Sublease of Subleased Premises. For the rent and upon the terms and conditions herein, Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor approximately 34,014 square feet of rentable space, which is made up of (i) the space on Xxxxx 00 consisting of approximately 33,529 square feet of rentable space, including two (2) “control zones” (the “First Floor Premises”), (ii) the acid neutralization room on Level P-2 consisting of approximately 185 square feet of rentable space (the “2010 Acid Neutralization Room”) and (iii) the chemical storage room on Level P-1 consisting of approximately 300 square feet of rentable space (the “300 SF Chemical Storage Room,” which together with the 2010 Acid Neutralization Room and the First Floor Premises is referred to herein as the “Subleased Premises”) as shown on Exhibit B attached hereto. During the term hereof, Sublessee shall have access to and use of the Subleased Premises twenty-four (24) hours a day, 7 days a week, subject to the terms of this Sublease. If Sublessor acquires the Furniture (as defined hereafter), then Sublessor also grants Sublessee the right to use those items of personal property identified on Exhibit C attached hereto and made a part hereof (the “Furniture”), together with the existing voice and data network cabling in the Subleased Premises as of the Commencement Date (as hereinafter defined), all without additional charge except as provided in the next sentence. SUBLESSOR AND SUBLESSEE ACKNOWLEDGE AND AGREE THAT SUBLESSOR WILL USE REASONABLE EFFORTS TO PURCHASE THE FURNITURE FROM ARCHEMIX, BUT THAT SAID PURCHASE WILL BE CONTINGENT ON AND SUBJECT TO SUBLESSOR AND SUBLESSEE EXECUTING A MUTUALLY SATISFACTORY LEASE AGREEMENT, WHEREBY SUBLESSEE SHALL LEASE THE FURNITURE FOR THE TERM OF THIS SUBLEASE, PURSUANT TO SUCH TERMS AND CONDITIONS AS SUBLESSOR AND SUBLESSEE SHALL MUTUALLY AGREE. In such case, Sublessee will accept possession of the Furniture and said cabling “as is, where is” and in its then-current condition, Sublessor having made no representation or warranty of any kind, express or implied (including, but not limited to, any warranty of fitness for any particular use or purpose) with respect to any of the same. If Sublessee so leases the Furniture, Sublessee shall keep the Furniture in the same condition as exists on the Commencement Date, ordinary wear and tear and damage by casualty excepted, but Sublessee shall not be required to replace any items unless replacement is required due to Sublessee’s gross negligence or willful misconduct. Sublessee shall leave the Furniture in approximately the configuration in which Sublessee accepts the Furniture on the Commencement Date, but shall have no duty to remove such Furniture or said cabling upon the expiration or earlier termination of this Sublease.
Appears in 1 contract
Sublease of Subleased Premises. For the rent and upon the terms and conditions herein, Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor approximately 34,014 10,000 square feet of rentable space, which is made up of office space located on the first floor (ithe “Office Space”) the space on Xxxxx 00 consisting of and approximately 33,529 11,550 square feet of rentable space, including two (2) “control zones” laboratory space located on the third floor (the “First Floor Premises”), (ii) the acid neutralization room on Level P-2 consisting of approximately 185 square feet of rentable space (the “2010 Acid Neutralization Room”) and (iii) the chemical storage room on Level P-1 consisting of approximately 300 square feet of rentable space (the “300 SF Chemical Storage Room,” which together with the 2010 Acid Neutralization Room and the First Floor Premises is referred to herein as the “Subleased PremisesLab Space”) as shown on Exhibit B attached heretohereto (collectively, the “Subleased Premises”). During the term hereof, Sublessee shall have access to and use of the Subleased Premises and the parking lot adjacent to the Building twenty-four (24) hours a day, 7 days a week, excluding emergency events, which may cause the Building to limit access to tenants, subject to the terms of this Sublease. If Sublessee shall have after hour access to the Building by a card key system. Upon the date on which this Sublease has been fully executed by Sublessor acquires and Sublessee and the Furniture (Prime Lessor has delivered the “Consent” as defined hereafter)hereinafter defined, then Sublessor also grants Sublessee shall have the right to use those items of personal property identified on Exhibit C attached hereto and made a part hereof (the “Furniture”), together with the existing voice and data network cabling in enter the Subleased Premises for the purposes of commencing its “Improvement Work” as of hereinafter defined, inspecting the Subleased Premises, taking measurements and preparing for the move into the Subleased Premises, including installing system furniture and lab equipment. Sublessor shall have the right to have a representative present any time such early entry right is exercised. If Sublessee enters the Subleased Premises prior to the Commencement Date (as hereinafter hereunder defined), Sublessee shall be responsible for complying with all without additional charge except as provided in the next sentence. SUBLESSOR AND SUBLESSEE ACKNOWLEDGE AND AGREE THAT SUBLESSOR WILL USE REASONABLE EFFORTS TO PURCHASE THE FURNITURE FROM ARCHEMIX, BUT THAT SAID PURCHASE WILL BE CONTINGENT ON AND SUBJECT TO SUBLESSOR AND SUBLESSEE EXECUTING A MUTUALLY SATISFACTORY LEASE AGREEMENT, WHEREBY SUBLESSEE SHALL LEASE THE FURNITURE FOR THE TERM OF THIS SUBLEASE, PURSUANT TO SUCH TERMS AND CONDITIONS AS SUBLESSOR AND SUBLESSEE SHALL MUTUALLY AGREE. In such case, Sublessee will accept possession of the Furniture and said cabling “as is, where is” and in its then-current condition, Sublessor having made no representation or warranty of any kind, express or implied (including, but not limited to, any warranty of fitness for any particular use or purpose) with respect to any of the same. If Sublessee so leases the Furniture, Sublessee shall keep the Furniture in the same condition as exists on the Commencement Date, ordinary wear and tear and damage by casualty excepted, but Sublessee shall not be required to replace any items unless replacement is required due to Sublessee’s gross negligence or willful misconduct. Sublessee shall leave the Furniture in approximately the configuration in which Sublessee accepts the Furniture on the Commencement Date, but shall have no duty to remove such Furniture or said cabling upon the expiration or earlier termination terms of this SubleaseSublease and the Prime Lease to the extent incorporated herein by reference, other than the payment of Rent (as hereunder defined).
Appears in 1 contract
Samples: Disturbance and Attornment Agreement (BG Medicine, Inc.)
Sublease of Subleased Premises. For the rent and upon the terms and conditions herein, Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor approximately 34,014 14,503 rentable square feet of rentable space, which is made up office and lab space located on the 1st floor of (i) the space on Xxxxx 00 consisting of approximately 33,529 square feet of rentable space, including two (2) “control zones” (the “First Floor Premises”), (ii) the acid neutralization room on Level P-2 consisting of approximately 185 square feet of rentable space (the “2010 Acid Neutralization Room”) and (iii) the chemical storage room on Level P-1 consisting of approximately 300 square feet of rentable space (the “300 SF Chemical Storage Room,” which together with the 2010 Acid Neutralization Room and the First Floor Premises is referred to herein as the “Subleased Premises”) Building as shown on Exhibit B attached heretohereto (the “Subleased Premises”). Sublessee acknowledges that any reference to the square footage of the Subleased Premises is an approximation. Nevertheless, the parties agree that such approximation shall be final and binding for all purposes hereunder, and that no adjustment shall be made to the Rent if the actual square footage of the Subleased Premises differs from any reference to square footage contained herein. During the term hereof, Sublessee shall have access to and use of the Subleased Premises and the parking lot(s) adjacent to the Building twenty-four (24) hours a day, 7 days a week, subject to the terms of the Prime Lease and this Sublease. If Sublessor acquires the Furniture (as defined hereafter), then Sublessor also grants Sublessee the right to use use, without additional charge during the term of this Sublease, those items of personal property identified on Exhibit C attached hereto and made a part hereof (the “Furniture”), together with the existing voice network wiring/equipment (including handsets) and data network cabling fixtures in the Subleased Premises as of the Commencement Date (as hereinafter defined), all without additional charge except as provided in the next sentenceDate. SUBLESSOR AND SUBLESSEE ACKNOWLEDGE AND AGREE THAT SUBLESSOR WILL USE REASONABLE EFFORTS TO PURCHASE THE FURNITURE FROM ARCHEMIX, BUT THAT SAID PURCHASE WILL BE CONTINGENT ON AND SUBJECT TO SUBLESSOR AND SUBLESSEE EXECUTING A MUTUALLY SATISFACTORY LEASE AGREEMENT, WHEREBY SUBLESSEE SHALL LEASE THE FURNITURE FOR THE TERM OF THIS SUBLEASE, PURSUANT TO SUCH TERMS AND CONDITIONS AS SUBLESSOR AND SUBLESSEE SHALL MUTUALLY AGREE. In such case, Sublessee will accept accepts possession of the Furniture and said cabling network wiring/equipment and fixtures “as is, where is” and in its then-their current condition, Sublessor having made no representation or warranty of any kind, express or implied (including, but not limited to, any warranty of fitness for any particular use or purpose) with respect to any of the same. If Sublessee so leases the Furniture, Sublessee shall keep the Furniture in the same condition as exists on Prior to the Commencement Date, ordinary wear Sublessee shall, upon prior notice to the Sublessor, have the right to enter the Subleased Premises for the purposes of inspecting the same, taking measurements, installing its furniture, fixtures and tear equipment, and damage by casualty excepted, but preparing for the move into the Subleased Premises. Sublessor shall have the right to have a representative present any time such early entry right is exercised. If Sublessee shall not be required enters the Subleased Premises prior to replace any items unless replacement is required due to Sublessee’s gross negligence or willful misconduct. Sublessee shall leave the Furniture in approximately the configuration in which Sublessee accepts the Furniture on the Commencement Date, but Sublessee shall have no duty to remove such Furniture or said cabling upon be responsible for complying with all of the expiration or earlier termination terms of this SubleaseSublease (other than the payment of Rent) and, to the extent incorporated herein by reference, the Prime Lease.
Appears in 1 contract
Samples: Agreement of Lease (Fluidigm Corp)
Sublease of Subleased Premises. For the rent and upon the terms and conditions hereinin this Sublease, Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor approximately 34,014 square feet of rentable space, which is made up of (i) the space on Xxxxx 00 consisting of approximately 33,529 square feet of rentable space, including two (2) “control zones” (the “First Floor Premises”), (ii) the acid neutralization room on Level P-2 consisting of approximately 185 93,000 square feet of rentable space located on the fourth floor of the Building as shown on Exhibit B attached hereto (the “2010 Acid Neutralization Room”) and (iii) the chemical storage room on Level P-1 consisting of approximately 300 square feet of rentable space (the “300 SF Chemical Storage Room,” which together with the 2010 Acid Neutralization Room and the First Floor Premises is referred to herein as the “Subleased Premises”) as shown on Exhibit B attached heretoIf requested by Sublessee, Sublessor agrees to exercise its right to have the Subleased Premises remeasured upon completion of the construction documents for the Improvement Work (defined in Section 6(e) below) in accordance with the terms of Section 2.01(e)(ii) of the Prime Lease. During the term hereofTerm of this Sublease, Sublessee shall have access to and use of the Subleased Premises twenty-four (24) hours a day, 7 days a week, fifty-two (52) weeks a year, subject to the terms of this SubleaseSublease and the Prime Lease to the extent incorporated in this Sublease by reference. If From and after the date on which this Sublease has been fully executed by Sublessor acquires and Sublessee and the Furniture Prime Lessor has delivered the Consent (as defined hereafterin Paragraph 24 of this Sublease), then Sublessor also grants Sublessee shall have the right to use those items of personal property identified on Exhibit C attached hereto and made a part hereof (the “Furniture”), together with the existing voice and data network cabling in enter the Subleased Premises at reasonable times for the purposes of inspecting and reviewing the Improvement Work as defined in Paragraph 6(e) of this Sublease, inspecting the Commencement Date (as hereinafter defined)Subleased Premises, all without additional taking measurements, installing network cabling and preparing for the move into the Subleased Premises. Sublessor shall have the right to have a representative present any time the early entry right is exercised, at no cost or charge except as provided in the next sentence. SUBLESSOR AND SUBLESSEE ACKNOWLEDGE AND AGREE THAT SUBLESSOR WILL USE REASONABLE EFFORTS TO PURCHASE THE FURNITURE FROM ARCHEMIX, BUT THAT SAID PURCHASE WILL BE CONTINGENT ON AND SUBJECT TO SUBLESSOR AND SUBLESSEE EXECUTING A MUTUALLY SATISFACTORY LEASE AGREEMENT, WHEREBY SUBLESSEE SHALL LEASE THE FURNITURE FOR THE TERM OF THIS SUBLEASE, PURSUANT TO SUCH TERMS AND CONDITIONS AS SUBLESSOR AND SUBLESSEE SHALL MUTUALLY AGREE. In such case, Sublessee will accept possession of the Furniture and said cabling “as is, where is” and in its then-current condition, Sublessor having made no representation or warranty of any kind, express or implied (including, but not limited to, any warranty of fitness for any particular use or purpose) with respect to any of the sameSublessee. If Sublessee so leases enters the Furniture, Sublessee shall keep the Furniture in the same condition as exists on Subleased Premises before the Commencement Date, ordinary wear and tear and damage by casualty excepted, but Sublessee shall not be required to replace any items unless replacement is required due to Sublessee’s gross negligence or willful misconduct. Sublessee shall leave responsible for complying with all of the Furniture in approximately the configuration in which Sublessee accepts the Furniture on the Commencement Date, but shall have no duty to remove such Furniture or said cabling upon the expiration or earlier termination terms of this SubleaseSublease and the Prime Lease to the extent incorporated in this Sublease by reference, other than the payment of Rent or other charges hereunder.
Appears in 1 contract
Sublease of Subleased Premises. For the rent and upon the terms and conditions herein, Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor approximately 34,014 square feet of rentable space, which is made up of (i) the space on Xxxxx 00 consisting of approximately 33,529 square feet of rentable space, including two (2) “control zones” (the “First Floor Premises”), (ii) the acid neutralization room on Level P-2 consisting of approximately 185 2,658 square feet of rentable space (located on the “2010 Acid Neutralization Room”) and (iii) the chemical storage room on Level P-1 consisting of approximately 300 square feet of rentable space (the “300 SF Chemical Storage Room,” which together with the 2010 Acid Neutralization Room and the First Floor Premises is referred to herein as the “Subleased Premises”) 22nd floor as shown on Exhibit B attached heretohereto (the “Subleased Premises”). During the term hereof, Sublessee shall have access to and use of the Subleased Premises twenty-four (24) hours a day, 7 days a week, subject to the terms of this Sublease. If Sublessor acquires the Furniture (as defined hereafter), then Sublessor also grants Sublessee the right to use use, without additional charge during the term of this Sublease, those items of personal property identified located in the Subleased Premises on Exhibit C attached hereto and made a part the date hereof (the “Furniture”), together with the existing voice network wiring/equipment (including handsets), voicemail systems, internet access, security system (including door cards) (the “Systems”) and data network cabling fixtures in the Subleased Premises as of the Commencement Date (as hereinafter defined), all without additional charge except as provided Date. Sublessor hereby represents and warrants that the Systems are in good working order. Sublessor agrees to maintain the Systems in working order during the Term of the Sublease. Sublessor will provide Sublessee with the direct contact information of a technician or equivalent person who is available during regular business hours to service the Systems and a contact for after-hours Systems services. Sublessee’s sole remedy in the next sentenceevent of a violation of such representation and warranty is for Sublessee to receive from Sublessor the same level of service to Sublessee as Sublessor provides itself. SUBLESSOR AND SUBLESSEE ACKNOWLEDGE AND AGREE THAT SUBLESSOR WILL USE REASONABLE EFFORTS TO PURCHASE THE FURNITURE FROM ARCHEMIX, BUT THAT SAID PURCHASE WILL BE CONTINGENT ON AND SUBJECT TO SUBLESSOR AND SUBLESSEE EXECUTING A MUTUALLY SATISFACTORY LEASE AGREEMENT, WHEREBY SUBLESSEE SHALL LEASE THE FURNITURE FOR THE TERM OF THIS SUBLEASE, PURSUANT TO SUCH TERMS AND CONDITIONS AS SUBLESSOR AND SUBLESSEE SHALL MUTUALLY AGREE. In such caseNotwithstanding the foregoing, Sublessee will accept shall in no event be responsible for maintaining or repairing the Systems. Other than as set forth herein, Sublessee accepts possession of the Furniture Furniture, the Systems and said cabling fixtures “as is, where is” and in its then-their current condition, Sublessor having made no representation or warranty of any kind, express or implied (including, but not limited to, any warranty of fitness for any particular use or purposepurpose or security with respect to the voicemail or internet access connections) with respect to any of the same. If Sublessor shall provide Sublessee so leases with open connections for internet service and computer connections and the Furnitureuse of the existing security system and telephone system in the Subleased Premises. Sublessee acknowledges and agrees that it is responsible for securing the telephone and internet connections and for the security of the Subleased Premises and any persons therein or thereon. For the avoidance of doubt it is clarified that Sublessee emails and internet activity will not be recorded or otherwise accessible by Sublessor. Sublessee releases and indemnifies Sublessor and its directors, officers, agents and employees from any liability with respect to the use/security of the telephone and internet connections and the security of the Subleased Premises and any persons therein or thereon. Sublessor agrees to allow Sublessee to use, without additional charge, Sublessor’s receptionist services on the 21st floor of the Building. Upon the date on which this Sublease has been fully executed by Sublessor and Sublessee and the Prime Lessor has delivered the “Consent” as hereinafter defined, Sublessee shall keep have the Furniture in right to enter the same condition as exists on Subleased Premises for the purposes of inspecting the Subleased Premises, taking measurements and preparing for the move into the Subleased Premises. Sublessor shall have the right to have a representative present any time such early entry right is exercised. If Sublessee enters the Subleased Premises prior to the Commencement Date, ordinary wear and tear and damage by casualty excepted, but Sublessee shall not be required to replace any items unless replacement is required due to Sublessee’s gross negligence or willful misconduct. Sublessee shall leave responsible for complying with all of the Furniture in approximately the configuration in which Sublessee accepts the Furniture on the Commencement Date, but shall have no duty to remove such Furniture or said cabling upon the expiration or earlier termination terms of this SubleaseSublease and the Prime Lease to the extent incorporated herein by reference, other than the payment of Rent.
Appears in 1 contract
Samples: Sublease (Antigenics Inc /De/)
Sublease of Subleased Premises. For the rent and upon the terms and conditions herein, Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor approximately 34,014 10,000 square feet of rentable space, which is made up of office space located on the first floor (ithe "Office Space") the space on Xxxxx 00 consisting of and approximately 33,529 11,550 square feet of rentable space, including two (2) “control zones” laboratory space located on the third floor (the “First Floor Premises”), (ii) the acid neutralization room on Level P-2 consisting of approximately 185 square feet of rentable space (the “2010 Acid Neutralization Room”) and (iii) the chemical storage room on Level P-1 consisting of approximately 300 square feet of rentable space (the “300 SF Chemical Storage Room,” which together with the 2010 Acid Neutralization Room and the First Floor Premises is referred to herein as the “Subleased Premises”"Lab Space") as shown on Exhibit B attached heretohereto (collectively, the "Subleased Premises"). During the term hereof, Sublessee shall have access to and use of the Subleased Premises and the parking lot adjacent to the Building twenty-four (24) hours a day, 7 days a week, excluding emergency events, which may cause the Building to limit access to tenants, subject to the terms of this Sublease. If Sublessee shall have after hour access to the Building by a card key system. Upon the date on which this Sublease has been fully executed by Sublessor acquires and Sublessee and the Furniture (Prime Lessor has delivered the "Consent" as defined hereafter)hereinafter defined, then Sublessor also grants Sublessee shall have the right to use those items of personal property identified on Exhibit C attached hereto and made a part hereof (the “Furniture”), together with the existing voice and data network cabling in enter the Subleased Premises for the purposes of commencing its "Improvement Work" as of hereinafter defined, inspecting the Subleased Premises, taking measurements and preparing for the move into the Subleased Premises, including installing system furniture and lab equipment. Sublessor shall have the right to have a representative present any time such early entry right is exercised. If Sublessee enters the Subleased Premises prior to the Commencement Date (as hereinafter hereunder defined), Sublessee shall be responsible for complying with all without additional charge except as provided in the next sentence. SUBLESSOR AND SUBLESSEE ACKNOWLEDGE AND AGREE THAT SUBLESSOR WILL USE REASONABLE EFFORTS TO PURCHASE THE FURNITURE FROM ARCHEMIX, BUT THAT SAID PURCHASE WILL BE CONTINGENT ON AND SUBJECT TO SUBLESSOR AND SUBLESSEE EXECUTING A MUTUALLY SATISFACTORY LEASE AGREEMENT, WHEREBY SUBLESSEE SHALL LEASE THE FURNITURE FOR THE TERM OF THIS SUBLEASE, PURSUANT TO SUCH TERMS AND CONDITIONS AS SUBLESSOR AND SUBLESSEE SHALL MUTUALLY AGREE. In such case, Sublessee will accept possession of the Furniture and said cabling “as is, where is” and in its then-current condition, Sublessor having made no representation or warranty of any kind, express or implied (including, but not limited to, any warranty of fitness for any particular use or purpose) with respect to any of the same. If Sublessee so leases the Furniture, Sublessee shall keep the Furniture in the same condition as exists on the Commencement Date, ordinary wear and tear and damage by casualty excepted, but Sublessee shall not be required to replace any items unless replacement is required due to Sublessee’s gross negligence or willful misconduct. Sublessee shall leave the Furniture in approximately the configuration in which Sublessee accepts the Furniture on the Commencement Date, but shall have no duty to remove such Furniture or said cabling upon the expiration or earlier termination terms of this SubleaseSublease and the Prime Lease to the extent incorporated herein by reference, other than the payment of Rent (as hereunder defined).
Appears in 1 contract
Samples: BG Medicine, Inc.
