Subleased Premises. a. Effective as of the later of June 1, 2019 or the date the Sublandlord completes the Expansion Work (as defined below) (the “Expansion Date”), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), shall be added to and deemed part of the Subleased Premises under the Sublease. Except as otherwise provided by this Amendment, all terms and conditions of the Sublease applicable to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date. b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises. c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; and
Appears in 1 contract
Sources: Sublease (Zynex Inc)
Subleased Premises. a. Effective as of the later of June 1, 2019 or the date the Sublandlord completes the Expansion Work (as defined below) Tenant intends to enter into a sublease (the “Expansion DateSublease”) with Central Industrial Supply Company (“CIS”), the area shown on Exhibit A attached to this Amendmentfor that certain premises located ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, consisting of 21,420 rentable square feet ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ (the “Expansion Subleased Premises”), shall be added which such Subleased Premises is adjacent to and deemed part the Premises. Provided the terms of the Subleased Premises Sublease require that Tenant, as subtenant under the Sublease. Except , will pay the rent under the Sublease in the amounts set forth in that certain Standard Industrial Lease dated August 16, 2006 by and between Landlord, as otherwise provided landlord, and CIS, as tenant (the “CIS Lease”), Landlord will agree that in the event Landlord elects to terminate the CIS Lease due to a default by this AmendmentCIS prior to the termination of the Sublease, all the Sublease shall not terminate (even if the Sublease term has not commenced pursuant to the terms of the Sublease) and Tenant, as subtenant under the Sublease, shall attorn to Landlord and recognize Landlord as the sublandlord under the Sublease, upon the terms and conditions and at the rental rate specified in the Sublease, and for the then remaining term of the Sublease, except that Landlord shall not be bound by any provision of the Sublease applicable which in any way increases Landlord’s duties, obligations or liabilities to Tenant, as sublesee, beyond those owed to CIS under the CIS Lease. If the CIS Lease is terminated after the Sublease has been executed but prior to the Subleased Premisescommencement date of the Sublease term, other than Sections 5.3Landlord will agree that (i) the Sublease term shall commence upon the termination of the CIS Lease (the “Early Sublease Commencement Date”) and that Tenant, 5.4as subtenant, 5.5shall commence paying rent under the Sublease (at the rates set forth in the CIS Lease) upon the Early Sublease Commencement Date, and 7.5(ii) Tenant, as subtenant, shall apply not be responsible for any amounts due under the CIS Lease and unpaid by CIS for periods prior to the Expansion Subleased Premises on Early Sublease Commencement Date. The foregoing provisions of this paragraph shall apply notwithstanding that, as a matter of law, the Expansion Date.
b. Notwithstanding Sublease may otherwise terminate upon the foregoing termination of the CIS Lease. In the event of such an attornment, Landlord shall not (i) be liable to Tenant, as sublessee, for any act, omission or breach of the Sublease by CIS, (ii) be subject to any offsets or defenses which Tenant, as sublessee, might have against CIS, (iii) be bound by any rent or additional rent which Tenant, as sublessee, might have paid in advance to CIS, (iv) be bound to honor any rights of Tenant, as sublessee, in any security deposit made with CIS except to the contrary, Subtenant extent CIS has turned over such security deposit to Landlord. Landlord shall have the right to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents reasonably review and consent to the terms of this Amendment by execution Sublease and delivery to Sublandlord of require Tenant and CIS to enter into a consent of Prime Landlord form provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; and
Appears in 1 contract
Subleased Premises. a. Effective as A. Subject to the terms and conditions of this Sublease, Sublandlord hereby subleases to Subtenant, and Subtenant hereby subleases from Sublandlord, a portion of the later Master Premises consisting of June 1, 2019 or the date the Sublandlord completes the Expansion Work (approximately 36,314 rentable square feet as defined below) (the “Expansion Date”), the area more particularly shown on Exhibit A B attached to this Amendment, consisting of 21,420 rentable square feet hereto (the “Expansion --------- "Subleased Premises”"), shall be added to and deemed part . The square footage of the Subleased Premises under set forth herein is conclusively deemed to be the Sublease. Except actual square footage thereof as otherwise provided by this Amendment, all terms and conditions of the Sublease applicable to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Datedate hereof.
b. Notwithstanding the foregoing to the contrary, B. Subtenant shall have non-exclusive access, with Sublandlord and other subtenants of the right to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents Master Premises, to the terms of this Amendment by execution common areas (including, without limitation, the main lobby and delivery common area hallways) as shown on Exhibit B --------- attached hereto subject, however, to Sublandlord's reasonable rules and regulations that Sublandlord of a consent of Prime Landlord provided that: (a) other than may establish from time to time with respect to the payment of Expansion Rent (as defined below)such access; provided, however, that any rules or regulations established by Sublandlord shall not materially diminish Subtenant's rights hereunder nor impose additional material obligations on Subtenant.
C. Subtenant shall comply be entitled to use, in common with Sublandlord and abide by all termssubtenants in the Master Premises, obligationsthe main lobby area subject, however, to Sublandlord's reasonable rules and liabilities under the Sublease applicable regulations that Sublandlord may establish from time to the Subleased Premises time with respect to such use; Notwithstanding the Expansion Subleased Premises commencing upon such occupancy; (b) foregoing, any rules or regulations established by Sublandlord shall not materially diminish Subtenant's rights hereunder nor impose additional material obligations on Subtenant.
D. Subtenant shall deliver certificates be entitled to non-exclusive access, with Sublandlord and other subtenants of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant Master Premises, to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) shipping/receiving dock in the Expansion Subleased Premises; (d) Subtenant shall provide Master Premises for the limited purpose of shipping and receiving items in the ordinary course of Subtenant's business subject, however, to Sublandlord's reasonable rules and regulations that Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right may establish from time to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever time with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b)such access; and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contraryforegoing, Subtenant any rules or regulations established by Sublandlord shall have the right to access the Expansion Subleased Premises early commencing not materially diminish Subtenant's rights hereunder nor impose additional material obligations on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; and.
Appears in 1 contract
Sources: Sublease (Docent Inc)
Subleased Premises. a. Effective as Landlord now subleases to Tenant two or more of the later of June 1following rooms numbered 5111, 2019 or 5110, 5090, 5040, 5041, 5042, 5010, 5280, 5030 and 5070 (those which are subleased becoming the date the Sublandlord completes the Expansion Work (as defined below) (the “Expansion Date”), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion "Subleased Premises”), shall ") Tenant will be added allowed to and deemed part of inspect the Subleased Premises under the Sublease. Except as otherwise provided by this Amendment, all terms and conditions of the Sublease applicable at least forty-five (45) days prior to occupying the Subleased Premises. On or before October 15, 2001, Tenant shall advise Landlord in writing as to which of these rooms it desires to lease. The parties shall complete Exhibit A at that time. Until January 1, 2002, Tenant has the exclusive option to rent more of these rooms by providing written notice of same to Landlord. If that occurs, the parties shall execute a revised Exhibit A. If Tenant does not lease all of the rooms specified above by January 1, 2002, then Landlord may offer those unleased rooms ("Unleased Rooms") to other than Sections 5.3prospective tenants, 5.4so long as Tenant is given a right of first refusal in the manner described below. As to the Unleased Rooms, 5.5if after January 1, 2002, and 7.5during the term of this Sublease, Landlord should receive a bona fide offer to lease one of the Unleased Rooms that is acceptable to it, Landlord shall apply deliver to Tenant a written notice that such an offer has been received. The notice shall include a copy of the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, Subtenant offer. Tenant shall have the right and option for a period of ten (10) business days after receipt of such notice to access elect to rent those Unleased Rooms upon the Expansion Subleased Premises early commencing on same terms and conditions as stated in the date that Prime Landlord consents bona fide offer which was attached to the terms notice. Exercise of this Amendment option shall be by execution and delivery written notice from Tenant to Sublandlord of a consent of Prime Landlord. If Tenant does not elect to exercise this option, then Landlord provided that: (a) other than may proceed to rent those Unleased Rooms in accordance with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements provisions of the Sublease applicable bona fide offer and this first right of refusal shall terminate as to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventorythose Unleased Rooms. However, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime if Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premisesproceed to rent those Unleased Rooms under such bona fide offer, then this first right of refusal will continue as to any subsequent bona fide offers.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; and
Appears in 1 contract
Subleased Premises. a. Effective as of Sublandlord does hereby sublease to Subtenant, and Subtenant does hereby sublease from Sublandlord, for the later of June 1term and upon the conditions hereinafter provided, 2019 or the date the Sublandlord completes the Expansion Work (as defined below) (the “Expansion Date”), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), shall be added to and deemed part of the Subleased Premises under the Sublease. Except as otherwise provided by this Amendment, all terms and conditions of the Sublease applicable to the Subleased Premises, other than Sections 5.3consisting of the approximate Rentable Area provided in the preamble to this Sublease, 5.4the number of which the parties agree shall be deemed the actual square footage, 5.5subject to Subtenant’s right, and 7.5but not obligation, shall apply to have the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contraryre-measured at its sole cost and expense, provided that Subtenant shall have not re-measure the right to access the Expansion Subleased Premises early commencing on after the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: thirtieth (a30th) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under day following the Sublease Commencement Date applicable to the Phase II Subleased Premises. If Subtenant should elect to re-measure the Subleased Premises with respect prior to the Expansion thirtieth (30th) day following the Sublease Commencement Date applicable to the Phase II Subleased Premises, and should Subtenant’s qualified professionals determine in writing that the Subleased Premises commencing measure more or less than the approximation, an appropriate increase or decrease shall be made to those charges which are based upon square footage measurements (including but not limited to Sublease Base Rent, the Sublease Base Rent Credit, and the Security Deposit Amount), the revised square footage shall be confirmed in an amendment to this Sublease signed by both parties, and the determination of Rentable Area shall be conclusive. “Rentable Area” means the (i) entire area included within the Subleased Premises, being the area bounded by the interior surface of any exterior wall, the interior of all walls separating the Subleased Premises from any public corridors or other public areas on such occupancy; (b) Subtenant shall deliver certificates floor, and the centerline of insurance reasonably satisfactory all walls separating such Subleased Premises from other adjoining areas leased to Sublandlord evidencing that or other subtenants on the Expansion Subleased Premises is insured pursuant to floor, plus (ii) a proportionate amount of the requirements square footage of the Common Areas (defined in Section 3(b)) existing as of the Sublease Commencement Date applicable to the Phase II Subleased Premises; (c) , including but not limited to common area corridors on the sole purpose for such occupancy shall be to store Subtenant’s inventorysecond floor, including, medical units (electrotherapy), bags, electrodesfirst floor, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements lower level of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; andBuilding.
Appears in 1 contract
Sources: Sublease Agreement (Zynex Inc)
Subleased Premises. a. Effective With respect to any "Premises" described and defined as of a "Subleased Premises" on the later of June 1Addendum hereto, 2019 which Landlord does not own, but leases or the date the Sublandlord completes the Expansion Work subleases from a Lessor (as defined belowin each Addendum hereto) under the terms of an existing lease or sublease (the “Expansion Date”each, a "MAIN LEASE"), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), Lease shall be added to and deemed part a sublease of such Premises. Each such Premises constitutes all or a portion of the Subleased Demised Premises (as defined in each Addendum attached hereto) leased by Landlord, as lessee or sublessee, under the Subleaseterms of the applicable Main Lease. Except Tenant hereby assumes and agrees to pay and perform all of the obligations of Landlord, as otherwise provided lessee or sub-lessee, under the Main Leases; PROVIDED, HOWEVER, Tenant shall not be bound by this Amendmentthose provisions of a Main Lease which may be specifically excepted in the "Special Provisions" section of the Addendum related to such Main Lease, all if applicable. Tenant has received and reviewed, or shall receive and review, as appropriate, a copy of each Main Lease prior to the execution of the applicable Addendum hereto relating to such Main Lease. Tenant shall not commit or permit to be committed on any of the Premises which are subject to a Main Lease any act or omission which would violate any term or condition of the Main Lease covering such Premises. All of the terms and conditions contained in the Main Leases with respect to the Premises covered thereby are incorporated herein as terms and conditions of this Lease (with each reference therein to lessor and lessee, however denominated, to be deemed to refer to Landlord and Tenant). In the Sublease applicable event of any conflict or dispute with regard to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, rights or obligations of Landlord and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents to Tenant under or arising out of this Lease and under the terms of any Main Lease, the terms and provisions of this Amendment by execution and delivery Lease shall control. Notwithstanding anything to Sublandlord the contrary contained herein, in the event of any termination or any expiration of a consent of Prime Landlord provided that: Main Lease, howsoever brought about, (ai) other than the Base Rent (hereinafter defined) shall be reduced by the Base Rent Component (hereinafter defined) attributable to the Premises covered thereby, (ii) this Lease shall terminate with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligationsPremises covered thereby, and liabilities (iii) neither Landlord nor Tenant shall have any further rights or obligations under the Sublease applicable to the Subleased Premises this Lease with respect thereto (except with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements any rights or obligations accrued as of the Sublease applicable to the Subleased Premises; (c) the sole purpose for date of such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodesexpiration or termination, and batteriesexcept for any claim for damages where the expiration or termination of the Main Lease was caused by the failure of Landlord or Tenant to pay or perform their respective obligations in regards to such Main Lease, or this Lease, all of which accrued rights and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant obligations and damage claims shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever survive termination of this Lease with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(bsuch Premises); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; and
Appears in 1 contract
Subleased Premises. a. Effective as of Sublandlord hereby leases to Subtenant, and Subtenant hereby leases from Sublandlord, the later of June 1Subleased Premises, 2019 or together with the date right to use the Sublandlord completes Common Area (including, but not limited to, Tenant’s Allocated Parking Stalls within the Expansion Work (as defined below) (the “Expansion Date”Project), the area shown on Exhibit A attached Parking Area and the Exterior Area) provided by Master Landlord to Sublandlord pursuant to the terms of the Master Lease. The Subleased Premises shall include all tenant improvements, alterations, conduits and equipment installed therein by Sublandlord. In addition, Sublandlord hereby assigns to Subtenant for the duration of the Term (as hereinafter defined) of this AmendmentSublease, consisting of 21,420 rentable square feet (all rights that Sublandlord has pursuant to the “Expansion Subleased Premises”)Master Lease in connection with the occupancy, shall be added to and deemed part use or enjoyment of the Subleased Premises under and agrees that (subject to Sublandlord’s rights pursuant to the SubleaseMSA and the Conduits Agreement (each term as defined below)) such rights shall be exercisable exclusively by Subtenant while the Sublease is in effect. Except as otherwise provided by this AmendmentSuch rights shall include, but not be limited to, the following: all rights Sublandlord has pursuant to Section 2.1 [Demise of Premises] of the Master Lease; all signage rights Sublandlord has pursuant to Section 4.3 [Signs] of the Master Lease, all terms and conditions parking rights that Sublandlord has pursuant to Section 4.4 [Parking] of the Sublease applicable Master Lease, all rights Sublandlord has pursuant to Section 14.1(D) of the Master Lease (i.e., to permit Customers to enter upon and occupy the Premises for purposes of installing, repairing, replacing, operating and maintaining their customer equipment); all rights Sublandlord has pursuant to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply following provisions of the Lease Rider to the Expansion Master Lease: Paragraph 3 [Roof Rights]; Paragraph 4 [Exterior Area]; Paragraph 5 [Fiber and Electrical Conduit Rights of Way]; Paragraph 6 [Emergency Generators and Fuel Storage Tanks]; Paragraph 7 [HVAC]; Paragraph 8 [Life Safety Systems]; Paragraph 10 [Leasehold Mortgage]; Paragraph 11 [Telephone Service]; and Paragraph 17 [Sprinkler]. Sublandlord warrants that (a) subject to obtaining the consent of Master Landlord as provided in Section 5, Sublandlord has the full power, authority and legal right to sublease the Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrarySubtenant, (b) Subtenant shall will have the right quietly to access enjoy the Expansion Subleased Premises early commencing on subject to (i) the date that Prime Landlord consents to Master Lease, (ii) the terms of this Amendment by execution Sublease, and delivery (iii) any other interest to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect which the Master Lease is subject according to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all its terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall Subleased Premises will be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify same condition on the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent Commencement Date (as defined below)herein) as on the date hereof, Subtenant shall comply normal wear and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; andtear excepted.
Appears in 1 contract
Sources: Sublease Agreement (Equinix Inc)
Subleased Premises. a. Effective as Sublandlord leases to Subtenant and Subtenant leases from Sublandlord the Subleased Premises upon all of the later terms, covenants and conditions contained in this Sublease. The Subleased Premises consist of June 1all of the premises leased to Sublandlord under the Master Lease as follows: an approximately 31,266 (+/-) square foot two-story building located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, 2019 or ▇▇▇▇▇▇▇▇▇, ▇▇ together with the date parking, sidewalks, driveways and landscaped areas appurtenant thereto. Sublandlord shall deliver the Sublandlord completes Subleased Premises in the Expansion Work configuration shown on Exhibit B attached hereto; provided however, at Subtenant's request (as defined below) (the “Expansion Date”and without cost to Subtenant), the area shown on Exhibit A attached carpet and the drop-ceiling shall not be installed until improvements to this Amendmentbe constructed by, consisting of 21,420 rentable square feet (or at the “Expansion Subleased Premises”)direction of, shall be added Subtenant are substantially completed. Tenant acknowledges that it has had an opportunity to conduct, and deemed part has conducted, such inspections of the Subleased Premises as it deems necessary to evaluate its condition. Tenant agrees to accept possession of the Subleased Premises in its then existing condition, "as is, where is, with all faults", subject to the rights of the "Tenant" under the Sublease. Except as otherwise provided by this Amendment, all terms and conditions last paragraph of Section 48 of the Sublease applicable to the Subleased PremisesMaster Lease, other than Sections 5.3which rights shall be enforced jointly by Subtenant and Sublandlord, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. as necessary. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than Sublandlord's obligations with respect to the payment correction of Expansion Rent (as defined below), defects and "punch list" items shall be limited to using reasonable efforts to cause Landlord to repair and/or complete such items. Sublandlord hereby assigns to Subtenant shall comply and abide by all terms, obligations, and liabilities under during the Sublease applicable Term the right to enforce any warranties in effect with respect to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon extent such occupancy; (b) warranties would reduce Subtenant's obligations hereunder and shall cooperate with Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing in entering into any such warranties except that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right not be required to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor incur any expenses in this regard. Subtenant acknowledges that Sublandlord shall have has not made any liability whatsoever representation or warranty to Subtenant with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable regard to the Subleased Premises with respect to including, without limitation, the Expansion suitability of the Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates for the conduct of insurance reasonably satisfactory to Sublandlord evidencing that Subtenant's business, the Expansion physical, environmental and economic condition and the compliance of the Subleased Premises is insured pursuant to the with applicable legal requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; andexcept as otherwise expressly provided herein.
Appears in 1 contract
Sources: Sublease (Pointcast Inc)
Subleased Premises. a. Effective January 16, 2006, there shall be removed from the Subleased Premises approximately 33,127 rentable square feet of space, consisting of 28,854 rentable square feet described as Area ▇▇. ▇▇ ▇▇▇ ▇▇▇▇ ▇▇. ▇▇ in the Sublease, comprising the entire second floor of the later Building, together with approximately 4,273 rentable square feet on the first floor of June 1, 2019 or the date the Sublandlord completes the Expansion Work (as defined below) (the “Expansion Date”)Building located in Area 1A, the area shown first floor space being depicted on Exhibit A attached to this Amendmenthereto (collectively, consisting the "DELETED SPACE"). After removal of 21,420 rentable square feet (the “Expansion Subleased Premises”)Deleted Space, shall be added to and deemed part of the Subleased Premises under the Subleaseshall be deemed to consist of 76,984 rentable square feet. Except as The Deleted Space shall be delivered by Subtenant to Sublandlord no later than January 16, 2006, in a broom-clean, but otherwise provided by this Amendment, all terms and conditions of the Sublease applicable to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, "AS-IS," condition. Subtenant shall have the right remove all furniture, office equipment and any other personal property, including all security cameras (subject to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents obtaining Master Landlord's consent to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect to the payment of Expansion Rent (as defined belowsuch removal), Subtenant shall comply and abide by all terms, obligations, and liabilities under currently located within the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Deleted Space. Sublandlord shall have the right to have use, in common with others entitled thereto, Common Areas in the Building associated with or convenient for use of the Deleted Space.
b. Within the second floor space of the Deleted Space, Subtenant shall be permitted to place its representative(s) escort wiring and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor cabling within those electrical closets, wiring closets and cabling rooms depicted on Exhibit B hereto in locations and quantities as reasonably determined by Sublandlord. Further, Sublandlord shall have any liability whatsoever with respect permit Subtenant access to Subtenant’s rights under this Section 2(b) it being understood the said closets/rooms to maintain, repair and agreed that inspect its wiring and cabling at reasonable times as requested by Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premisesupon reasonable notice to Sublandlord.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have Sublandlord reserves the right to use cooperatively with Subtenant on a non-exclusive basis the Building loading dock for both shipping and receiving, as well as reasonable access through the Expansion Subleased Premises early commencing (the location to be reasonably determined by Subtenant) sufficient to transport office and construction equipment between the loading dock and the Building elevators.
d. Sublandlord reserves (i) the right of access in all stairways and elevators between those portions of the Building not within the Subleased Premises and the Building rooftop, (ii) the right to install and maintain additional mechanical equipment on May 1the Building rooftop reasonably necessary to serve those portions of the Building not within the Subleased Premises, 2019(iii) the right to use existing mechanical and electrical risers, provided that: shafts, sleeves and penetrations between Sublandlord's spaces within the Building and the Building rooftop, which right shall be shared with Subtenant.
e. Section 1 of the Sublease is hereby amended to reflect these changes contained in (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; - (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; andabove herein.
Appears in 1 contract
Sources: Sublease Agreement (F5 Networks Inc)
Subleased Premises. a. Effective In the event that the Master Lease is terminated at any time during the Term hereof for any reason other than a default due to the acts or omissions of Tenant, as sublessee thereunder, and such termination occurs when Tenant occupies the Subleased Premises pursuant to the Sublease, in order to assure Tenant of the later continuation of June 1its use and occupancy of the Subleased Premises without interruption, 2019 Landlord hereby grants to Tenant an option to add the Subleased Premises to the Lease hereunder, upon the terms and conditions set forth in this Section and in the Consent. The provisions of this Section 7(a) supplement and are intended to be in addition to the rights granted to Tenant in the Consent. Landlord shall give written notice to Tenant within seven (7) business days after Landlord sends to Sublessor, or receives from Sublessor, written notice that the Master Lease is terminated, or being terminated, and that the termination date will occur prior to the Sublandlord completes expiration of the Expansion Work current term of the Sublease. Tenant shall have ten (as defined below10) business days following its receipt of such written notice from Landlord within which to exercise the expansion option granted by this Section. In the event Tenant exercises its expansion option granted pursuant to this Section to add the Subleased Premises to the Leased Premises governed by the Lease, then Tenant and Landlord shall negotiate in good faith to agree to the terms of an amendment to the Lease (the “Expansion DateLease Amendment”)) consistent with the terms of this Section. The Lease Amendment shall provide, among other provisions, that (1) the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), Premises shall be added to and deemed part the “Leased Premises” under the Lease upon all of the Subleased Premises under the Sublease. Except as otherwise provided by this Amendment, all terms and conditions of outlined in the Sublease Lease applicable to the Leased Premises, including rental rates, (2) the Base Rent, at the amount per rentable square foot as set forth in this Fourth Amendment, as applicable during such 10 O1037432.2 5/9/2014 lease year, (3) Tenant and Landlord reaffirm all other terms and conditions set forth in the Lease, as amended by this Fourth Amendment, to apply to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply with the exception of the provisions set forth in Section 4 above related to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contraryTenant Maintenance Services, Subtenant (3) Landlord shall have a relocation right for the right Subleased Premises, to access allow Landlord to change the Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms location of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises within Building III, subject to the provisions contained herein and (4) Tenant will be provided with the same parking spaces as granted to Tenant under the Sublease. The parties shall enter into the Lease Amendment prior to the date of termination of the Master Lease. With respect to such relocation, such Lease Amendment shall provide for the Expansion Subleased Premises commencing upon such occupancy; following: (bi) Subtenant The premises to which Tenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable be relocated (“Substitute Premises”) shall be within Building III, in a size and configuration comparable to the Subleased Premises; (cii) Prior to the obligation of Tenant to relocate to the Substitute Premises, the Landlord shall construct such tenant improvements, at Landlord’s sole purpose for such occupancy shall be cost and expense, as are necessary to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) render the Substitute Premises in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim same or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (comparable condition as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (ciii) Landlord shall pay all reasonable costs associated with such relocation, including, without limitation, all cost of the sole purpose physical relocation of the Subleased Premises and new promotional materials, business cards, letterhead, signage and other business related materials that reference the suite number and the cost of moving any phone and computers and installing related cabling; and (iv) An appropriate adjustment in the Base Rent and Tenant’s Pro Rata Share of any Operating Expenses based upon any variance in the size of the Substitute Premises (but not the rate on a per square foot basis), but in no event shall Tenant be obligated to pay any rent or Operating Expenses in excess of the amount Tenant pays under the Lease for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; and. Tenant’s right to exercise this option is conditioned upon Tenant not being in default of the time of exercise or as of the date upon which the Subleased Premises is added to the Lease. It is expressly understood and agreed that the option granted to Tenant under this subsection 7(a) shall apply only if and when the existing lease rights of Metavante Corporation (“Metavante”) cease in Building III in a manner which results in the loss of Tenant’s possessory rights in Building III.
Appears in 1 contract
Sources: Lease Agreement
Subleased Premises. a. Effective The Subleased premises (“Premises”) consists of an agreed area of 9,500 rentable square feet of retail/office space as outlined on the floor plan attached hereto and incorporated herein as Exhibit A (“Floor Plan”) and incorporated herein by this reference, located on the real property legally described on the attached Exhibit B and incorporated herein by this reference, and commonly known as ▇▇▇▇▇▇ Court, first floor located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇. Adjacent and along the easterly façade of the later of June 1Building is a Common Area exterior deck that provides, 2019 or among other things, access to and from the date the Sublandlord completes the Expansion Work (as defined below) Building (the “Expansion DateDeck”). The Premises shall also include, at no additional charge to Subtenant, an approximately three hundred forty-nine (349) square foot portion of the area shown Deck as set forth on Exhibit A J attached to this Amendment, consisting of 21,420 rentable square feet hereto and incorporated herein (the “Expansion Subleased PremisesPatio”). Before Subtenant holds any events or otherwise uses the Patio, it shall be added install at Subtenant’s sole expense a fence or other method of demarcation made of material(s) mutually acceptable to Subtenant and deemed part Sublandlord, consistent with the architecture of the Subleased Premises under Building and reasonably approved in advance by Sublandlord to separate the Sublease. Except as otherwise provided by this Amendment, all terms and conditions Patio from the remainder of the Sublease applicable Deck and the ingress/egress routes it provides to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Building. The Premises does not exceed include the maximum floor load capacity for real property beneath the Expansion Subleased Premises.
c. Notwithstanding Premises or structural elements of the foregoing building in which the Premises is located (“Building”). The Building, the real property upon which it is situated, all other improvements located on such land, and all common areas appurtenant to the contrary, Building are referred to herein as the “Property.” Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply understands and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing acknowledges that the Expansion Subleased Premises is insured pursuant located in an industrial area subject to potential nuisances, primarily emanating from other properties in the requirements vicinity of the Sublease applicable to Building, such as, by way of illustration only, excessive noise, dust and pungent odors. Subtenant represents and warrants that its intended use is consistent with the Subleased Premises; (c) location of the sole purpose for Premises and such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; andpotential nuisances.
Appears in 1 contract
Sources: Sublease Agreement (Jones Soda Co)
Subleased Premises. a. Effective In the event that the Master Lease is terminated at any time during the Term hereof for any reason other than a default due to the acts or omissions of Tenant, as sublessee thereunder, and such termination occurs when Tenant occupies the Subleased Premises pursuant to the Sublease, in order to assure Tenant of the later continuation of June 1its use and occupancy of the Subleased Premises without interruption, 2019 Landlord hereby grants to Tenant an option to add the Subleased Premises to the Lease hereunder, upon the terms and conditions set forth in this Section and in the Consent. The provisions of this Section 7(a) supplement and are intended to be in addition to the rights granted to Tenant in the Consent. Landlord shall give written notice to Tenant within seven (7) business days after Landlord sends to Sublessor, or receives from Sublessor, written notice that the Master Lease is terminated, or being terminated, and that the termination date will occur prior to the Sublandlord completes expiration of the Expansion Work current term of the Sublease. Tenant shall have ten (as defined below10) business days following its receipt of such written notice from Landlord within which to exercise the expansion option granted by this Section. In the event Tenant exercises its expansion option granted pursuant to this Section to add the Subleased Premises to the Leased Premises governed by the Lease, then Tenant and Landlord shall negotiate in good faith to agree to the terms of an amendment to the Lease (the “Expansion DateLease Amendment”)) consistent with the terms of this Section. The Lease Amendment shall provide, among other provisions, that (1) the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), Premises shall be added to and deemed part the “Leased Premises” under the Lease upon all of the Subleased Premises under the Sublease. Except as otherwise provided by this Amendment, all terms and conditions of outlined in the Sublease Lease applicable to the Subleased Leased Premises, other than Sections 5.3including rental rates, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times Base Rent, at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under amount per rentable square foot as set forth in this Section 2(b) it being understood and agreed that Subtenant shall indemnifyFourth Amendment, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; andduring such
Appears in 1 contract
Sources: Lease (Electronic Arts Inc.)
Subleased Premises. a. Effective as of the later of June 1Sublessor hereby subleases to Sublessee, 2019 or the date the Sublandlord completes the Expansion Work (as defined below) (the “Expansion Date”)and Sublessee hereby subleases from Sublessor, the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), shall be added to and deemed part of the Subleased Premises under subject to the Sublease. Except as otherwise provided by this Amendment, all terms and conditions of this Sublease. Sublessor shall deliver the Sublease Subleased Premises to Sublessee in such “AS IS, WHERE IS” condition as exists on the date delivered to Sublessee, broom clean, with the base Building electric, HVAC and plumbing systems serving the Subleased Premises in good working order and repair. Following execution of this Sublease, Sublessor shall demise the Subleased Premises from the balance of the Premises to the extent required by applicable to building codes (“Sublessor’s Work”). Upon taking occupancy of the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, Sublessee shall apply conclusively be deemed to have accepted the Expansion Subleased Premises in the condition delivered and to have acknowledged that the same are in good condition and satisfactory to Sublessee in all respects and Sublessor has no obligation to make any improvements to such portion of the Subleased Premises. Sublessee’s failure to notify Sublessor of any problems with the working order and repair of the base Building systems serving the Subleased Premises within thirty (30) days from delivery shall be deemed to be Sublessee’s agreement that Sublessor has satisfied its delivery requirement. Sublessee acknowledges that Sublessor has made no representations or warranties concerning the Subleased Premises or the Building or their fitness for Sublessee’s purposes. The Subleased Premises are leased with the benefit of the non-exclusive right to use in common with others at any time entitled thereto the areas shown on Exhibit B (the Expansion Date.
b. Notwithstanding “Common Areas”) solely for purposes of access to and egress from the foregoing to Subleased Premises. Sublessee shall comply with all rules and regulations of Sublessor concerning the contrary, Subtenant use of the Common Areas. Sublessor shall have the right from time to time to change the Common Areas provided Sublessor provides substantially similar access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premisesegress.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; and
Appears in 1 contract
Sources: Sublease (Antigenics Inc /De/)
Subleased Premises. a. Effective as of the later of June January 1, 2019 2020 or the date the Sublandlord completes the Second Floor Expansion Work (as defined below) (the “Second Floor Expansion Date”), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet the entire second (2nd) floor of the Premises (the “Second Floor Expansion Subleased Premises”), shall be added to and deemed part of the Subleased Premises under the Sublease. Tenant acknowledges that effective as of the Second Floor Expansion Date, Tenant is leasing the entire Premises leased by Sublandlord from Prime Landlord under the Prime Lease, with a total square footage of 85,681, and the Second Floor Expansion Subleased Premises will be deemed to include 22,546 square feet for purposes of calculation of Rent. Except as otherwise provided by this Amendment, all terms and conditions of the Sublease applicable to the Second Floor Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Second Floor Expansion Subleased Premises on the Second Floor Expansion Date.
b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Second Floor Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent the Consent of Prime Landlord provided that: (a) other than with respect to the payment of Second Floor Second Floor Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Second Floor Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Second Floor Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Tenant’s furniture, fixtures and equipment and store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) inventory in the Second Floor Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Second Floor Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Second Floor Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Landlord and Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Second Floor Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding Except for the foregoing to the contrary, Subtenant shall have the right to access the Second Floor Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent Work (as defined below), Sublandlord shall deliver, and Subtenant shall comply and abide by all terms, obligations, and liabilities under accept the Sublease applicable to the Second Floor Expansion Subleased Premises and Second Floor Expansion FF&E (as defined below) when delivered to Subtenant in its “AS-IS, WHERE IS” condition and “WITH ALL FAULTS” existing on the Second Floor Expansion Date. Subtenant acknowledges that, except as set forth in Section 4 of this Amendment, neither Sublandlord, Prime Landlord nor any agent of Sublandlord or Prime Landlord has made any representation or warranty with respect to the Second Floor Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant or Second Floor Expansion FF&E, or with respect to the suitability of any part of the same for the conduct of Subtenant’s business.
d. Notwithstanding anything herein to the contrary, Sublandlord shall deliver certificates of insurance reasonably satisfactory not be responsible for any tenant improvement allowance or other modifications to Sublandlord evidencing that the Second Floor Expansion Subleased Premises is insured pursuant to other than the requirements Second Floor Expansion Work. For the purpose of clarity, the terms of Sections 5.3 and 5.4 of the Sublease applicable shall not apply to the Second Floor Expansion Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; and.
Appears in 1 contract
Sources: Sublease (Zynex Inc)
Subleased Premises. a. Effective as (a) Subject to the written consent of Prime Landlord, Sublandlord hereby subleases to Subtenant, and Subtenant hereby subleases from Sublandlord, the Subleased Premises. Additionally, Subtenant is hereby granted the nonexclusive right to use the common areas of the later Building to the extent of June 1Sublandlord’s rights to use of the same pursuant to the Prime Lease, 2019 or in common with other tenants in the date Building (collectively, the Sublandlord completes “Common Areas”), each throughout the Expansion Work Term (as defined below) (the “Expansion Date”in Section 3), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), shall be added to and deemed part . Subtenant covenants that its use of the Subleased Premises under and Common Areas shall at all times comply with any and all terms, conditions and provisions of the SubleasePrime Lease and with any rules and regulations established by Prime Landlord and Sublandlord from time to time pursuant to the Prime Lease. The Subleased Premises shall not be subject to measurement or adjustment during the Term except due to physical changes to the square footage (e.g. due to casualty or condemnation).
(b) Sublandlord and Subtenant acknowledge and agree that Subtenant is currently a licensee of a portion of the Subleased Premises pursuant to the License, and has therefore examined such portion of the Subleased Premises and is familiar with the same. Sublandlord shall deliver, and Subtenant shall accept, the Subleased Premises, upon and subject to the terms and conditions herein set forth, and otherwise in its “AS IS, WHERE IS AND WITH ALL FAULTS” condition. Except as otherwise provided in this Sublease, Subtenant hereby waives all warranties, whether express or implied (including warranties of merchantability or fitness for a particular purpose), with respect to the Subleased Premises or any furniture, fixtures and equipment located therein.
(c) Subtenant acknowledges and agrees that no representations or warranties, express or implied, have been made by this Amendmentor on behalf of the Sublandlord with respect to the condition of the Subleased Premises, compliance with any Laws, statutes, or regulations, including, but not limited to, the Americans with Disabilities Act of 1991, 42 USC § 1201 et seq. and all regulations applicable thereto promulgated as of the date hereof (collectively “ADA”), or the use or occupation that may be made thereof, all of which are hereby expressly disclaimed by Sublandlord and waived by Subtenant, and that Sublandlord shall in no event whatsoever be liable for any latent defects in the Subleased Premises or in the furniture, furnishings, fixtures, or equipment therein. Sublandlord have no obligation for completing any alterations, improvements, repairs or decorations to all or any portion of the Subleased Premises, or provide an allowance for the same or any other reason, either prior to the Commencement Date or during the term of this Sublease, or any extension thereof.
(d) Provided that Subtenant is not in default of this Sublease beyond any applicable notice and cure periods, Subtenant shall peaceably and quietly hold and enjoy the Subleased Premises for the Term, without hindrance from Sublandlord or any party claiming by, through, or under Sublandlord, subject to the terms and conditions of this Sublease and the underlying Prime Lease, where applicable.
(e) The parties agree to the following allocation of risk with respect to their use of the Shared Areas:
(i) Notwithstanding anything to the contrary in the Sublease, (i) Subtenant shall be responsible for, and shall indemnify, defend and hold Sublandlord harmless against any damage, injury, or claims caused by or attributable to Subtenant, its agents, employees, representatives, or contractors in the Shared Area, and (ii) Sublandlord shall be responsible for, and shall indemnify, defend and hold Subtenant harmless against any damage, injury, or claims caused by or attributable to Sublandlord, its agents, employees, representatives, or contractors in the Shared Area.
(ii) In the event of damage, injury, or claims arising from circumstances where both Subtenant and Sublandlord, or their respective agents, employees, representatives, or contractors, are found to be contributory, liability shall be allocated between Subtenant and Sublandlord on a proportionate basis, reflective of each party's contribution to the fault as determined by a mutually agreed upon mediator, or, absent such agreement, by a court of competent jurisdiction. Both parties agree to negotiate in good faith to establish the degree of fault and corresponding liability.
(iii) Subtenant’s obligation to decommission the Subleased Premises in accordance with the requirements of the Prime Lease shall not be deemed to require Subtenant to perform decommissioning work on the Shared Area.
(iv) Subtenant’s obligation to repair and maintain the Subleased Premises in accordance with the terms and conditions of the Sublease applicable to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable Lease attributable to the Subleased Premises with respect shall not be deemed to require Subtenant to repair or maintain the Shared Area, except to the Expansion Subleased Premises commencing upon such occupancy; (b) extent of damage caused by Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing or its agents, employees, representatives, or contractors, and provided that the Expansion Subleased Premises is insured pursuant to the requirements Subtenant pays Subtenant’s proportionate shares of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity Pass Through Costs for the Expansion Subleased Premises.
c. Notwithstanding cost of janitorial services for the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing Shared Space as reflected on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; andExhibit C.
Appears in 1 contract
Subleased Premises. a. Effective as Sublandlord does hereby sublease to Subtenant, and Subtenant does hereby sublease and rent from Sublandlord, (i) the Space and (ii) all permanent improvements within the Space constructed by Landlord or by or on behalf of the later of June 1Sublandlord (collectively, 2019 or the date the Sublandlord completes the Expansion Work (as defined below) (the “Expansion Date”), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), shall be added to and deemed part of the Subleased Premises under the Sublease. Except as otherwise provided by this Amendment, all terms and conditions of the Sublease applicable to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access use in common with Sublandlord and others entitled thereto the Expansion Subleased Premises early commencing on common areas of the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured Project pursuant to the requirements of the Sublease applicable Lease. In addition, subject to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventoryterms, including, medical units (electrotherapy), bags, electrodes, covenants and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under conditions of this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrarySublease, Subtenant shall have the exclusive right to access use during the Expansion Subleased Premises early commencing on May 1, 2019, provided that: Sublease Term (a) other than with respect to the payment of Expansion Rent (as defined below), free of charge, the furniture, fixtures and equipment more particularly described on Schedule A annexed hereto and made a part hereof (the “Personal Property”) located in the Space. Subtenant shall comply and abide have no obligation whatsoever to repair, replace or maintain the Personal Property, unless any damage thereto is caused by all terms, obligations, and liabilities under the Sublease applicable to negligence or willful misconduct of Subtenant. Provided that there is no change in the size of the Subleased Premises with respect to between the Expansion date of this Sublease and the Commencement Date (defined below) (e.g., there has been no change in the size of the Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates by reason of insurance reasonably satisfactory any damage or destruction to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements or condemnation of the Sublease applicable to the Subleased Premises; ), the parties hereby (ci) stipulate that the sole purpose for such occupancy Space shall be deemed to install contain approximately 19,997 rentable square feet upon delivery of the Space by Sublandlord to Subtenant (the “Space Measurement”), (ii) agree that neither party shall have any right to dispute the Space Measurement and (iii) waive any claim in connection with the Space Measurement, regardless of whether the Space is found to have contained more or less than 19,997 rentable square feet upon delivery of the Space to Subtenant. Sublandlord represents and warrants for the benefit of Subtenant that the rentable square footage of the Space was not remeasured pursuant to Section 4 of the Second Amendment and that Sublandlord pays Base Rental for the Space under the Lease and Tenant’s furniture, fixtures, Forecast Additional Rental and equipment in Tenant’s Additional Rental for the Subleased Premises; andSpace under the Lease on the basis of the Space consisting of 19,997 rentable square feet.
Appears in 1 contract
Sources: Sublease Agreement (Looksmart LTD)
Subleased Premises. a. (a) Effective as of the later of June 1Effective Date, 2019 or on and subject to the date the Sublandlord completes the Expansion Work (as defined below) (the “Expansion Date”), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), shall be added to and deemed part of the Subleased Premises under the Sublease. Except as otherwise provided by this Amendment, all terms and conditions of the Sublease applicable Lease which shall, subject to subparagraphs (e) and (f) below, apply with equal force to Sublandlord’ s and Subtenant’s rights and obligations hereunder, Sublandlord hereby leases to Subtenant and Subtenant hereby leases from Sublandlord the Subleased PremisesData Center Premises for the term, other than Sections 5.3, 5.4, 5.5at the rental, and 7.5, shall apply to upon all of the Expansion Subleased Premises on conditions set forth herein. From and after the Expansion Effective Date.
b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right comply, subject to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: subparagraph (ae) other than below, with respect to the payment Data Center Premises, with all of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities its obligations under the Sublease applicable to the Subleased Premises Lease with respect to the Expansion Subleased Leased Premises, including without limitation pursuant to paragraph 3 of the Third Amendment, except that Expense Rent for the Data Center Premises commencing upon such occupancy; shall be payable in accordance with subparagraph (b) below.
(b) Subtenant shall deliver certificates pay to Sublandlord, monthly in advance commencing on the Effective Date, as Expense Rent for the Data Center Premises, the amount of insurance reasonably satisfactory $15,167 per month, which amount is calculated as set forth in Exhibit “B” hereto.
(c) The Term of the Sublease with respect to the Data Center Premises shall be co-terminous with the Lease Term; provided, however, upon written notice from Subtenant given to Sublandlord, if at all, at least ninety (90) days prior to Subtenant’s desired termination date or from Sublandlord evidencing that to Subtenant given, if at all, at least eleven (11) months prior to Sublandlord’s desired termination date (in whichever case, a “Termination Notice”), either party may terminate the Expansion Subleased Sublease as of the date specified in the Termination Notice (which date, if Subtenant delivers the Termination Notice, must be at least ninety (90) days after such Termination Notice is given and, if Sublandlord delivers the Termination Notice, must be at least eleven (11) months after the Termination Notice is given, in order for such Termination Notice to be effective); provided, however, the Sublease shall terminate upon any termination of Sublandlord’s lease with Master Landlord respect to the Data Center Premises (the “Master Lease”). If a Termination Notice is insured timely and properly given pursuant to the requirements of the Sublease applicable to the Subleased Premises; immediately preceding sentence (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood acknowledged and agreed that Subtenant may deliver a Termination Notice after Sublandlord delivers a Termination Notice, in which case Subtenant’s Termination Notice shall indemnifycontrol if the date specified for termination therein is earlier than the date specified in Sublandlord’ s Termination Notice), defendthen the Sublease shall terminate at 11:59 p.m. on the day specified in Subtenant’s Termination Notice. Upon any early termination of the Sublease pursuant to this subparagraph, the same shall be surrendered on the early termination date in the same condition in which Subtenant is required to surrender the Leased Premises pursuant to Section 2.5 of the Lease, except that Subtenant shall not be required to repair or replace any stained or damaged ceiling tiles, wall coverings and hold harmless Prime Landlordfloor coverings, Sublandlord and their respective employeesunless such stain or damage to ceiling tiles, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim wall coverings or liability incurred or asserted in connection with floor coverings were the exercise result solely of Subtenant’s rights under this Section 2(b); activities in the Data Center Premises or were caused by the removal of Subtenant’s equipment, trade fixtures, furniture, supplies, wall decorations and/or other personal property.
(d) Notwithstanding anything to the contrary contained herein, if Subtenant uses the Data Center Premises or fails to perform its obligations hereunder in any manner which would permit Master Landlord to charge Sublandlord any additional sums pursuant to the Master Lease, then Subtenant shall pay such additional charges directly to Sublandlord upon receipt of written notice thereof from Sublandlord and such additional charges shall be deemed Additional Rent.
(e) The provisions of Sections 1.1(w) and (gy), 2.6, 5.3 and 9.2(a) Subtenant and Article 16 of and Exhibit B (other than Exhibit A to the Fourth Amendment) to the Original Lease, the first sentences of Sections 2.3, 4.5, 4.10(e) of the Original Lease, the First Amendment, paragraph 2 of the Second Amendment, paragraph 4 of the Third Amendment and the Fifth Amendment shall ensure that have no application to the placement of Inventory Sublease and/or the Data Center Premises. The following terms as used in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant Lease shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than meanings set forth below with respect to the payment of Expansion Rent this Sublease:
(as defined below), Subtenant shall comply i) “Premises” and/or “Leased Premises” (and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment any references thereto in the Subleased Lease) means the Data Center Premises; and;
Appears in 1 contract
Sources: Sublease (Jazz Technologies, Inc.)
Subleased Premises. a. Effective as Sublandlord hereby subleases to Subtenant, and Subtenant hereby subleases from Sublandlord, the Subleased Premises. Additionally, Subtenant is hereby granted the nonexclusive right to use the Common Areas, to the extent of Sublandlord’s rights to use of the later of June 1same pursuant to the Master Lease, 2019 or in common with other tenants in the date Project throughout the Sublandlord completes the Expansion Work Sublease Term (as defined below). Notwithstanding the foregoing or anything to the contrary elsewhere in this Sublease: (a) Sublandlord shall have exclusive use and possession of the reception area and four conference rooms adjacent to, but not a part of, the Subleased Premises, including the right to modify, reconfigure or eliminate such reception area and conference rooms (subject to Master Landlord’s rights under the “Expansion Date”Master Lease), and (b) Sublandlord and Subtenant shall each have non-exclusive use of the area shown on Exhibit A attached restrooms located in the Common Area adjacent to this Amendment, consisting of 21,420 rentable square feet the Subleased Premises (including access thereto from the “Expansion Subleased Premises”), shall be added to and deemed part ). Subtenant covenants that its use of the Subleased Premises under the Sublease. Except and Common Areas (as otherwise provided by this Amendmentpermitted herein) shall at all times comply with any and all terms, all terms conditions and conditions provisions of the Sublease applicable Master Lease and with any rules and regulations established by Master Landlord or Sublandlord from time to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, time. Subtenant shall have the right to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by secure all terms, obligations, and liabilities under the Sublease applicable to entrances into the Subleased Premises with respect subject to Master Landlord’s approval of any change to the Expansion Subleased existing security system, locks or keys and Master Landlord’s rules and regulations regarding security of the Building as Master Landlord may publish and revise from time to time. The rentable square footage of the 500 Building Master Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion and Subleased Premises is insured pursuant hereby agreed by the parties to the requirements of the Sublease applicable be as set forth in Recitals B and C above and shall not be subject to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premisesremeasurement.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; and
Appears in 1 contract
Sources: Sublease (Atreca, Inc.)
Subleased Premises. a. Effective as 2.1 Sublandlord hereby subleases to Subtenant and Subtenant hereby subleases from Sublandlord for the term at the rental, and upon all of the later conditions set forth herein, a portion of June 1, 2019 or the date Master Premises consisting of approximately thirty-five thousand three hundred seventy (35,370) square feet of Rentable Area in the Sublandlord completes the Expansion Work (as defined below) (the “Expansion Date”), the area location and configuration shown on Exhibit A A-1 attached to this Amendment, consisting of 21,420 rentable square feet hereto (the “Expansion "Subleased Premises”"), shall be added .
2.2 Sublandlord also hereby grants Subtenant the non-exclusive right to and deemed part use for their intended purposes the outside areas designated on the Site Plan as common area not intended for the exclusive use of any occupant of the Subleased Premises under Master Premises. Subtenant shall not have the Subleaseright to use any areas with the building not specifically designated as common area including, without limitation, the elevator and any interior corridors, stairways, doorways and restrooms not so designated. Except as otherwise provided by this AmendmentNotwithstanding the foregoing, all terms Subtenant shall have the right, during normal business hours, upon prior reasonable notice to Sublandlord, to use the elevator solely for the purpose of (i) moving Subtenant's equipment in and conditions out of the Sublease applicable building, and (ii) provided handicapped access to those whose are unable to use the stairwell to access the second floor of the Master Premises or to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to extent required by the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, Americans With Disabilities Act. Subtenant shall have the right to access use one hundred thirty (130) parking spaces in the Expansion location shown on the Site Plan. Subtenant shall not at any time use more parking spaces than the number so allocated to Subtenant or park its vehicles in any portion of the Master Premises not designated for the use of Subtenant.
2.3 On the Commencement Date, Sublandlord shall deliver to Subtenant the Subleased Premises early commencing on substantially in accordance with that certain space plan dated April 11, 1997 approved by Sublandlord and Subtenant and attached hereto as Exhibit C. Subtenant shall accept the date Subleased Premises in their then existing condition, "as is" and shall waive any right or claim Subtenant may have against Sublandlord arising out of the condition of the Subleased Premises. Subtenant shall promptly notify Sublandlord in writing of any deficiencies or defects that Prime Subtenant discovers in the Subleased Premises. Sublandlord shall use reasonable efforts to enforce the warranties, covenants and representations made by Master Landlord consents pursuant to Sections 14.4, 14.5 and 39 of the Master Lease, the obligation of Master Landlord to complete "punch-list" items pursuant to the terms of this Amendment by execution the Work Letter attached to the Master Lease, and delivery to Sublandlord any other obligation of a consent of Prime Master Landlord provided that: (a) other than set forth in the Master Lease with respect to the payment construction of Expansion Rent (as defined below)the Master Premises. Except for Sublandlord's obligations stated in the immediately preceding sentence, Subtenant Sublandlord shall comply and abide not be obligated to repair any defects or deficiencies in the work required to be constructed by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured Master Landlord pursuant to the requirements terms of the Sublease applicable Master Lease and Sublandlord shall not be liable for any failure by Master Landlord to perform its obligations in this regard under the Subleased Premises; (c) the sole purpose for such occupancy Master Lease. Sublandlord shall be use reasonable efforts to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) enforce any warranties contained in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, owner-contractor agreement between Sublandlord and their respective employeesDevcon Construction, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with Inc. for the exercise benefit of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; and
Appears in 1 contract
Subleased Premises. a. Effective as Sublandlord does hereby sublease to Subtenant, and Subtenant does hereby sublease and rent from Sublandlord, (i) the Space and (ii) all permanent improvements within the Space constructed by Landlord or by or on behalf of the later of June 1Sublandlord (collectively, 2019 or the date the Sublandlord completes the Expansion Work (as defined below) (the “Expansion Date”), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), shall be added to and deemed part of the Subleased Premises under the Sublease. Except as otherwise provided by this Amendment, all terms and conditions of the Sublease applicable to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access use in common with Original Sublandlord and others entitled thereto the Expansion Subleased Premises early commencing on common areas of the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured Project pursuant to the requirements of the Sublease applicable Lease. In addition, subject to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventoryterms, including, medical units (electrotherapy), bags, electrodes, covenants and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under conditions of this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrarySublease, Subtenant shall have the exclusive right to access use during the Expansion Subleased Premises early commencing on May 1, 2019, provided that: Sublease Term (a) other than with respect to the payment of Expansion Rent (as defined below), free of charge, the furniture, fixtures and equipment more particularly described on Schedule A annexed hereto and made a part hereof (the “Personal Property”) located in the Space. Subtenant shall comply and abide have no obligation whatsoever to repair, replace or maintain the Personal Property, unless any damage thereto is caused by all terms, obligations, and liabilities under the Sublease applicable to negligence or willful misconduct of Subtenant. Provided that there is no change in the size of the Subleased Premises with respect to between the Expansion date of this Sublease and the Commencement Date (defined below) (e.g., there has been no change in the size of the Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates by reason of insurance reasonably satisfactory any damage or destruction to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements or condemnation of the Sublease applicable to the Subleased Premises; ), the parties hereby (ci) stipulate that the sole purpose for such occupancy Space shall be deemed to install contain approximately 19,997 rentable square feet upon delivery of the Space by Sublandlord to Subtenant (the “Space Measurement”), (ii) agree that neither party shall have any right to dispute the Space Measurement and (iii) waive any claim in connection with the Space Measurement, regardless of whether the Space is found to have contained more or less than 19,997 rentable square feet upon delivery of the Space to Subtenant. Sublandlord represents and warrants for the benefit of Subtenant that the rentable square footage of the Space was not remeasured pursuant to Section 4 of the Second Amendment and that Sublandlord pays Base Rental for the Space under the Lease and Tenant’s furniture, fixtures, Forecast Additional Rental and equipment in Tenant’s Additional Rental for the Subleased Premises; andSpace under the Lease on the basis of the Space consisting of 19,997 rentable square feet.
Appears in 1 contract
Subleased Premises. a. Effective as Upon the terms and conditions of this Sublease, the later of June 1Sublessor hereby subleases to the Sublessee and the Sublessee hereby subleases from the Sublessor the entire New Jersey Premises located at ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, 2019 or ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ leased by the date Sublessor under the Sublandlord completes the Expansion Work (as defined below) Master Lease, legally described on attached Exhibit B (the “Expansion Date”), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), shall be added to . It is understood and deemed part of agreed that this Sublease does not include any other premises other than the New Jersey Premises which is the Subleased Premises under the this Sublease. Except as otherwise provided by this AmendmentIt is acknowledged that the following specified personal property, all terms and conditions equipment and/or improvements of the Sublease applicable to Sublessor (collectively, the “Personal Property”) remains upon the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on as of the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided thatSublease: (a) other all equipment comprising the paint line, including but not limited to the conveyor, the wash system, the paint booths, the drying ovens, paint hoppers and a burn-off oven, (b) the AC motor winder, and (c) all inventory and all movable furniture not purchased by the Sublessee, except for the furniture, files and lab equipment of the Sublessor (the “Excluded Property”) which Excluded Property only may be stored upon the Subleased Premises in an area of 35 feet by 75 feet (2,625 square feet) in the southwest corner of the warehouse, until no later than January 5, 2005. The Sublessor shall remove the Personal Property (except the Excluded Property which may remain until no later than January 5, 2005) and repair any damage caused in connection with such removal prior to the Commencement Date of this Sublease. It is understood that the Excluded Property shall be accessed by the Sublessor only at the time that such Excluded Property will be relocated to a different APW facility. If the Excluded Property is not removed from the Subleased Premises on or before January 5, 2005, the Sublessee may dispose of the Excluded Property as it so desires and the Sublessor shall reimburse the Sublessee for the reasonable cost of such disposal. It is understood that the Sublessee shall not have any liability with respect to the payment of Expansion Rent (as defined below), Subtenant Excluded Property and the Sublessee shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable not be liable for any injury to persons entering the Subleased Premises relating thereto, and the Sublessor shall indemnify and hold harmless the Sublessee with respect to any such liability. The Sublessor hereby represents and warrants that no person or entity other than the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates Sublessor has any rights to use, occupy, lease, sublease or possess any portion of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; and
Appears in 1 contract
Subleased Premises. a. Effective as Seller has made available to Buyer a true and complete copy of the later of June 1Master Lease. The Master Lease is valid, 2019 or binding, enforceable (subject to the date the Sublandlord completes the Expansion Work (as defined belowBankruptcy Exceptions) (the “Expansion Date”)and in full force and effect, the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), shall be added to and deemed part Seller enjoys peaceful and undisturbed possession of the Subleased Premises Premises. Seller is not in breach or default under the SubleaseMaster Lease, and no event has occurred or circumstance exists which, with the delivery of notice, would constitute such a breach or default, and Seller has paid all rent due and payable under the Master Lease. Except as Seller has not received nor given any notice of any default or event that with notice or lapse of time, or both, would constitute a default by Seller under the Master Lease and, to Seller’s Knowledge, no other party is in default thereof, and no party to the Master Lease has exercised any termination rights with respect thereto. Seller has not subleased, assigned or otherwise provided by this Amendment, all terms and conditions of granted to any Person (other than Buyer) the Sublease applicable right to use or occupy the Subleased Premises, other than Sections 5.3and, 5.4except as set forth in Section 3.24 of the Disclosure Schedule, 5.5Seller has not pledged, and 7.5, shall apply mortgaged or otherwise granted an Encumbrance on its leasehold interest in the Subleased Premises. In the five (5) year period immediately prior to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided thatClosing: (a) other than with respect Seller has not received any written notice of (i) except as set forth in Section 3.24(a)(i) to the payment Disclosure Schedule, violations of Expansion Rent building codes and/or zoning ordinances or other governmental or regulatory Laws affecting the Subleased Premises, (as defined below)ii) existing, Subtenant shall comply and abide by all termspending or threatened condemnation proceedings affecting the Subleased Premises, obligationsor (iii) existing, and liabilities under pending or threatened zoning, building code or other moratorium proceedings, or similar matters which could reasonably be expected to adversely affect the Sublease applicable ability of Buyer to use the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancyas currently used by Seller; (b) Subtenant shall deliver certificates neither the whole nor any material portion of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion any Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premiseshas been damaged or destroyed by fire or other casualty; and (c) the sole purpose for such occupancy shall be to store Subtenant’s inventorySubleased Premises has not been contaminated with any hazardous or toxic materials (including asbestos, includinglead-containing materials, medical units radon, radioactive materials, per- and poly-fluoroalkyl substances (electrotherapyPFAS), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(bother emerging contaminants); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion . The Subleased Premises is insured pursuant sufficient for the continued conduct of the Business after the Closing in substantially the same manner as conducted prior to the requirements Closing and constitutes all of the Sublease applicable real property necessary to conduct the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; andBusiness as currently conducted.
Appears in 1 contract
Subleased Premises. a. Effective Subject to the terms and conditions contained in this Sublease, Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor, the entire premises covered by the Master Lease as of the later of June 1, 2019 or the date the Sublandlord completes the Expansion Work (as defined below) depicted on Exhibit A hereto (the “Expansion Date”), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”); provided, however, subject to Section 29 below, Sublessor shall be added to retain for itself and deemed part of the Subleased Premises under the Sublease. Except as otherwise provided by this Amendment, all terms and conditions of the Sublease applicable to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officersinvitees, directorslicensees, memberssuccessors and assigns (and Sublessee does hereby grant to each of the foregoing) the right to non-exclusive use of all common areas, landscaped areas, sidewalks and driveways related to the Building. Moreover, subject to the terms and conditions of this Sublease, Sublessee shall have exclusive use of the service yard adjacent to Building 5 comprising approximately 2862 square feet as depicted on Exhibit A attached hereto as AREA B thereon (the “ B5 Service Yard”), and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the non-exclusive use of all common areas, landscaped areas, sidewalks and driveways related to the Building. For all purposes hereunder, the B5 Service Yard shall be treated as a part of the Subleased Premises as of the Commencement Date (as hereinafter defined). For the avoidance of doubt, Sublessee acknowledges that it has no right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) any building other than with respect the Building and Buildings 3, 4 and 6 while the Other Subleases and this Sublease are in effect. Sublessee hereby acknowledges and agrees that Building 5 consists of approximately 94,484 rentable square feet. Nevertheless, the parties agree that the foregoing approximation shall be final and binding for all purposes hereunder; and notwithstanding anything to the payment of Expansion contrary contained herein, no adjustment shall be made to the Base Rent (as defined in Section 5.1(a) below), Subtenant shall comply and abide by all terms, obligations, and liabilities under ) if the Sublease applicable actual square footage of Building 5 differs from any reference to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; andsquare footage contained herein.
Appears in 1 contract
Sources: Sublease (Sandisk Corp)
Subleased Premises. a. Effective (1) The Subtenant shall use the Subleased Premises solely for general office purposes. Sublandlord represents that the Subleased Premises may be used for such purposes without contravening any zoning or other applicable laws, by-laws and regulations. The Subtenant acknowledges that it has inspected the Subleased Premises prior to taking possession of them, that the Subleased Premises are being accepted in an “as is” condition, that the taking of the later of June 1, 2019 or the date the Sublandlord completes the Expansion Work (as defined below) (the “Expansion Date”), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), shall be added to and deemed part possession of the Subleased Premises under is conclusive evidence as against the Sublease. Except as otherwise provided Subtenant that, at the time of possession, the Subleased Premises were acceptable and that that there is no promise, representation or undertaking by this Amendmentor binding upon the Sublandlord with respect to any alteration, all terms and conditions remodelling or decoration of the Sublease applicable to Subleased Premises or the installation of equipment, fixtures or leasehold improvements in the Subleased Premises, other than Sections 5.3save and except for the following work to be done by the Sublandlord at its sole cost: • All damaged/discolored/inconsistent ceiling tiles to be replaced to match building standard; and • A general cleanup of the Premises; and • Installation of four (4) office grade doors and doorframes as shown on Schedule “A”, 5.4more specifically described as follows: Ø Door, 5.5doorframe, and 7.5, shall apply drywall installed to the Expansion ceiling (or other secure material agreed to by both parties) above doorframe to be installed between conference rooms will be badge in to Subleased Premises from common area and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed beside server room and Subleased Premises will be badge in to Subleased Premises and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed between lunchroom and Subleased Premises will be badge in from cafeteria in to Subleased Premises and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed adjacent to cafeteria separating Subtenant and Sublandlord will remain locked at all times, but will open in case of fire alarm; and • Providing access card(s) and programming access system to allow Subtenant access to the shared server room. The work listed above will be completed by the Sublandlord at least 45 days prior to the Commencement Date and available for inspection by the Subtenant.
(2) The Subtenant shall be entitled to the same parking privileges on the Expansion Datesame terms as are provided to the Sublandlord, as Tenant, under the Head Lease.
b. Notwithstanding (3) The final Basic and Additional Rent shall be subject to adjustment based on the foregoing actual Rentable Area of the Subleased Premises as determined from time to time by the Sublandlord and/or the Head Landlord’s architect in accordance with BOMA standard (ANSI/BOMA Z65.1-1996). The Subleased Premises are as shown in Schedule “A” attached hereto and forming part of this agreement. The Subtenant will have exclusive use to the contraryarea highlighted in blue; the Subtenant will have shared access to the common areas highlighted in yellow, more specifically the Entrance/Lobby, Washrooms, Cafeteria/Lunchroom, and Server Room measuring approximately 2200 square feet (collectively the “Common Areas”); the Subtenant shall will not have access to the right to access remainder (non-shaded) of the Expansion Premises which will be occupied by the Sublandlord.
(4) The Subtenant may make any necessary interior alterations and install any new leasehold improvements in the Subleased Premises early commencing on at its own expense, subject to (i) both the date that Prime Landlord consents Sublandlord’s and Head Landlord’s prior written approvals (not to be unreasonably withheld) of the Subtenant’s plans and specifications, (ii) compliance with the terms of this Amendment by execution the Head Lease, and delivery to Sublandlord of a consent of Prime Landlord provided that: (aiii) other than compliance with respect to the payment of Expansion Rent (as defined below), all applicable municipal and governmental regulations. The Subtenant shall comply use the Landlord’s contractors for the Subtenant’s work or receive specific approval of the Subtenant’s contractors from the Landlord, such approval not to be unreasonably withheld, prior to any work being conducted within the Subleased Premises. The Subtenant may remove its trade fixtures and abide chattels at the end of the Term, if it is not in default under this Sublease and subject to compliance with the terms of the Head Lease. If required by all terms, obligations, and liabilities the Head Landlord under the Sublease applicable Head Lease, the Subtenant shall demolish or remove at the end of the Term any alterations or improvements made to the Subleased Premises with respect to by the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; and
Appears in 1 contract
Sources: Sublease Agreement (Zix Corp)
Subleased Premises. a. Effective as Sublessor hereby subleases to Sublessee and Sublessee hereby subleases from Sublessor for the Term (hereinafter defined), at the Rental, and upon all of the later of June 1terms and conditions set forth in this Sublease, 2019 or the date the Sublandlord completes the Expansion Work (as defined below) (the “Expansion Date”), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 that certain office space containing approximately 12,414 rentable square feet (including approximately 1,464 of rentable feet designated as the “Expansion "ACF") more particularly described on Exhibit A (herein defined as the "Subleased Premises”"), shall be added together with all other rights, benefits and privileges of a Sublessor as tenant under the Prime Lease including, without limitation, the right of use and enjoyment in common with others, of the common areas and facilities appurtenant to and deemed part serving the Subleased Premises, and no other furniture, fixtures, machinery, equipment or other furnishings of Sublessor. The Subleased Premises comprise portions of the Science and Administration Facility (and its related parking area) (hereinafter referred to as the "Leased Property"), having a street address of ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇. Sublessor is the tenant of the Leased Property by virtue of a certain Prime Lease dated June 19, 1998 ("Prime Lease"), with Cousins Properties, Inc. ("Prime Landlord"), which is attached hereto as Exhibit B and incorporated herein by reference in its entirety. Sublessee agrees that it will occupy the Subleased Premises in accordance with the terms of the Prime Lease and will not suffer to be done or omit to do, any action which may result in a violation of or a default under any of the Subleaseterms an conditions of the Prime Lease, or render the Sublessor liable for any damage, charge or expense thereunder. Except as otherwise provided by this Amendment, This Sublease is and shall be at all times subject and subordinate to each and every one of the terms and conditions of the Prime Lease, except for those provisions of the Prime Lease which are directly contradicted by or inapplicable to the Sublease, in which event the terms of this Sublease shall control over the Prime Lease and the Sublessee shall comply with the applicable terms and provisions of the Prime Lease (e.g., the Rental amount is governed by paragraph 4 below)) which is incorporated herein by reference as though fully set forth. Sublessee's rights under this Sublease shall be contingent upon Sublessor's rights under the Prime Lease, and in the event the Prime Lease is terminated for any reason, then the Sublease shall be terminated and Sublessor shall have no liability to Sublessee as a result of said termination. Sublessor covenants that it has the right, power and authority to enter into and fulfill the obligations of this Sublease. Provided that Inhibitex is not in default hereunder, Sublessor shall take all reasonable actions and pay all monies due under the Prime Lease, in order to keep the Prime Lease in full force and effect. Nothing herein shall be construed in any way to affect the rights and obligations of the Prime Landlord, and no contractual relationship is intended hereby directly between Sublessee and Prime Landlord. Sublessor shall reasonably assist Sublessee in obtaining any consents or approvals of the Prime Landlord regarding Sublessee's signage or alterations to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities if required under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased PremisesLease.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; and
Appears in 1 contract
Sources: Sublease Agreement (Inhibitex Inc)
Subleased Premises. a. Effective as of the later of June 1, 2019 or the date the Sublandlord completes the Expansion Work (as defined below) (the “Expansion Date”), the area shown on Exhibit A attached to this Amendment, consisting of 21,420 rentable square feet (the “Expansion Subleased Premises”), shall be added to and deemed part of the Subleased Premises under the Sublease. Except as otherwise provided by this Amendment, all terms and conditions of the Sublease applicable to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents Subject to the terms of this Amendment Sublease, Sublandlord hereby subleases to Subtenant, and Subtenant hereby subleases from Sublandlord the Premises in its entirety, together with the right to exercise, in common with Sublandlord and others entitled thereto, Sublandlord’s right to use the Common Areas (as defined in the Master Lease) of the Building and the Project under the Master Lease necessary or appropriate to Subtenant’s use of the Subleased Premises, subject to the terms of the Master Lease and any rules and regulations established from time to time by execution and delivery to Sublandlord of a consent of Prime Master Landlord provided that: (a) other than with respect to the payment use of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under such Common Areas. The parties hereto agree that the Sublease applicable to sublease of the Subleased Premises is upon and subject to the terms, covenants and conditions herein set forth, and Subtenant covenants as a material part of the consideration for this Sublease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Sublease is made upon the condition of such performance. Sublandlord shall observe and perform for the benefit of Subtenant all of the obligations of “Tenant” under the Master Lease which are necessary and required to give Subtenant the benefits and rights provided by this Sublease, and which are not Subtenant’s obligations hereunder. Except as specifically set forth in this Sublease, Sublandlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Subleased Premises. Subtenant also acknowledges that neither Sublandlord nor any agent of Sublandlord has made any representation or warranty regarding the condition of the Subleased Premises, the Building or the Project or with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates suitability of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements any of the Sublease applicable to foregoing for the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise conduct of Subtenant’s rights under business, except as specifically set forth in this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Expansion Subleased Premises early commencing on May 1, 2019, provided that: (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements Sublease. The square footage of the Sublease applicable to Premises will not be re-measured at any time during the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; andterm of this Sublease.
Appears in 1 contract
Sources: Sublease Agreement (Amplitude, Inc.)
Subleased Premises. a. Effective January 16, 2006, there shall be removed from the Subleased Premises approximately 33,127 rentable square feet of space, consisting of 28,854 rentable square feet described as Area ▇▇. ▇▇ ▇▇▇ ▇▇▇▇ ▇▇. ▇▇ in the Sublease, comprising the entire second floor of the later Building, together with approximately 4,273 rentable square feet on the first floor of June 1, 2019 or the date the Sublandlord completes the Expansion Work (as defined below) (the “Expansion Date”)Building located in Area 1A, the area shown first floor space being depicted on Exhibit A attached to this Amendmenthereto (collectively, consisting of 21,420 rentable square feet (the “Expansion Subleased PremisesDeleted Space”). After removal of the Deleted Space, shall be added to and deemed part of the Subleased Premises under the Subleaseshall be deemed to consist of 76,984 rentable square feet. Except as The Deleted Space shall be delivered by Subtenant to Sublandlord no later than January 16, 2006, in a broom-clean, but otherwise provided by this Amendment, all terms and conditions of the Sublease applicable to the Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Expansion Subleased Premises on the Expansion Date.
b. Notwithstanding the foregoing to the contrary, “AS-IS,” condition. Subtenant shall have the right remove all furniture, office equipment and any other personal property, including all security cameras (subject to access the Expansion Subleased Premises early commencing on the date that Prime Landlord consents obtaining Master Landlord’s consent to the terms of this Amendment by execution and delivery to Sublandlord of a consent of Prime Landlord provided that: (a) other than with respect to the payment of Expansion Rent (as defined belowsuch removal), Subtenant shall comply and abide by all terms, obligations, and liabilities under currently located within the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to store Subtenant’s inventory, including, medical units (electrotherapy), bags, electrodes, and batteries, and similar items (“Inventory”) in the Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Expansion Subleased Premises; (e) Deleted Space. Sublandlord shall have the right to have use, in common with others entitled thereto, Common Areas in the Building associated with or convenient for use of the Deleted Space.
b. Within the second floor space of the Deleted Space, Subtenant shall be permitted to place its representative(s) escort wiring and supervise Subtenant’s entry into the Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor cabling within those electrical closets, wiring closets and cabling rooms depicted on Exhibit B hereto in locations and quantities as reasonably determined by Sublandlord. Further, Sublandlord shall have any liability whatsoever with respect permit Subtenant access to Subtenant’s rights under this Section 2(b) it being understood the said closets/rooms to maintain, repair and agreed that inspect its wiring and cabling at reasonable times as requested by Subtenant shall indemnify, defend, and hold harmless Prime Landlord, Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premisesupon reasonable notice to Sublandlord.
c. Notwithstanding the foregoing to the contrary, Subtenant shall have Sublandlord reserves the right to use cooperatively with Subtenant on a non-exclusive basis the Building loading dock for both shipping and receiving, as well as reasonable access through the Expansion Subleased Premises early commencing (the location to be reasonably determined by Subtenant) sufficient to transport office and construction equipment between the loading dock and the Building elevators.
d. Sublandlord reserves (i) the right of access in all stairways and elevators between those portions of the Building not within the Subleased Premises and the Building rooftop, (ii) the right to install and maintain additional mechanical equipment on May 1the Building rooftop reasonably necessary to serve those portions of the Building not within the Subleased Premises, 2019(iii) the right to use existing mechanical and electrical risers, provided that: shafts, sleeves and penetrations between Sublandlord’s spaces within the Building and the Building rooftop, which right shall be shared with Subtenant.
e. Section 1 of the Sublease is hereby amended to reflect these changes contained in (a) other than with respect to the payment of Expansion Rent (as defined below), Subtenant shall comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to the Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; - (c) the sole purpose for such occupancy shall be to install Subtenant’s furniture, fixtures, and equipment in the Subleased Premises; andabove herein.
Appears in 1 contract