular purpose.
37.7. Tenant will not sublease all or a portion of the Storage Space or assign its sole cost right to Lease the Storage Space.
37.8. Landlord reserves the right to relocate the Storage Space to substantially comparable space in the Building in close proximity to the Premises provided that the ability of the central utility delivery systems can deliver “product”, e.g., nitrogen gas, compressed air, to Tenant’s laboratory is unaffected by any relocation. Landlord will give Tenant a written notice of its intention to relocate the Storage Space and expensein such event Tenant will complete a relocation within 30 days after receipt of written notice. Landlord agrees to reimburse Tenant for its actual reasonable moving costs to such other storage space within the Building.
Appears in 1 contract
Storage Space. (a) Effective as of the Extended Term Commencement Date, Tenant shall lease the Additional Storage Space, and the term the “Storage Space”, as defined in the Original Lease, shall include the Existing Storage Space and the Additional Storage Space containing 2,051 square feet in the aggregate. The Additional Storage Space is subject to all the terms and conditions of the Amended Lease with respect to the Existing Storage Space.
(b) So long as Tenant does not interfere with the completion of any work required to be performed by Landlord (including the Landlord’s Work), Landlord shall use reasonable efforts to give Tenant access to the Additional Storage Space for approximately four (4) months prior to the Extended Term Commencement Date (the "Early Access Period") for storage purposes, as provided in Section 31.24 of the Original Lease. Tenant shall fully cooperate with Landlord and ▇▇▇▇▇▇▇▇'s contractor during the Early Access Period so as not to interfere with Landlord’s completion of the Landlord’s Work and any other work required to be performed by Landlord. Tenant’s access to the Additional Storage Space shall be subject to all of the terms and conditions of the Amended Lease, except that Tenant will not be obligated to pay Storage Space Rental for the Additional Storage Space during the Early Access Period. If Tenant fails to cooperate with Landlord and/or Landlord’s contractor during the Early Access Period and/or if Tenant interferes with Landlord’s completion of the Landlord’s Work, Landlord shall have the right, upon written request to ------------- Landlordin its sole option, to rent rescind Tenant’s access to the Additional Storage Space until the Extended Term Commencement Date and/or to deem such interference a Tenant Delay.
(c) ▇▇▇▇▇▇’s leasing of the Existing Storage Space is hereby extended such that it shall expire as of the Extended Term Expiration Date. The Term of Tenant’s leasing of the Additional Storage Space shall be coterminous with Tenant’s leasing of the Existing Storage Space and the Premises, as the same may be extended.
(d) Landlord shall have no obligation whatsoever to improve the Additional Storage Space and the Existing Storage Space or to otherwise fund any improvements to the Additional Storage Space and the Existing Storage Space, and Tenant hereby accepts the Additional Storage Space and the Existing Storage Space in their current AS-IS condition with the exception of that certain storage space up work (if applicable) detailed on the plans and specifications attached hereto as Exhibit B.
(e) Tenant shall pay the following Storage Space Rental with respect to 1,000 rentable square feet at the Project (the "STORAGE SPACE"). The monthly rental rate for the Storage Space (i.e., the "MONTHLY STORAGE RENT") shall be One Dollar combined Existing Storage Space and NO/100 ($1.00) per rentable square foot per month of the Additional Storage Space. Such ): Period of Extended Term Monthly Storage Rent Space Rental 12/1/23 – 11/30/24 $3,076.50 12/1/24 – 11/30/25 $3,168.80 12/1/25 – 11/30/26 $3,263.86 12/1/26 – 11/30/27 $3,361.77 12/1/27 – 11/30/28 $3,462.63 12/1/28 – 3/31/29 $3,566.51 All such Storage Space Rental shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in accordance with the observance or performance of any terms of the terms, covenants or conditions to be observed or performed by Landlord under this Amended Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expense.
Appears in 1 contract
Sources: Multi Tenant Office Lease
Storage Space. a. Landlord shall provide Tenant shall have with a license to use space (“Storage Space”) for the right, upon written request to ------------- Landlord, to rent storage space up to 1,000 rentable square feet at the Project of Tenant’s furniture and equipment for a time period (the "STORAGE SPACE")“Storage Space Period”) beginning upon the date of surrender of the 1380 Willow Premises (other than the 1380 Datacenter) ________________________ *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. The monthly rental rate for Confidential treatment has been requested with respect to the omitted portions. and ending upon the earliest to occur of (i) September 30, 2017, (ii) the date that Tenant informs Landlord it no longer requires the Storage Space and (iii) the date that all of the Leases are terminated due to Tenant’s default. The initial Storage Space shall be the 1180 ▇▇▇▇▇▇▇▇ Premises. Within a reasonable period prior to Tenant’s surrender of the 1003-1005 ▇▇▇▇▇▇▇▇ Premises, additional storage space (the "MONTHLY STORAGE RENT"“Additional Storage Space”) to be designated by Landlord shall be One Dollar added to the Storage Space for the storage of Tenant’s furniture and NO/100 equipment located in the 1003-1005 ▇▇▇▇▇▇▇▇ Premises. The Additional Storage Space shall consist of at least 11,000 square feet of warehouse space and may be at a location other than the Industrial Center ($1.00so long as it is within a five (5) per rentable square foot per month mile radius of the Industrial Center) and shall be available through the end of the Storage Space Period. Landlord may designate alternative Storage Space within a five (5) mile radius of the Industrial Center (the “Relocated Storage Space. Such Monthly Storage Rent shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent ”) that is not paid when due, smaller than the Storage Space from time to time upon sixty (60) days’ notice to Tenant. Landlord shall have reimburse Tenant for all of the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of actual out-of-pocket costs reasonably incurred by Tenant leasing such to move its furniture and equipment (i) from the 1380 Willow Premises and the 1003-1005 ▇▇▇▇▇▇▇▇ Premises to the Storage Space and (ii) from the Storage Space to any Relocated Storage Space. ; provided that all such costs must be approved by Landlord in writing prior to the commencement of any moving work.
b. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance gross active or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the gross passive negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licenseesLandlord Entity, Tenant hereby absolves shall protect, defend, indemnify, and hold Landlord and Landlord Entities harmless from and against any and all loss, costclaims, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere costs (including court costs and reasonable attorneys’ fees) incurred in connection with the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas to the (and Additional Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect if applicable) and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence movement of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes ’s furniture and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expenseequipment.
Appears in 1 contract
Sources: Lease Amendment Agreement (Pacific Biosciences of California, Inc.)
Storage Space. 32.1 Upon completion of the Building design, and following the determination by Landlord of the location and amount of storage space to be available in any below-grade levels of the Building, Landlord shall give written notice to Tenant (the “Storage Availability Notice”) of the size and location of all storage space in the Building. By written notice delivered to Landlord not later than twenty (20) days after Landlord gives Tenant the Storage Availability Notice, Tenant shall have the rightright to elect to lease from Landlord during the Lease Term, upon written request up to ------------- Landlord, to rent the greater of (i) fifty percent (50%) of the storage space up to 1,000 rentable in the Building as specified in the Storage Availability Notice, or (ii) fifteen hundred (1,500) square feet at of storage space, the Project location and configuration of which shall be designated in an amendment to this Lease (the "STORAGE SPACE"“Storage Spacey”). The monthly rental rate If Tenant timely elects to lease the Storage Space, then the following provisions of this Article shall apply. Commencing on the Lease Commencement Date, Tenant shall pay annual Base Rent for such Storage Space in an amount equal to Twenty Dollars ($20.00) multiplied by the total number of square feet of area in such Storage Space (the "MONTHLY STORAGE RENT") shall be One Dollar and NO/100 ($1.00) per rentable square foot per month “Storage Space Rent”). Beginning on the first day of the Storage Space. Such Monthly Storage Rent shall be payable second (2nd) Lease Year, and on the first day of each month and every Lease Year thereafter, such annual Storage Space Rent shall be increased by an amount equal to two and one-half percent (2.5%) of the annual Storage Space Rent in effect during the immediately preceding Lease Year. The annual Storage Space Rent shall be payable in equal monthly installments in advance during on the Lease Term at first day of each month. Except as otherwise specified herein, all of the same time terms, covenants, conditions and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due, Landlord shall have the same rights as provided in Article 20 provisions of this Lease for unpaid Rent. Tenant's Proportionate Share Lease, except those contained in Section 4.1 and Exhibit B, shall not be increased as a result of Tenant leasing apply to such Storage Space. Except to Landlord shall, at Landlord’s expense, partition the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use perimeter boundaries of the Storage Space Space, and provide lighting and a door, frame and hardware with building standard lock set (keyed for Tenant’s use only), but Landlord shall not be obligated to provide any other alterations or access areas improvements to the or for such Storage Space. In addition, Tenant hereby agrees Landlord shall not be obligated to indemnify, defend, protect and hold Landlord harmless from and against furnish any loss, cost, damage, liability, expense, claim, action utilities or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the services to such Storage Space or access areas to except for electricity reasonably sufficient for lighting the Storage Space. Tenant agrees not to shall use any such Storage Space exclusively for storage purposes consistent with a Class A office building and for no other use or purpose and otherwise in accordance with this Lease (and in no event shall employees of Tenant or other persons occupy or work from such Storage Space). Furthermore, in no event shall Tenant store any flammable materials that may attract rodents or highly combustible materials other pests in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expense.
Appears in 1 contract
Storage Space. (i) Tenant shall have the rightOption to lease, upon written request to ------------- Landlordon the terms of this Section 9(c), to rent storage space up to 1,000 rentable square feet at on the Project Basement floor of the Building which storage space (the "STORAGE SPACE"“Storage Space”) shall be identified in accordance with this Section 9(c), for a term (the “Storage Term”) that is coterminous with the Term, unless earlier terminated. If Tenant wishes to lease storage space, Tenant shall so inform Landlord in writing, and within thirty (30) days thereafter, Landlord shall inform Tenant in writing of the location and configuration of storage space, if any, which is then available for Tenant’s use (the “Storage Space Availability Notice”). Within thirty (30) days after receipt of the Storage Space Availability Notice, Tenant may by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or all of the storage space offered in the Storage Space Availability Notice, as specified by Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space shall be leased on the terms of this Section 9(c) for a term commencing on the date specified in the Storage Space Exercise Notice. Tenant shall have the right to terminate its lease of the Storage Space (or discreet portions thereof) upon thirty (30) days’ notice to Landlord.
(ii) The monthly rental rate Storage Space shall will be delivered in its “as-is” condition and be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
(iii) Tenant shall pay Rent for the Storage Space (“Storage Rent”) at a rental rate, throughout the "MONTHLY STORAGE RENT") shall be One Dollar and NO/100 ($1.00) Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance on or before the first day of each month. Any partial month of the Storage Spaceshall be appropriately prorated. Such Monthly All Storage Rent shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage that Base Rent is payable hereunder.
(iv) Except as otherwise provided herein, all terms and provisions of the Lease shall be applicable to the Storage Space, except that Landlord need not paid when duesupply air-cooling, Landlord shall have heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share Storage Space and Tenant shall not be increased as a result of Tenant leasing entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Except Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk, except to the extent any loss, costs, damage, expense loss or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) results from the negligence or willful misconduct of Landlord or any of its agents, employees, contractorsagents or contractors (and in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or licenseesProperty Taxes in connection with the Storage Space.
(v) At any time and from time to time, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer shall have the right to its personal property located anywhere in relocate the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as to a direct or indirect consequence of Tenant's lease of or use new location which shall be no smaller than the square footage of the Storage Space and no less accessible or access areas to usable than the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver pay the Storage Space as a condition suitable for the storage direct, out-of-pocket, reasonable expenses of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expensesuch relocation.
Appears in 1 contract
Storage Space. At Tenant's request and to the extent available (as determined by Landlord in its sole discretion), in addition to the office portion of the Premises, Landlord shall lease to Tenant storage space (the "Storage Space") of a size and in an area in the Building designated by Landlord and reasonably acceptable to Tenant. Landlord shall have the right, upon by delivery of 60 days prior written request to ------------- Landlordnotice, to rent relocate Tenant's Storage Space to other storage space up in the Building of comparable size, utility and access to 1,000 rentable square feet at the Project (the "STORAGE SPACE")original Storage Space. The monthly rental rate for If Tenant leases the Storage Space (from Landlord, the "MONTHLY STORAGE RENT") Storage Space shall be One Dollar and NO/100 ($1.00) per rentable square foot per month constitute part of the Storage Space. Such Monthly Storage Rent shall be payable on the first day of each month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when due; provided, however, Landlord shall have the same rights as provided in Article 20 of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except obligated to the extent furnish any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder Building services with respect to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use of the Storage Space or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials other than freight elevator service in common with other tenants in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes Building on a first come, first served basis, and not as office space. Tenant agrees that Landlord Building standard electric lighting, and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations in its "as is" condition. Throughout the initial Term, Tenant shall pay Basic Rent for the Storage Space on a monthly basis at the annual rate of $20.00 per square foot, and shall alter, with Landlord's prior written approval (which approval Tenant shall not be unreasonably withheld obligated to pay Escalation Charges with respect to the Storage Space. EXHIBIT H CLEANING SPECIFICATIONS SERVICE TO TENANT AREAS FREQUENCY ----------------------- --------- Empty all waste baskets and trash containers and remove refuse to 5/week trash disposal area. Clean exterior surfaces of waste baskets and trash containers to 2/month remove any residue. Empty, clean and damp wipe all ash trays and cigarette urns. 5/week Dust all mid-range furniture, file cabinets and desktops. 5/week High dusting. 1/week Low dusting. 1/week Clean and disinfect telephones. 1/week Damp wipe sink/coffee bar areas. 5/week Spot clean all glass, polished chrome and aluminum, brass, bronze 1/week and stainless steal to remove dirt, fingerprints and smudges. Wipe all doors facing, doors, light switch and receptacle covers, 1/month walls and partitions as needed to remove dust, dirt, smudges, stains and fingerprints. Dust all wood paneling to remove dust. 4/year Vacuum all fabric-covered walls to remove dust. 4/year Vacuum all upholstered or delayedfabric-covered furniture. 1/month Damp wipe all vinyl-covered furniture. 1/month Dust and clean overhead vents to remove dust and dirt. 1/month Damp wipe door knobs. 1/week Dust Venetian blinds. 2/year Clean metal kickplates to remove dust, dirt, stains, smudges and 2/month scuff and heel marks. Vacuum high traffic carpeted areas. 5/week Detail vacuum corners, edges and under furniture. 1/month Spot clean carpets to remove spills, spots and stains. Normal wear 1/week and tear accepted. Dust mop all hard surface floors and wet wipe spots. 3/week Wet mop all hard surface floors. 1/week Polish all floor surfaces with a heavy duty commercial buffer. 1/month Refinish all floor surfaces with two coats of non-skid premium 2/years quality floor finish. FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE (this "AMENDMENT") is made as of the 8th day of September, 2004, by and between 200 WEST ▇▇▇▇▇▇▇ OWNER LLC, a Delaware limited liability company ("LANDLORD"), maintain and repair the Storage Space at its sole cost and expenseCOMPBENEFITS DENTAL AND VISION COMPANY, a Florida corporation ("TENANT").
Appears in 1 contract
Sources: Lease (Compbenefits Corp)
Storage Space. A. During the initial Term and any renewal thereof, Landlord agrees to lease to Tenant and Tenant accepts the space containing approximately (a) 800 square feet on the ground floor of the Building, (b) 400 square feet on the ground floor of the Building, and 65 square feet on the ground floor of the Building, as shown on EXHIBIT A-5 attached hereto (collectively, the "Storage Space"). However, notwithstanding the foregoing, the portion of the Storage Space described above containing approximately 400 rentable square feet shall not be leased to Tenant until such space becomes available, which is scheduled to occur on or about February 1, 2000. Further, the portion of the Storage Space containing 65 square feet described above is available for lease to Tenant only if Tenant pays Landlord the reasonable cost to install a demising wall and door to separately demise such space. In addition to the Storage Space described above, Tenant shall have the right, upon written request an option to ------------- Landlord, to rent storage space up to 1,000 rentable lease an additional approximately 800 square feet at of storage space, located on the Project ground floor of the Building as shown on EXHIBIT A-6 attached hereto (the "STORAGE SPACEOption Storage Space") when such Option Storage Space becomes available. Tenant shall exercise the foregoing option as follows: When Landlord informs Tenant that the Option Storage Space is available for lease by Tenant (but prior to leasing the Option Storage Space to any party other than the current occupant of such space or its successors or assigns), Tenant may elect to lease such space, upon the terms and conditions contained in this Section VII (in which event, the Option Storage Space shall be included within the definition of Storage Space hereunder), by providing written notice to Landlord within 7 days after Tenant's receipt of the notice from Landlord. Failure to provide such written notice to Landlord within the 7 day period shall be deemed a waiver of Tenant's option rights with respect to the Option Storage Space. The monthly rental rate Storage Space shall be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant's business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord's insurance rates, or cause a cancellation or modification of Landlord's insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord's prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of this Lease or Tenant's rights under this Section, Tenant shall completely vacate and surrender the Storage Space to Landlord in accordance with the terms of this Lease. Without limitation, Tenant shall leave the Storage Space in the condition in which it was delivered to Tenant, reasonable wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
B. Tenant shall pay rent for the Storage Space (the "MONTHLY STORAGE RENTStorage Rent") shall be One Dollar and NO/100 (in the sum of $1.00) 12.00 per rentable square foot foot, per month of the Storage Space. Such Monthly Storage Rent shall be month, payable in advance on or before the first day of each month in advance of the Term. Any partial month shall be appropriately prorated. Upon each and every anniversary of the Commencement Date during the Lease initial Term and any renewal thereof, the Storage Rent shall increase by 2%, rounded to the nearest dollar, from the rate in effect at the same time and end of the immediately preceding year. All Storage Rent is deemed Rent under this Lease. The Storage Rent shall be payable in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage that Base Rent is payable under the Lease.
C. All terms and provisions of the Lease shall be applicable to this Agreement, including, without limitation, Article XIV (Indemnity and Waiver of Claims) Article XV (Tenant's Insurance), and Article XXI (Limitation of Liability) except that Landlord need not paid when duesupply air-cooling, heat, water, janitorial service, cleaning, passenger elevator service, window washing or electricity (other than electricity for standard storage space overhead lighting) to the Storage Space and Tenant shall not be entitled to any work allowances, rent credits, expansion rights or renewal rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Other than in connection with, and to the extent of, Landlord's gross negligence and willful misconduct, Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk. Any default by Tenant under the Lease remaining uncured for a period extending beyond the expiration of any applicable cure period shall be a default under this Section VII; any default by Tenant under this Section VII shall be a default under this Lease; and the provisions of the Lease with respect to Tenant defaults shall apply to any default by Tenant hereunder. The Storage Space shall not be included in the determination of Tenant's Pro Rata Share under the Lease nor shall Tenant be required to pay Expenses or Taxes in connection with the Storage Space.
D. Tenant agrees to accept the Storage Space in its condition and "as-built" configuration existing on the earlier of the date Tenant takes possession of the Storage Space or the Commencement Date.
E. At any time and from time to time, Landlord shall have the same rights as provided in Article 20 right to relocate the Storage Space to a new location which shall be no smaller than the square footage of this Lease for unpaid Rent. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such the Storage Space. Except Landlord shall pay the direct, out-of-pocket, reasonable expenses of such relocation.
F. If Tenant assigns the Lease or sublets all or any part of the Premises other than to a Permitted Transferee (as described in Article XII of this Lease), Landlord, at its option, may cancel Tenant's rights under this Section VII effective as of 30 days after notice to Tenant. Additionally, notwithstanding anything set forth in Article XII of the Lease to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licenseescontrary, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or shall not, from any cause whatsoeverwithout the prior written consent of Landlord, that Tenant which consent may suffer to its personal property located anywhere be withheld in Landlord's sole discretion, assign, sublease, transfer or encumber the Storage Space or that it grant any license, concession or its agents, employees, principals, invitees, other right of occupancy or licensees may suffer as a direct or indirect consequence of Tenant's lease of or permit the use of the Storage Space by any party other than Tenant or access areas to the Storage Space. In addition, Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any loss, cost, damage, liability, expense, claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed), maintain and repair the Storage Space at its sole cost and expensePermitted Transferee.
Appears in 1 contract
Storage Space. In addition to the Leased Premises, Landlord agrees that Tenant may use from and after the date that the same is delivered to Tenant (the “Storage Delivery Date”), for the sole and express purpose of storage of items used in conjunction with Tenant’s business in the Leased Premises, approximately six hundred forty-eight (648) square feet of basement storage space, commonly known as Space #13200B (hereinafter “Storage Space”) in the approximate location shown on Addendum II, Schedule 1 attached hereto, in accordance with all terms of the Lease except as specifically provided herein. Tenant shall have accept the right, upon written request Storage Space in its “as is” condition. Any alterations or improvements to ------------- be performed by Tenant in the Storage Space shall be performed in accordance with plans and specifications approved in advance by Landlord, and in accordance with all applicable provisions of the Lease. Tenant may use the Storage Space throughout the Term, whereupon Tenant shall vacate and surrender the Storage Space to rent storage space up Landlord in good and broom clean condition. For all purposes under the Lease, the Storage Space shall be deemed to 1,000 rentable square feet at be a part of the Project (Leased Premises, except as otherwise provided in this Addendum. Tenant shall pay Landlord the "STORAGE SPACE"). The monthly rental rate following as Additional Rent for the Storage Space (the "MONTHLY STORAGE RENT") shall be One Dollar and NO/100 ($1.00) per rentable square foot per month of the “Storage Space. Such Space Rent”): Rent Period Annually Monthly Storage Delivery Date to 12/31/2014 $ 15,552.00 $ 1,296.00 1/01/2015 to 12/31/2015 $ 16,018.56 $ 1,334.88 1/01/2016 to 12/31/2016 $ 16,499.12 $ 1,374.93 The Storage Space Rent shall be due and payable by Tenant monthly in advance on the first day of each every calendar month in advance during the Lease Term at the same time and in the same manner as Monthly Basic Rental for the Premises. In the even the Monthly Storage Rent is not paid when dueTerm, Landlord shall have the same rights unless terminated earlier as provided in Article 20 of this Lease for unpaid Rentabove. Tenant's Proportionate Share shall not be increased as a result of Tenant leasing such Storage Space. Except to the extent any loss, costs, damage, expense or liability exceeds the coverage of liability insurance and property insurance coverage required hereunder to be carried by Tenant and is caused by (i) any default by Landlord in the observance or performance of any of the terms, covenants or conditions to be observed or performed by Landlord under this Lease, or (ii) the negligence or willful misconduct of Landlord or any of its agents, employees, contractors, or licensees, Tenant hereby absolves Landlord from any and all loss, cost, damage, expense and liability, whether foreseeable or not, from any cause whatsoever, that Tenant may suffer to its personal property located anywhere in the Storage Space or that it or its agents, employees, principals, invitees, or licensees may suffer as a direct or indirect consequence of Tenant's lease of or use The Floor Area of the Storage Space shall not, however, be included in Tenant’s Proportionate share for purposes of calculating Tax Rent or access areas to Tenant’s Share of Operating Costs, nor shall Tenant pay Minimum Rent on the Storage Space. In addition▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ THIS LEASE EXTENSION AND MODIFICATION AGREEMENT (“Agreement”) made this 27 day of February, Tenant hereby agrees to indemnify2014, defendby and between FRIT SAN ▇▇▇▇ TOWN AND COUNTRY VILLAGE, protect and hold Landlord harmless from and against any lossLLC, costa California limited liability company, damageby its managing member, liabilitySTREET RETAIL, expenseINC., claim, action or cause of action of any third party, whether foreseeable or not, resulting as a direct or indirect consequence of Tenant's lease or use of the Storage Space or access areas to the Storage Space. Tenant agrees not to store any flammable or highly combustible materials in the Storage Space. Tenant also agrees not to store excess or highly concentrated waste in the Storage Space; it shall be Tenant's responsibility to obtain from Landlord the tolerable limits thereof. Tenant agrees to use the Storage Space solely for storage purposes and not as office space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein at any time during regular business hours upon giving twenty-four Maryland corporation (24) hours prior notice to Tenant and so long as accompanied by a representative of Tenant. Tenant shall, at its sole cost and expense, deliver to Landlord a key for any locks installed by Tenant for “Landlord's emergency entrance purposes. Landlord shall deliver the Storage Space as a condition suitable for the storage of files. Except as aforesaid, Tenant shall accept the Storage Space without any warranties or representations and shall alter, with Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed”), maintain and repair the Storage Space at its sole cost and expenseSI-BONE, INC., a Delaware corporation, (“Tenant”).
Appears in 1 contract