Common use of The Premises Clause in Contracts

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.

Appears in 2 contracts

Sources: Lease (Decipher Biosciences, Inc.), Lease (Decipher Biosciences, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline outlines of each floor of the Premises is are set forth in Exhibit A attached hereto and each floor of the Premises has the number of rentable square feet as set forth in Exhibit A-1 attached hereto. The outline No later than March 31, 2018, Tenant shall deliver written notice (the “Phase Designation Notice”) to Landlord, for Landlord’s reasonable approval, of Tenant’s proposed location and size of each Phase of the “Building” Premises, subject to the rentable square footage requirements set forth in Section 2.2 of the Summary, and further provided that each Phase shall consist primarily of full floor increments of space. Concurrently with Tenant’s delivery of the Phase Designation Notice, Tenant shall provide any additional amount required to be provided to Landlord as payment for the first month of Base Rent applicable to the Phase I Premises as set forth in Section 3.1 below. Notwithstanding the March 31, 2018 deadline set forth above, after Tenant’s delivery of the Phase Designation Notice, prior to the earlier of the Phase I Lease Commencement Date and Tenant’s submittal of the Final Working Drawings (as defined in the Work Letter) for the Phase I Premises to Landlord for approval, Tenant shall have the right to modify Tenant’s proposed location and size of each Phase of the Premises as set forth in the Phase Designation Notice, subject to the rentable square footage requirements set forth in Section 2.2 of the Summary, and further provided that each Phase shall continue to consist primarily of full floor increments of space (and Tenant shall have the right to make a similar adjustment with respect to the proposed location and size of the Phase II Premises and the “Project,” as those terms are defined in Section 1.1.2 belowPhase III Premises prior to Tenant’s submittal of the Final Working Drawings for the Phase II Premises). Following determination of the location of each Phase, are further depicted on Landlord and Tenant shall promptly execute an amendment to this Lease setting forth the Site Plan attached hereto as Exhibit A-1location and rentable square footage of each Phase, the Base Rent schedule for each Phase, and Tenant’s Share with respect to each Phase. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the Buildings only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building Buildings or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B..

Appears in 2 contracts

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

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, subject Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Section 1.1.4 Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any punch list items identified pursuant such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit B.D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease term.

Appears in 2 contracts

Sources: Consent to Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises (the “Premises”) which are set forth in Section 2.2 3 of the Summary of Basic Lease Information above (the “PremisesSummary”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline Landlord and Tenant hereby acknowledge and agree that the rentable square footage of the “Building” and the “Project,” Premises shall be deemed to be as those terms are defined set forth in Section 1.1.2 below, are further depicted on 3 of the Site Plan attached hereto as Exhibit A-1Summary and that the same shall not be subject to re-measurement or modification. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.31.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.21.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”)Lease, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the PremisesPremises or occupancy thereof by Tenant. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s businessbusiness and Tenant shall accept the Premises in its “as is” condition of the Commencement Date, except as specifically set forth in this Lease and the Tenant Work LetterLease. The taking of possession of the Premises by Tenant shall conclusively establish that that, except for latent defects, the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding the foregoing, subject Landlord, at its sole cost and expense, shall commence and use commercially reasonable efforts to Section 1.1.4 complete the work necessary to address certain repair items in the Premises as more fully described in Exhibit C, attached hereto and any punch list items identified pursuant made a part hereof (“Initial Repair Items”) within thirty (30) days after the Commencement Date, provided that if the Initial Repair Items cannot reasonably be completed within such thirty (30) day period, Landlord shall diligently commence such work within such period and shall thereafter diligently proceed to Exhibit B.complete such work.

Appears in 2 contracts

Sources: Office Lease (Xenith Bankshares, Inc.), Office Lease (Xenith Bankshares, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and each portion of the “Building” and Premises has the “Project,” number of rentable square feet as those terms are defined set forth in Section 1.1.2 below, are further depicted on 2.2 of the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Tenant shall accept the Premises in its existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking Subject to Landlord’s ongoing maintenance and repair obligations expressly set forth in this Lease, the commencement of possession of business operations from the Premises by Tenant shall otherwise conclusively establish that the Premises and the Building were at such time in good and sanitary satisfactory order, condition and repair. In connection with the anticipated delivery dates set forth in Section 3.2 of the Summary, subject in the event Landlord anticipates that Landlord shall be able to Section 1.1.4 deliver any portion of the Premises prior to the anticipated dates, Landlord shall provide at least ninety (90) days prior written notice thereof to Tenant, provided that in no event shall the delivery dates for the Suite 800 Premises, the Suite 700 Premises, or the Suite 200 Premises occur prior to the respective anticipated delivery dates set forth in Sections 3.2.1, 3.2.2 and any punch list items identified pursuant to Exhibit B.3.3.3

Appears in 2 contracts

Sources: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A A-1 attached hereto. The outline hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A A-1 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” ”, as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”)Lease, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant shall accept the Seventh Floor Premises and Tenth Floor Premises, as those terms are defined in Section 2.2 of the Summary, in its “as-is” condition as of the Delivery Date. Tenant shall accept the Fifth Floor Premises, as that term is defined in Section 2.2 of the Summary, in its “as-is” condition as of the Fifth Floor Premises Delivery Date Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant▇▇▇▇▇▇’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B..

Appears in 2 contracts

Sources: Office Lease (Figma, Inc.), Office Lease (Figma, Inc.)

The Premises. 1.1.1 Subject to the terms and conditions set forth in this Lease, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises from Landlord. Tenant acknowledges and agrees that this Lease is set forth in Exhibit A attached hereto. The outline made upon the condition that Tenant will perform each of the “Building” its obligations hereunder and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease Tenant’s agreement to perform each of the Premises such obligations is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease Lease. The parties acknowledge that Exhibit A is intended only to keep show the outline and perform each and all general location of such termsthe Premises, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is does not meant to constitute an agreement, representation or warranty as to the construction or precise area of the Premises, the precise area thereof Building or the Property, as to the specific location or elements of the Property, including the Building or the “Common Areas,(as defined below) or as to the access ways to the Premises, the Building or the Property. Prior to lease execution, the parties confirmed the usable square footage of the Phase I Premises, which confirmation is binding and conclusive on the parties and shall not be subject to challenge. At the earliest feasible time but no later than the Phase II Commencement Date, Landlord shall have the Approved Working Drawings for Landlord’s Phase II Work (excluding the Roof Deck) measured by ▇▇▇▇▇▇▇▇▇ Systems (or if not in business for any reason at the time the Phase II Measurement Report [as hereinafter defined] is required, then another third party BOMA measurer reasonably agreed to by Landlord and Tenant), who shall measure the usable square footage using the BOMA Standard and issue a report confirming such findings (the “Phase II Measurement Report”). To account for the 12% load factor stipulated by the Landlord and Tenant, the rentable square footage of the Phase II Premises shall be 112% of such usable square footage (rounded to the nearest square foot). The Phase II Measurement Report shall be subject to verification by Tenant’s Architect (as hereinafter defined). If Tenant’s Architect does not agree with the Phase II Measurement Report (which objection must be made by Tenant within thirty (30) days after receipt of the Phase II Measurement Report), Tenant’s Architect shall submit its own measurement report using the BOMA Standard (the “Tenant Measurement Report”), and Landlord and Tenant shall then mutually select a third party impartial architect (whose fee shall be split equally between Landlord and Tenant) to decide if the Phase II Measurement Report or the Tenant Measurement Report is more accurate. Such third party architect may only choose one of the two reports, and its conclusion as to which of the reports is more accurate shall be binding and conclusive on the parties. Solely by way of example, if the Phase II Measurement Report (or Tenant Measurement Report, if such report prevails pursuant to the provision above) determined the usable square footage of the Phase II Premises was 25,000 square feet, the rentable square footage would factor in a 12% load factor, for a final rentable square footage of 28,000, and assuming the Base Rent per rentable square foot per month of the Phase II Premises is then $3.15; the monthly Base Rent for the Phase II Premises would then be $88,200.00 ($3.15 x 28,000 rentable square feet). On the Phase II Commencement Date, Base Rent shall commence for the Phase II Premises (subject to the abatement periods set forth in Exhibit D) and the Base Rent per rentable square foot of the Phase II Premises shall always be the same as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways Phase I Premises (except that, pursuant to the Premises or the “Project,” as that term is defined in Section 1.1.2Exhibit D, below. abatements of such Base Rent will likely occur during different time periods). 1.1.2 A. Except as specifically set forth in this Lease Lease, including, without limitation, in Exhibits B and B-1, the Premises shall be accepted by Tenant in their “AS-IS” condition and configuration as of the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”)Effective Date, without any obligation of Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made , the Building or the Property and without any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any other portion of the foregoing Property, their suitability for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and business or any punch list items identified pursuant to Exhibit B.zoning ordinances or other

Appears in 2 contracts

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

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and each floor or floors of the “Building” and Premises has the “Project,” number of rentable square feet as those terms are defined set forth in Section 1.1.2 below, are further depicted on 2.2 of the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Landlord and Tenant covenants each covenant as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performanceperformed. The parties hereto hereby acknowledge that the purpose of Exhibit Exhibits A and A-1 is to show the approximate location of the Premises and the Must-Take Space in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways access-ways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The Subject to Landlord’s repair and maintenance obligations set forth in Article 7 of this Lease, below, and the terms and provisions of the Work Letter, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject only to (i) the provisions of this Section 1.1.4 1.1.1, (ii) latent defects brought to Landlord’s attention in writing within one (1) year following Landlord’s delivery of the Premises to Tenant, and (iii) Landlord’s ongoing obligations set forth in Sections 1.1.3 and 29.33, and Articles 7 and 24 of this Lease. Notwithstanding anything to the contrary set forth in this Lease, Landlord shall, at Landlord’s sole cost and expense, deliver the Premises to Tenant with the “Building Structure” (as that term is defined in Section 7.1 below) and the “Building Systems” (as that term is defined in Section 7.1, below) serving and within the Premises, in good working condition and repair and in material compliance with all “Applicable Laws” (as that term is defined in Article 24 of this Lease) in effect as of the date of the delivery of the Premises by Landlord to Tenant, and Landlord covenants that (A) such Building Systems have recently been operated, (B) such Building Systems have been regularly serviced, and (C) such Building Systems and the Building’s roof have a remaining useful life extending beyond the initial Lease Term (and if any punch list items identified pursuant of the same need to Exhibit B.be replaced during the initial Lease Term for any reason other than (x) Tenant’s over-standard use of the same, in which case the provisions of Section 6.2 of the Lease shall apply; or (y) Tenant’s failure to properly maintain the same in accordance with Article 7 of this Lease; or (z) as permitted by Section 4.2.4(xiii)(A) or (B), the cost shall be paid by Landlord and not included in Operating Expenses). If, within the first twelve (12) months of the initial Lease Term, it is discovered that Landlord failed to deliver the Premises in compliance with the obligations listed in the immediately preceding sentence, then Landlord shall, at its sole cost and expense, make any repairs and/or replacements necessary to put the Building Systems and Building Structure serving the Premises in the condition required by the immediately preceding sentence.

Appears in 2 contracts

Sources: Sublease Agreement (Mast Therapeutics, Inc.), Office Lease (Santarus Inc)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "Premises"). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the "Building" and the "Project," as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant and Landlord each covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work Letter, and except that Landlord shall deliver the Premises in broom-clean condition and shall cause the mechanical, plumbing, electrical, fire sprinkler and life safety, lighting, air conditioning and heating systems and all other building systems serving the Premises, including the roof membrane (collectively, the “Building Systems”) and the roof and floor slab of the Building to be in good operating condition and repair as of the Lease Commencement Date. The taking commencement of possession of business operations from the Premises by Tenant shall conclusively presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything in this Lease to the contrary, subject in connection with the foregoing Landlord shall, at Landlord's sole cost and expense (which shall not be deemed an "Operating Expense," as that term is defined in Section 4.2.4), repair or replace any failed, defective or inoperable portion of the Building Systems serving the Premises, the roof and the floor slab of the Building during the first twelve (12) months of the initial Lease term ("Warranty Period"), provided that the need to Section 1.1.4 repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with Tenant (collectively, " Tenant Damage"), or by any modifications, Alterations or improvements constructed by or on behalf of Tenant. Landlord shall coordinate such work with Tenant and any punch list items identified shall utilize commercially reasonable efforts to perform the same in a manner designed to minimize interference with Tenant's use of the Premises. To the extent repairs which Landlord is required to make pursuant to Exhibit B.this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. Landlord will be responsible, at its sole cost (and without pass through to Tenant as Operating Expenses or otherwise), for causing the Base Building, exterior of the Building, the existing Building entrances, and all exterior Common Areas (including required striping and handicapped spaces in the parking areas) to be in compliance with Applicable Laws, to the extent required to allow the legal occupancy of the Premises or the commencement and/or completion of the Tenant Improvements. Notwithstanding the foregoing, any process utilities shall be provided without warranty, in their currently existing, "as-is" condition.

Appears in 2 contracts

Sources: Sublease (Pulmonx Corp), Sublease (Pulmonx Corp)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking Landlord shall deliver the Premises to Tenant in good, vacant, broom clean condition, and otherwise in the same condition as of possession the date of this Lease, in compliance with all Applicable Laws, with the roof water-tight and shall cause the plumbing, electrical systems, fire sprinkler system, lighting, and all other building systems serving the Premises, including the Generator, in good operating condition and repair on or before the Lease Commencement Date, or such earlier date as Landlord and Tenant mutually agree. Landlord will be responsible for causing the exterior of the Building, the existing Building entrances, and all exterior Common Areas (including required striping and handicapped spaces in the parking areas) to be in compliance with ADA and parking requirements, to the extent required to allow the legal occupancy of the Premises by or completion of the Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.Improvements.

Appears in 2 contracts

Sources: Lease (Annexon, Inc.), Lease (Annexon, Inc.)

The Premises. 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord Landlord, the premises set forth Premises designated in Section 2.2 the Summary of Basic Lease Information (“Summary”) attached hereto, and which is more particularly described and outlined on the floor plan attached hereto and marked Exhibit A, all of which is incorporated herein by this reference. The Premises is located in the building at the address designated in the Summary (the “PremisesBuilding”), and located on the parcel of real property (the “Site”) under the Building. The outline Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Premises is set forth Premises, Building, or Site except as specifically stated in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1this Lease. The parties hereto agree that the lease of the Premises said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants and Landlord covenant as a material part of the consideration for this Lease to keep and perform each and all of such said terms, covenants and conditions by it to be kept and performed performed, and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge . 1.2 Tenant shall have the nonexclusive right to use in common with other tenants in the Building, subject to the reasonable discretion of Landlord to determine the manner in which the public and common areas are maintained and operated, the loading and unloading areas, roadways, sidewalks, walkways, parkways, and driveways appurtenant to the Building Premises (“Common Areas”). 1.3 Landlord reserves the rights from time to time as set forth below provided that Landlord shall use commercially reasonable efforts with respect to the purpose exercise of Exhibit A is any and all such rights so as not to show interfere with Tenant’s use of or access to the approximate location Premises: (a) To remove, install, reinstall, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Premises onlyBuilding above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and such Exhibit is not meant to constitute an agreementrelocate any pipes, representation ducts, conduits, wires and appurtenant meters and equipment included in the Premises which ‘are located in the Premises or warranty as to the construction of located elsewhere outside the Premises, and to expand the precise area thereof or Building; (b) To make changes to the specific location Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic and walkways; (c) To close temporarily any of the Common Areas,” Areas for maintenance purposes so long as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways reasonable access to the Premises remains available; (d) To use the Common Areas at any time, including, but not limited to, while engaged in making additional improvements, repairs or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related alterations to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor Building, or any agent of Landlord has made any representation or warranty regarding the condition of the Premisesportion thereof; and/or (e) To do and perform such other acts and make such other changes in, the Building or the Project to or with respect to the suitability Site, Common Areas and Building including, without limitation, the roof and windows of the Building as Landlord may, in the exercise of Landlord’s reasonable business judgment, deem to be appropriate. Except in the case of emergency, Landlord will use reasonable efforts to perform any work described in this Paragraph 1.3 which might be disruptive only on weekends or during periods after business hours to the extent reasonably practicable (the cost of any and all such work including, without limitation, overtime costs incurred by Landlord in connection therewith may be included in Common Operating Expenses, subject to the limitations set forth in Article 6 below). To the extent that Landlord installs, maintains, uses, repairs or replaces pipes, cables, ductwork, conduits, utility lines, and/or wires through hung ceiling space, exterior perimeter walls and column space, adjacent to and in demising partitions and columns, in or beneath the floor slab or above, below, or through the Premises, then in the course of making any such installation or repair: (x) Landlord will not reduce Tenant’s usable space, except to a de minimus extent, if the same are not installed behind existing walls or ceilings; and (y) Landlord shall box in any of the foregoing for same installed adjacent to existing walls with construction materials substantially similar to those existing in the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession affected area(s) of the Premises Premises. 1.4 Tenant acknowledges that certain furniture, fixtures and equipment owned by Tenant shall conclusively establish Landlord may be located within the Premises, and that the Premises currently contains certain data communication cabling within the wall and ceiling. All of such personal property and cabling owned by Landlord shall remain at the Building were Premises and Tenant shall have the right to use all of the same during the, Term. Tenant shall have access to available space in the riser closet and shall be responsible for taking service to the floors occupied by Tenant. Tenant may install additional cabling and conduits at such time its sole cost and expense subject to Landlord’s reasonable prior approval as provided herein. Upon expiration or earlier termination of the Term, Tenant shall return all of the original personal property to Landlord in good and sanitary order, condition and repair, subject to Section 1.1.4 normal wear and tear and casualty. On or about the Early Access Date, Landlord and Tenant shall jointly conduct an inspection of the existing personal property located within the Premises, so as to create an inventory of such personal property and the condition of such personal property, in order to establish “baseline” for determining the appropriate condition of such property upon return to Landlord. 1.5 The rights and obligations of the parties regarding the tenant improvements, alterations or construction of the Premises to be performed at the commencement of the Term are described in the Tenant Work Letter (“Work Letter”) attached to this Lease as Exhibit B. Any inconsistency between the provisions of the Work Letter and the provisions of the balance of this Lease shall be governed by the provisions of the Work Letter. 1.6 References in this Lease to “rentable square feet”, “rentable square footage” and “rentable area” shall have the same meanings, and Tenant hereby acknowledges and agrees that the rentable square footage of the Premises shall be deemed, and is, 45,032 rentable square feet, and the rentable square footage of the Building shall be deemed, and is, 46,752 rentable square feet. Landlord represents that the foregoing square footage determinations were the result of a measurement made of the Building and the Premises in accordance with BOMA Standard (i.e., the American National Standard method of measuring floor area in office buildings of the Building Owners and Managers Association (ANSI Z65.1 -2010)). The parties agree that the 45,032 rentable square foot measurement of the Premises and the 46,752 rentable square foot measurement of the Building shall not be changed, and no adjustment in the Monthly Basic Rent, any punch list items identified pursuant to Exhibit B.monetary or other obligation of Tenant, or any other term of this Lease shall be made by reason of a change in the rentable square footage of the Premises or the Building except in connection with a physical change in the size of the Premises (and, in the event of any such physical change in the size of the Premises, any remeasurement necessitated thereby shall be carried in accordance with the BOMA Standard).

Appears in 2 contracts

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

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. For purposes of Section 1938 of the California Civil Code, subject Landlord hereby discloses to Section 1.1.4 Tenant, and any punch list items identified pursuant to Exhibit B.Tenant hereby acknowledges, that the Project, Building and Premises have not undergone inspection by a Certified Access Specialist (CASp).

Appears in 2 contracts

Sources: Lease (Inhibrx, Inc.), Lease (Benitec Biopharma LTD/ADR)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and each floor or floors of the “Building” and Premises has the “Project,” number of rentable square feet as those terms are defined set forth in Section 1.1.2 below, are further depicted on 2.2 of the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or · pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Subject to Landlord’s reasonable access control systems and procedures, subject the “Rules and Regulations,” as that term is defined in Section 5.2, below, and the terms of this Lease, Landlord shall allow Tenant access to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.the Premises twenty-four (24) hours per day, seven (7) days per week.

Appears in 2 contracts

Sources: Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (Jaguar Animal Health, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the premises rentable square footage of the Premises is as set forth in Section 2.2 1.2.2 and the rentable square footage of the Summary (the “Premises”). The outline of the Premises Building is as set forth in Section 1.6. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit A attached hereto. The outline C, as a confirmation of the “Building” information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within ten (10) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein (including, without limitation, with respect to the Landlord’s obligation to perform the Tenant Improvements and the “Project,” as those terms are defined Initial Landlord Work in Section 1.1.2 below, are further depicted on accordance with the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”B), the Premises is accepted by Tenant in its condition and configuration existing on the date hereof, without any obligation of Landlord shall not be obligated to provide perform or pay for any improvement work or services related alterations to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made , and without any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the their suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The By taking of possession of the Premises by pursuant to this Lease, Tenant shall conclusively establish acknowledges that the Premises and the Building were at such time are then in good and sanitary order, the condition and repairconfiguration required hereunder. Notwithstanding the foregoing, subject (a) within 15 days after substantial completion of the Tenant Improvement Work (defined in Exhibit B), Landlord and Tenant shall jointly inspect the Premises and prepare a “punch list” identifying any portions of the Tenant Improvement Work that do not comply with Landlord’s obligations under Exhibit B; and (b) Landlord, as part of the Tenant Improvement Work, shall use good faith efforts to Section 1.1.4 and any correct all such items within a reasonable period of time after preparation of such punch list items identified pursuant to Exhibit B.list.

Appears in 2 contracts

Sources: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary ({the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and each floor or floors of the “Building” and Premises has approximately the “Project,” number of rentable square feet as those terms are defined set forth in Section 1.1.2 below, are further depicted on 2.2 of the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the ‘Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.31.1.2, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease Lease, Tenant shall accept the Premises and the Building in the Tenant Work Letter attached hereto their “AS-IS” condition as Exhibit B of Ready for Occupancy Date (the “Tenant Work Letter”as defined below), and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any no representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease. Notwithstanding the foregoing, subject to Force Majeure and availability of materials, promptly after full execution and delivery of this Lease by Landlord and Tenant, Landlord shall, in accordance with all Laws, in a good and workmanlike manner and using Building-standard materials only, perform the following work in the Premises in accordance with the plans set forth in Exhibit B attached hereto {collectively, “Landlord’s Work”): (i) new paint on the walls of the interior of the Premises; (ii) installation of new flooring throughout the Premises, (iii) refinishing of the millwork in the break room, (iv) installation of dividing wall; (v) installation of a glass door for conference room area; and (vi) removal of a demising wall. The costs associated with the LVT flooring in the entry area and with items (v) and (vi) shall be the responsibility of Tenant and shall be paid by Tenant to Landlord on or before the Effective Date. Upon substantial completion of Landlord’s Work, Landlord shall notify Tenant, and the Premises shall be deemed ready for Tenant’s possession the first business day following the delivery of Landlord’s notice to Tenant (“Ready for Occupancy Date”). Landlord shall deliver the Premises to Tenant with Landlord’s Work Lettersubstantially complete and otherwise in good, vacant, broom clean condition, with all Building systems in good working order, and in compliance with all Laws. The taking of possession Tenant’s acceptance of the Premises by shall not be deemed a waiver of Tenant’s right to have defects in Landlord’s Work repaired at no cost to Tenant. Tenant shall conclusively establish that the Premises give notice to Landlord whenever any such defect becomes reasonably apparent, and the Building were at Landlord shall repair such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.defect as soon as practicable.

Appears in 2 contracts

Sources: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and each floor of the “Building” and Premises has the “Project,” number of rentable square feet as those terms are defined set forth in Section 1.1.2 below, are further depicted on 2.2 of the Site Plan attached hereto as Exhibit A-1Summary (which shall not be subject to re-measurement or modification). The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants and Landlord each covenant as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Tenant shall accept the Premises in their existing, “as is” condition, and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking Except when and where Tenant’s right of possession access is specifically excluded as the result of the Premises (i) an emergency, (ii) as required by “Applicable Laws,” as that term is defined in Article 24 of this Lease, or (iii) a specific provision of this Lease, Tenant shall conclusively establish that have the Premises right of ingress and egress to the Premises, the Building, and the Building were at such time in good and sanitary orderProject parking areas twenty-four (24) hours per day, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.seven (7) days per week on each day during the Lease Term.

Appears in 2 contracts

Sources: Office Lease (Apptio Inc), Office Lease (Apptio Inc)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A 2.2, attached hereto. The outline hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A Exhibits 2.2 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth Tenant shall accept the Premises in this Lease its presently existing “as-is” condition and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, Premises except as specifically otherwise expressly set forth in this Lease and or in the Tenant Work LetterLetter attached hereto as Exhibit 5. The taking Premises shall exclude Common Areas, including without limitation exterior faces of possession exterior walls, the entry, vestibules and main lobby of the Premises by Tenant shall conclusively establish that Building, elevator lobbies and common lavatories, the Premises common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.Building.

Appears in 2 contracts

Sources: Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and each floor or floors of the “Building” and Premises has the “Project,” number of rentable square feet as those terms are defined set forth in Section 1.1.2 below, are further depicted on 2.2 of the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2 below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, 1.1.3 below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.21.1.2 below. Landlord shall cause those portions of the Building systems located within and exclusively serving the Premises to be, belowas of the Commencement Date, in good working order and condition; provided, however, that the foregoing shall not imply any representation or warranty as to the useful life of such systems. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”)Lease, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work LetterLease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B..

Appears in 2 contracts

Sources: Sublease Agreement (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except Tenant hereby acknowledges that Tenant is presently occupying the Premises pursuant to that certain Lease Agreement, dated as of March 7, 2003, by and between ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Inc., predecessor-in-interest to Landlord, and Tenant (the “Existing Lease”), which Existing Lease is scheduled to expire on January 31, 2010. Therefore, except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Tenant shall, on and after the Lease Commencement Date, continue to accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B..

Appears in 1 contract

Sources: Office Lease (Opentv Corp)

The Premises. Landlord hereby leases to Tenant and Tenant ------------ hereby leases from Landlord the premises set forth in Section 2.2 6.3 of the Summary ----------- (the "Premises"). The outline of Site Plan, Exterior Elevations and Schematic Plans for the Premises is set forth in are attached as Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the --------- lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Plans attached as Exhibit A is to show shall not be --------- changed in any material way without Tenant's consent, which Tenant shall not unreasonably withhold. Exhibit A also shows the approximate location of Building --------- and the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, 1.1.3 ------------- below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”)Lease, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work LetterLease. The Upon taking of possession of the Premises by Premises, Tenant shall conclusively establish that determine whether the Premises and the Building were at such time are in good and sanitary order, condition and repair, subject . Tenant shall inform Landlord within forty-five (45) days of taking occupancy of its initial "punch list" of items needing repair. Failure to Section 1.1.4 and any place a defect on the initial punch list items identified pursuant to Exhibit B.shall not affect Landlord's obligations under Section 1.4

Appears in 1 contract

Sources: Office Lease (Trinet Group Inc)

The Premises. (A) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the premises set forth in Section 2.2 term and upon the terms, conditions, covenants and agreements hereinafter provided, the space deemed to be 3,043 square feet, located on the first (1st) floor of the Summary Building (such space being hereinafter referred to as the “Premises”). The outline Premises are known as Suite 130 and outlined on Exhibit A attached hereto and made a part hereof. The lease of the Premises is includes the right, together with other tenants of the Building and members of the public, to use the unreserved common public areas of the Building, but includes no other rights not specifically set forth herein; it being understood and agreed that Tenant’s right to use the common public areas of the Building includes the surface parking areas of the Building, including two (2) parking spaces designated for Tenant’s use on a reserved basis. Such parking shall be free of charge, but nothing herein shall preclude the inclusion of any costs and expenses in Operating Expenses (as defined below). (B) Tenant shall accept the Premises “as is” on the Lease Commencement Date (as defined below); it being understood that any tenant work or refurbishment work within the Premises for Tenant’s use and occupancy thereof (“Tenant Work”), including the Tenant Work undertaken prior to or in conjunction with the commencement of this Lease (the “Initial Tenant Work”) will be undertaken by Tenant at its cost and expense, subject to the cash allowance to be provided by Landlord as more fully provided below. Upon the full execution and delivery of this Lease by Landlord and Tenant, Tenant, its employees, agents and contractors, may enter upon the Premises at reasonable times for the purpose of installing Landlord-approved tenant work undertaken pursuant to Article 7 below, cabling and systems furniture, and repainting and recarpeting the Premises; provided, however, that such pre-Lease Commencement Date entry by Tenant shall be upon the terms and conditions of this Lease, including Tenant’s indemnification of Landlord pursuant to Paragraph 11(f) below, and excluding only Tenant’s obligation to pay rent; and provided further that any such pre-Lease Commencement Date entry by Tenant will not interfere with or unreasonably delay Landlord in any construction activity within the Building. The parties acknowledge, and the Landlord agrees, subject to receipt and review of finished plans and specifications, that the Tenant may commence and complete the work set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan C that is attached hereto as Exhibit A-1and made a part hereof, but shall not be required to commence such work. The parties hereto agree that Promptly following the lease of the Premises is upon Lease Commencement Date and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part completion of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of Initial Tenant Work within the Premises onlyundertaken by Tenant, Landlord shall pay to Tenant, on the following terms and conditions, a cash allowance of up to Twenty-Two Thousand Six Hundred Ninety-Five and 00/100 Dollars ($22,695.00) (the “Cash Allowance”) to reimburse Tenant for the cost and expense incurred by Tenant in performing any such Exhibit is not meant to constitute an agreement, representation tenant work or warranty as to the construction of refurbishment work within the Premises, inclusive of any architectural, engineering and permit fees incurred, and as inducement to enter into this Lease. Tenant shall submit to Landlord a requisition statement, with supporting invoices representing the precise area thereof cost of such tenant work or refurbishment work, together with evidence of payment thereof. Landlord shall have the specific location right to verify all such invoices, and after inspection and approval by Landlord of the “Common Areas,” as that term is defined in Section 1.1.3any such tenant work or refurbishment work, below, which approval shall not be unreasonably withheld or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”)delayed, Landlord shall not be obligated pay to provide or pay for any improvement work or services related Tenant an amount equal to the improvement of approved requisition sum, not to exceed the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.Cash Allowance.

Appears in 1 contract

Sources: Office Lease (Alliance Bankshares Corp)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking Landlord shall deliver the Premises to Tenant fully decommissioned, in good, vacant, broom clean condition, and otherwise in substantially the same condition as of possession the date of this Lease, in compliance with all laws, with the roof water-tight and shall cause the backup generator, roof and roof membrane, and the plumbing, electrical systems, fire sprinkler system, lighting, heating, ventilation, air conditioning (“HVAC”) and all other building systems serving the Premises to be in good operating condition and repair , and with all required occupancy permits (or equivalent final permit signoffs) relating to the Base Building, and with Tenant Improvements substantially complete and the Premises “Ready For Occupancy” (as defined in Exhibit B) on or before the Lease Commencement Date. Notwithstanding anything in this Lease to the contrary, in connection with the foregoing Landlord shall, at Landlord’s sole cost and expense (which shall not be deemed an “Operating Expense,” as that term is defined in Section 4.2.4), repair or replace any failed or inoperable portion of the HVAC systems serving the Premises to cause the same to be in good working order and repair during the first three (3) years of the initial Lease term (“Warranty Period”), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with Tenant (collectively, “Tenant Damage”), or by any modifications, Alterations or improvements (other than the Tenant Improvements) constructed by or on behalf of Tenant. Landlord shall coordinate such work with Tenant and shall utilize commercially reasonable efforts to perform the same in a manner designed to minimize interference with Tenant’s use of the Premises. To the extent repairs which Landlord is required to make pursuant to this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. Landlord will be responsible for causing the exterior of the Building, the existing Building entrances, and all Common Areas (including required striping and handicapped spaces in the parking areas) to be in compliance with Applicable Laws, to the extent required to allow the legal occupancy of the Premises or completion of the Tenant Improvements, except to the extent required by permitting of the Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.Improvements alone.

Appears in 1 contract

Sources: Lease (Dynamics Special Purpose Corp.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and each floor or floors of the “Building” and Premises shall have approximately the “Project,” number of rentable square feet as those terms are defined set forth in Section 1.1.2 below, are further depicted on 2.2 of the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Landlord and Tenant covenants each covenant as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Landlord and Tenant acknowledge that Tenant has been occupying the Suite 100/200 Premises pursuant to the Suite 100/200 Sublease (obviating any need for Landlord to “deliver” the Suite 100/200 Premises), and Tenant shall continue to accept the Suite 100/200 Premises in its currently-existing, “as is” condition. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Additional Premises by Tenant shall conclusively establish that such portions of the Premises and the Building were at such time in good and sanitary order, condition and repair, subject only to (i) the last two (2) sentences of this Section 1.1.4 1.1.1, (ii) latent defects to the extent identified and, thereafter, promptly communicated to Landlord, within twelve (12) months of the Lease Commencement Date, and (iii) Landlord’s ongoing obligations set forth in Sections 1.1.3 and 29.33, and Articles 7 and 24 of this Lease. Notwithstanding anything to the contrary set forth in this Lease, Landlord shall, at Landlord’s sole cost and expense, deliver the Additional Premises to Tenant with the roof, and all “Building Systems” (as that term is defined in Section 7, below) serving and within the Additional Premises, in good working condition, and Landlord covenants that (A) such Building Systems have recently been operated, (B) such Building Systems have been regularly serviced, and (C) such Building Systems and the Building’s roof have a remaining useful life extending beyond the initial Lease Term (and if any punch list items identified pursuant of the same need to Exhibit B.be replaced during the initial Lease Term for any reason other than Tenant’s over-standard use of the same or Tenant’s failure to properly maintain the same in accordance with Article 7 of this Lease, the cost shall be paid by Landlord and not included in Operating Expenses). If, within the first six (6) months of the initial Lease Term, it is discovered that Landlord failed to deliver the Additional Premises in compliance with the obligations listed in the immediately preceding sentence, then Landlord shall, at its sole cost and expense, make any repairs and/or replacements necessary to put the Building Systems serving the Additional Premises in the condition required by the immediately preceding sentence.

Appears in 1 contract

Sources: Office Lease (Volcano Corp)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A 2.2 attached hereto. The outline hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A 2.2 is to show the approximate location of the Premises in the “Building” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building. Except as specifically set forth provided in this Lease Lease, Landlord has made no representations, warranties or undertakings as to the present or future condition of the Premises or the fitness or availability of the Premises for any particular use, and Tenant accepts the Premises in the Tenant Work Letter attached hereto as Exhibit B (the its Tenant Work Letter”), AS IS” condition. Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, Premises except as specifically otherwise expressly set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.Lease.

Appears in 1 contract

Sources: Lease (Gazelle Parent, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. For purposes of Section 1938 of the California Civil Code, subject Landlord hereby discloses to Section 1.1.4 Tenant, and any punch list items identified pursuant Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). Subject to Exhibit B.“Applicable Laws,” as that term is defined in Article 24 of this Lease, and the other provisions of this Lease, and except in the event of an emergency, Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, every day of the year.

Appears in 1 contract

Sources: Lease Agreement (Sorrento Therapeutics, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "Premises"). The outline of the Premises is set forth in Exhibit A attached hereto. The outline Landlord and Tenant hereby acknowledge and agree that the RSF of the “Building” Premises is stipulated as set forth in Section 2.2 of the Summary, and that such RSF shall not be subject to remeasurement or modification; provided, however, that Tenant shall have the “Project,” right to verify the RSF of the Premises in accordance with Section 1.3 below solely for the purpose of confirming that Landlord has constructed the Base Building in accordance with the Base Building Plans (as those terms are that term is defined in Section 1.1.2 below, are further depicted on 1.1 of the Site Plan attached hereto as Exhibit A-1Tenant Work Letter). The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant the parties each covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the "Buildings" as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and or in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building Buildings or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Subject to Applicable Laws, Tenant shall have the right to use, on an exclusive basis and without charge, the roof deck of Building A2 (the "Roof Deck"). Tenant's use of the Roof Deck shall be subject to such reasonable rules and regulations as may be prescribed in writing by Landlord from time to time and provided by written notice to Tenant. Tenant shall not be permitted to install or place on the Roof Deck any furniture, fixtures, plants, graphics, signs or insignias or other items of any kind whatsoever, without Landlord's prior consent, which consent shall not be unreasonably withheld, conditioned or delayed, and any alterations or improvements shall be constructed by Tenant as Alterations pursuant to Article 8 above, or as Tenant Improvements pursuant to the Tenant Work Letter. The taking of possession Roof Deck shall be considered part of the Premises by Tenant shall conclusively establish that for all purposes under this Lease. Notwithstanding the Premises foregoing, upon the applicable Lease Commencement Date and any applicable First Offer Commencement Date, the Building were at such time Systems, as that term is defined in Section 7.1 of this Lease, shall be in good and sanitary order, working condition and repair, subject to Section 1.1.4 and Landlord hereby covenants that the Building Systems shall remain in good working condition for a period of twelve (12) months following the applicable Lease Commencement Date and any punch list items identified applicable First Offer Commencement Date pursuant to Exhibit B.the terms and conditions of this Section 1.1.1. Landlord shall, at Landlord's sole cost and expense (which shall not be deemed an Operating Expense, as that term is defined in Section 4.2.4), repair or replace any failed or inoperable portion of such Building Systems during such twelve (12) month period ("Landlord's Warranty"), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, and/or negligence (collectively, "Tenant Damage") of Tenant, its subtenants and/or assignees, if any, or any company which it acquired, sold or merged with Tenant, or any Tenant Parties, as that term is defined in Section 10.1 below, or by any modifications, Alterations, as that term is defined in Section 8.1 below, or improvements (including the Tenant Improvements, as that term is defined in Section 2.1 of the Tenant Work Letter) constructed by or on behalf of Tenant. Landlord's Warranty shall not be deemed to require Landlord to replace any portion of the Building Systems, as opposed to repair such portion of Building Systems, unless prudent commercial property management practices dictate replacement rather than repair of the item in question. To the extent repairs which Landlord is required to make pursuant to this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. If it is determined that the Building Systems (or any portion thereof) was not in good working condition and repair as of the applicable Lease Commencement Date, Landlord shall not be liable to Tenant for any damages, but as Tenant's sole remedy, Landlord, at no cost to Tenant, shall promptly commence such work or take such other action as may be necessary to place the same in good working condition and repair, and shall thereafter diligently pursue the same to completion.

Appears in 1 contract

Sources: Office Lease (Roku, Inc)

The Premises. (a) The Landlord hereby leases to the Tenant, and the Tenant and Tenant hereby leases from Landlord the premises Landlord, the Premises set forth out in Section 2.2 1.01(b) located in the Building and having the Rentable Area set out in Section 1.01(c). The approximate location of the Summary Premises is approximately shown hatched on Schedule “B”. (b) The Landlord may, at any time during the Term, upon sixty (60) days' written notice to the Tenant, relocate the Premises to other premises in the Building (the “Relocated Premises”). The outline Tenant will make any required alterations and relocate its business in accordance with plans and specifications approved by the Landlord and otherwise in accordance with Schedule “C” and will re-open for business to the public in the Relocated Premises within the time limit set by the Landlord, acting reasonably. If the Premises are relocated this Lease will remain unchanged except that Rent will be adjusted based on the Rentable Area of the Relocated Premises. The Landlord will reimburse the Tenant for any reasonable costs and expenses due directly to the relocation to the Relocated Premises, based on pre-approved competitive quotations as supported by paid invoices verifying such costs and expenses. The Tenant may not claim against the Landlord for damages or indemnification by reason of loss or interruption of business of the Tenant from the Premises due to any such relocation. The Tenant will execute any documents required by the Landlord to give effect to this Section 3.01(b). (c) So long as (i) the Rentable Area of the Premises is set forth in Exhibit A attached hereto. The outline of not materially increased or decreased, (ii) the “Building” Tenant’s use and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease enjoyment of the Premises is upon not materially and subject to adversely affected more than is reasonably necessary under the terms, covenants and conditions herein set forthcircumstances, and Tenant covenants (iii) the Landlord makes such Changes (as a material part of defined below) at its expense, completes the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location finishing or fixturing of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction standard existing before the Changes (but the Landlord shall not be liable for any consequential costs, damages or losses of the Tenant) and from and after the date of completion of such Changes the Rent payable by the Tenant shall be adjusted to reflect any consequential increase or decrease in the Rentable Area of the Premises, then, at any time and from time to time, the precise area thereof Landlord shall have the right to make any alterations to, additions to or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to deletions from the Premises or re-arrange or re-configure the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B Premises (the “Tenant Work LetterChanges”), to the extent found necessary or desirable by the Landlord. The Landlord shall not be obligated use commercially reasonable efforts to provide or pay for minimize interference with the Tenant’s business operations conducted from the Premises and, to that end, the Landlord shall schedule any improvement work or services related to Changes which will adversely affect the improvement Tenant’s business outside of the Premises. Tenant’s business hours, where possible under the circumstances and shall, where possible, provide the Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability reasonable prior written notice of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.Changes.

Appears in 1 contract

Sources: Lease Agreement (Veg House Holdings Inc.)

The Premises. Landlord Landlord, for and in consideration of the covenants and agreements on the part of Tenant contained in this Lease, does hereby leases to Tenant lease unto Tenant, and Tenant does hereby leases take from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 belowLandlord, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the termsconditions hereinafter expressed, covenants a certain portion of the Property referred to as the “Lease Area,” as more particularly described in Exhibit “A” and conditions herein set forthpreliminarily depicted in Exhibit “A-1”, each attached hereto and incorporated herein, for the sole and exclusive purpose of conducting due diligence activities, designing, financing, constructing, installing, owning, operating, maintaining, repairing, replacing and removing the System (as defined in Section 2 hereof). In addition to the foregoing, Landlord hereby grants Tenant a license across the Property to the proposed interconnection point with the regulated electric local distribution company (the “LDC”) that provides electric 087683.00002 Litigation 15417950v2 distribution service to the Town. Tenant shall provide Landlord notice of the LDC’s grant of an Interconnection Permit (defined in Section 3.3) when the exact location for installation of cable necessary to support the System is known. Landlord hereby grants to Tenant a non-exclusive easement or easements on, over, across, under and through the Property as necessary to allow Tenant to install and maintain its cables and related equipment as required by the Interconnection Permit and any other utility easements reasonably required in connection with the Permitted Uses (defined below) (the “Easement Areas”). Upon Tenant providing notice to Landlord of the final Easement Areas, the Parties shall execute a separate stand-alone non-exclusive easement or easements reflecting the final Easement Areas and otherwise being satisfactory to Tenant (the “Easements”), at which time the license provided above shall terminate. The Lease Area and the area subject to the license or the subsequent Easement Areas are referred to herein, collectively, as the “Premises.” The Parties agree to amend Exhibit “A” upon Landlord’s grant of the easements referenced above, which revised Exhibit “A” shall replace the initial Exhibit A attached to this Lease as of the Commencement Date and be incorporated into this Lease. With respect to each Easement, (a) the term shall not exceed the Term of this Lease, (b) to the extent permitted by applicable federal, state and local laws, such Easement shall be appurtenant to the Lease Area and shall run with and benefit the Lease Area and inure to the benefit of and be binding upon Landlord and Tenant covenants as a material and their respective successors and assigns, (c) no act or failure to act on the part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to Tenant shall be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant deemed to constitute an agreementabandonment, representation surrender or warranty as termination thereof, except (i) upon recordation by Tenant of a quitclaim deed specifically conveying the Easement back to Landlord or (ii) the termination of this Lease pursuant to its terms, (d) non-use of the Easement shall not prevent the future use of the entire scope thereof, and (e) no use of or improvement to the construction Lease Area or any lands benefited by the Easement, and no assignment or sublease hereof or thereof, shall, separately or in the aggregate, constitute an overburdening of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.Easement.

Appears in 1 contract

Sources: Solar Lease Agreement

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and each floor or floors of the “Building” and Premises has the “Project,” number of rentable square feet as those terms are defined set forth in Section 1.1.2 below, are further depicted on 2.2 of the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of Notwithstanding anything in this Lease to the contrary, Landlord shall deliver possession of the Premises by to Tenant shall conclusively establish that in good, vacant, broom clean condition, with all Building Systems serving the Premises in good working order, and otherwise in substantially the same condition as of the date hereof, except with all the Tenant Improvements constructed in accordance with the Tenant Work Letter. If it is determined that any portion of the Building Systems serving the Premises were at such time not in good working order on the delivery date, then Landlord shall not be liable to Tenant for any damages, but as Tenant’s sole remedy, Landlord, at no cost to Tenant (and sanitary not as an Operating Expense), shall promptly commence such work or take such other action as may be necessary to place the same in good working order, condition and repair, subject shall thereafter diligently pursue the same to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.completion.

Appears in 1 contract

Sources: Office Lease (Akero Therapeutics, Inc.)

The Premises. Upon and subject to the terms, covenants and conditions hereinafter set forth in this Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 4.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of Tenant’s rights to the “Building” Premises include the limited right to use and access the janitorial closet and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted electrical and telephone rooms on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of floors containing the Premises is upon as reasonably necessary for Tenant’s effective and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction efficient use of the Premises, subject to Landlord’s notice and consent rights under Section 6.2 below. Tenant shall also be permitted to enter such areas to service its equipment. Tenant shall have the precise area thereof right to use, or access, any ceilings or space above and the ceilings and floors on the floors containing the Premises to the extent necessary to service Tenant’s equipment in the Premises and to run wires, cables and other conduits to the Premises to the extent permitted by applicable laws, subject to Landlord’s notice and consent rights under Section 6.2 below. In addition, Tenant shall be allowed to use such space as necessary for providing utility services such as the installation of computer cable conduits and core drilling, subject to Landlord’s consent rights under Section 6.2 below. Tenant’s rights to the Premises include the right to use and access any floors or walls on the floors containing the Premises to install equipment, wiring, cables, conduits and the like as necessary to service Tenant’s equipment in the Premises, subject to Landlord’s notice and consent rights under Section 6.2 below. Tenant shall be entitled to, and Landlord shall provide at no additional cost to Tenant, non-exclusive use of the riser space in the Building, in order for Tenant to achieve telephone and data network transmission connectivity between the Premises and all other premises of Tenant and its Affiliates located in the Building. Tenant acknowledges that it has independently determined that said existing conduit(s) and riser(s) shall be adequate for Tenant’s intended use, and that the Landlord does not warrant the suitability of such conduit(s) and/or riser(s) for ▇▇▇▇▇▇’s use now or in the future. Furthermore, ▇▇▇▇▇▇▇▇’s responsibility for maintenance and repair of said conduit(s) and riser(s) shall be limited to those maintenance and repair obligations as set forth elsewhere in this Lease. Notwithstanding anything to the contrary set forth in this Lease, in no event shall Tenant take any action in the Premises or the specific location of Building which may adversely affect the “Common AreasSystems and Equipment,” as that term is defined in Section 1.1.33.3.8 of this Lease, below, or without the elements thereof or prior written consent of Landlord. No provision of this Lease shall limit Landlord’s responsibility to perform Landlord’s Work in accordance with the terms of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.Second Amendment.

Appears in 1 contract

Sources: Office Lease (Health Net Inc)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "Premises"). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the "Building" and the "Project," as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"), Landlord shall tender possession of the Premises to Tenant in its existing, "as is" condition, and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Landlord shall be deemed to have tendered possession of the Premises to Tenant also acknowledges that neither upon the date the Premises is “Ready for Occupancy,” as such term is defined in the Tenant Work Letter (the ""Possession Date"), and no action by Tenant shall be required therefor. If for any reason, Landlord is delayed in tendering possession of the Premises to Tenant by any particular date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired. Neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant Any process utilities shall conclusively establish that the Premises and the Building were at such time be provided without warranty, in good and sanitary ordertheir currently existing, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B."as-is" condition.

Appears in 1 contract

Sources: Lease (Brooklyn ImmunoTherapeutics, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and each floor or floors of the “Building” and Premises has the “Project,” number of rentable square feet as those terms are defined set forth in Section 1.1.2 below, are further depicted on 2.2 of the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work LetterLease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B..

Appears in 1 contract

Sources: Office Lease (Novacea Inc)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and each floor or floors of the “Building” and Premises has the “Project,” number of rentable square feet as those terms are defined set forth in Section 1.1.2 below, are further depicted on 2.2 of the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B..

Appears in 1 contract

Sources: Office Lease (Tercica Inc)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The Subject to the terms and conditions of this Lease and the Tenant Work Letter, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. For purposes of Section 1938 of the California Civil Code, subject Landlord hereby discloses to Section 1.1.4 Tenant, and any punch list items identified pursuant Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). Subject to Exhibit B.“Applicable Laws,” as that term is defined in Article 24 of this Lease, and the other provisions of this Lease, and except in the event of an emergency, Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, every day of the year.

Appears in 1 contract

Sources: Lease (Sorrento Therapeutics, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1, and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The Subject to Landlord’s ongoing maintenance and repair obligations specifically set forth in this Lease and the terms and conditions of Section 1.2 of the Tenant Work Letter, and except for matters that could not reasonably be discovered by Tenant prior to taking possession of the Premises, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Subject to applicable laws and the other provisions of this Lease, subject and except in the event of an emergency, Tenant shall have access to Section 1.1.4 the Building, the Premises and the common areas of the Building, other than common areas requiring access with a Building engineer, twenty-four (24) hours per day, seven (7) days per week, every day of the year, including, without limitation, with respect to any punch list items identified pursuant loading area; provided, however, that Tenant shall only be permitted to Exhibit B.have access to and use of the mailroom and other limited-access areas of the Building during the normal operating hours of such portions of the Building.

Appears in 1 contract

Sources: Lease (BioAtla, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 2.4 of the Summary (the "Premises"). The outline of the Premises is set forth in Exhibit A A-3 attached hereto. The outline hereto and the Premises has approximately the number of rentable square feet as set forth in Section 2.4 of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCs") herein set forth, and Tenant covenants and Landlord covenant as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A ▇-▇, ▇▇▇▇▇▇▇ ▇-▇, and Exhibit A-3 is to show the approximate location of the Office Center, the Building, and the Premises only, and such Exhibit is Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant " Work Letter"), Tenant shall accept the Premises in its existing "as-is" condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Notwithstanding the foregoing, Landlord shall deliver the Premises to Tenant (the date of delivery being referred to herein as the "Delivery Date") with the mechanical, electrical and plumbing systems in good working order, condition and repair on the Lease Commencement Date. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject only to Section 1.1.4 and any (i) a list of punch list items identified pursuant provided to Exhibit B.Landlord in writing within thirty (30) days following the Delivery Date, (ii) latent defects as well as defects in the mechanical, electrical and plumbing systems brought to Landlord's attention in writing within six (6) months following Delivery Date, (iii) Landlord's obligations set forth in Article 7 of this Lease, (iv) Landlord's obligations set forth in Article 24 of this Lease with regard to compliance with Applicable Laws, and (v) Landlord's obligations set forth in Section 29.34 of this Lease with respect to "Hazardous Materials," as that term is defined in such Section 29.34.

Appears in 1 contract

Sources: Office Lease (Acadia Pharmaceuticals Inc)

The Premises. Landlord is the owner of a leasehold interest (or on the Lease Commencement Date (as defined in Section 2.1) will be the owner of a leasehold interest) in the Premises (as defined in this Section 1.1). Upon and subject to the terms hereinafter set forth in this Lease and subject to the terms of the Restriction Documents (as defined in Section 5.2), Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth Premises, which are generally described in Section 2.2 6 of the Summary (the "Premises"). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” , and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted all other improvements to be constructed on the Site Plan Premises, all in accordance with the Work Letter Agreement attached hereto as Exhibit A-1"E" (the "Work Letter Agreement"), and ▇▇▇▇▇▇'s non-exclusive rights to use the Common Areas described below. The parties hereto Premises and all other improvements that are permanently affixed to the Premises may be collectively referred to herein as the "Improvements." Landlord and ▇▇▇▇▇▇ agree that each party shall have the lease of right, but not the Premises is upon and subject obligation, to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of re-measure the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B within thirty (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement 30) days after ▇▇▇▇▇▇ takes possession of the Premises. Tenant also acknowledges that neither Landlord nor any agent All measurements of Landlord has the Premises shall be made any representation or warranty regarding from the condition outside of exterior walls and from the center of the interior demising partitions, including those measurements to establish the length and width of the Premises. Deductions shall not be allowed for columns, sprinkler risers, roof drains, vents, piping, waste lines, conduit, ventilation shafts and related items serving the Building or other tenant space. In the Project or with respect to event the suitability number of any square feet of floor area in the Premises as determined by such re-measurement is different from the number of square feet of floor area specified above in Section 6 of the foregoing for the conduct Summary and based upon a mutually acceptable and finalized floor plan by Landlord and Tenant, Landlord shall, by written notice to Tenant, make a proportionate adjustment of Tenant’s business, except Rent (as specifically set forth in defined below) and other charges under this Lease and which are calculated based on the Tenant Work Letter. The taking actual number of possession square feet of floor area of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.Premises.

Appears in 1 contract

Sources: Air Cargo Center Lease (A-Mark Precious Metals, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises (the “Premises”) which are set forth in Section 2.2 3 of the Summary of Basic Lease Information above (the “PremisesSummary”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline Landlord and Tenant hereby acknowledge and agree that the rentable square footage of the “Building” and the “Project,” Premises shall be deemed to be as those terms are defined set forth in Section 1.1.2 below, are further depicted on 3 of the Site Plan attached hereto as Exhibit A-1Summary and that the same shall not be subject to re-measurement or modification. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.31.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.21.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B C, if applicable (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the PremisesPremises or occupancy thereof by Tenant. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s businessbusiness and Tenant shall accept the Premises in its “as is” condition of the Commencement Date, except as specifically set forth in this Lease and the Tenant Work Letter, if applicable. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B..

Appears in 1 contract

Sources: Office Lease (Midwest Banc Holdings Inc)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject provided that Landlord shall deliver the Premises with the roof of the Building to be water-tight and shall cause the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning, heating, and all other building systems serving the Premises in good operating condition and repair on or before the Lease Commencement Date. Notwithstanding anything in this Lease to the contrary, in connection with the foregoing Landlord shall, at Landlord’s sole cost and expense (which shall not be deemed an “Operating Expense,” as that term is defined in Section 1.1.4 4.2.4), repair or replace any failed or inoperable portion of the HVAC and other mechanical systems serving the Premises during the first twenty-four (24) months of the initial Lease Term (“Warranty Period”), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any punch list items identified company which is acquired, sold or merged with Tenant (collectively, “Tenant Damage”), or by any modifications, Alterations or improvements constructed by or on behalf of Tenant. Landlord shall coordinate such work with Tenant and shall utilize commercially reasonable efforts to perform the same in a manner designed to minimize interference with Tenant’s use of the Premises. To the extent repairs which Landlord is required to make pursuant to this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. As of the date hereof, Landlord is intending to perform work to the Building equipment as set forth on Exhibit B.G at Landlord’s sole cost and expense (and which items shall be repaired at Landlord’s cost during the Warranty Period as set forth above). Landlord anticipates that such work will be completed prior to March 1, 2019.

Appears in 1 contract

Sources: Lease (Aligos Therapeutics, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The , and an outline of the “Building” and the “Project,” as those terms are defined Project is set forth in Section 1.1.2 below, are further depicted on the Site Plan Exhibit A-1 attached hereto as Exhibit A-1hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except Tenant is currently in possession of the Premises pursuant to that certain Sublease between City Storage Systems LLC (“City Storage” as “Tenant” under that certain lease of the Premises with Landlord dated November 22, 2019 (the “City Storage Lease”)) and Tenant (as “Subtenant”) dated as of November 16, 2023 (the “Existing Sublease”), and except as specifically set forth in this Lease Lease, Tenant shall continue to accept the Premises in its presently existing “as-is” condition and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the PremisesPremises (the “Delivery Condition”). Tenant ▇▇▇▇▇▇ also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant▇▇▇▇▇▇’s business, except as specifically set forth in this Lease and Lease. Subject to Landlord’s ongoing obligations set forth in this Lease, the Tenant Work Letter. The taking commencement of possession of business operations from the Premises by Tenant shall conclusively presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Landlord hereby acknowledges and agrees that Tenant shall continue to occupy the Premises under this Lease following the expiration of the City Storage Lease and the Existing Sublease and, subject as a result thereof, Landlord shall not require City Storage to Section 1.1.4 surrender the Premises to Landlord on or prior to the expiration of the City Storage Lease, and any punch list items identified pursuant Tenant hereby agrees that Tenant shall be deemed to Exhibit B.be in possession of the Premises on the Lease Commencement Date and no action by Landlord shall be required therefor.

Appears in 1 contract

Sources: Office Lease (Matternet, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1, and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant ▇▇▇▇▇▇ also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant▇▇▇▇▇▇’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The Subject to Landlord’s ongoing maintenance and repair obligations specifically set forth in this Lease and the terms and conditions of Section 1.2 of the Tenant Work Letter, and except for matters that could not reasonably be discovered by Tenant prior to taking possession of the Premises, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Subject to applicable laws and the other provisions of this Lease, subject and except in the event of an emergency, Tenant shall have access to Section 1.1.4 the Building, the Premises and the common areas of the Building, other than common areas requiring access with a Building engineer, twenty-four (24) hours per day, seven (7) days per week, every day of the year, including, without limitation, with respect to any punch list items identified pursuant loading area; provided, however, that Tenant shall only be permitted to Exhibit B.have access to and use of the mailroom and other limited-access areas of the Building during the normal operating hours of such portions of the Building.

Appears in 1 contract

Sources: Lease Agreement (BioAtla, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises which are to be constructed by Landlord and are set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and each floor or floors of the “Building” and Premises shall have approximately the “Project,” number of rentable square feet as those terms are defined set forth in Section 1.1.2 below, are further depicted on 2.2 of the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and each of Landlord and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant for the conduct of its business shall conclusively establish that the Premises and the Building were was at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.except as otherwise specifically set forth in this Lease and/or the Tenant Work Letter.

Appears in 1 contract

Sources: Office Lease (Imperial Capital Group, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises (the “Premises”) which are set forth in Section 2.2 3 of the Summary of Basic Lease Information above (the “PremisesSummary”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline Landlord and Tenant hereby acknowledge and agree that the rentable square footage of the “Building” and the “Project,” Premises shall be deemed to be as those terms are defined set forth in Section 1.1.2 below, are further depicted on 3 of the Site Plan attached hereto as Exhibit A-1Summary and that the same shall not be subject to re-measurement or modification. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction precise area of the Premises, the precise area thereof Premises or the specific location of the “Common Areas,” as that term is defined in Section 1.1.31.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.21.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B C, if applicable (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the PremisesPremises or occupancy thereof by Tenant. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s businessbusiness and Tenant shall accept the Premise in its “as-is” condition, except as specifically set forth in this Lease and the Tenant Work Letter. The Subject in each case to the “Substantial Completion” of the “Tenant Improvements” (as those terms are defined in Work Letter attached hereto as Exhibit C), and Landlord’s completion of any punch list items arising out of Landlord’s and Tenant’s walk-through inspection of the Tenant Improvements (as required under the Work Letter), (a) the taking of possession of the Initial Premises by Tenant shall conclusively establish that the Initial Premises and the Building were at such time in good and sanitary order, condition and repair; and (b) the taking of possession of the Must Take Premises by Tenant, subject in the condition required for the Must Take Commencement Date, shall conclusively establish that the Must Take Premises were at such time in good and sanitary order, condition and repair. Notwithstanding anything to Section 1.1.4 the contrary set forth herein: (i) Landlord hereby covenants to use commercially reasonable efforts to deliver the Initial Premises to Tenant with the Tenant Improvements thereto substantially completed in accordance with the Work Letter no later than thirty (30) days after mutual execution of this Lease (the “Estimated Initial Premises Delivery Date”), and if Landlord fails to substantially complete the Tenant Improvements for the Initial Premises and deliver the Initial Premises to Tenant on or before sixty (60) days after the Estimated Initial Premises Delivery Date (the “Initial Premises Rent Credit Date”) for any punch list items identified pursuant reason other than force majeure or Tenant Delays (as defined in the Work Letter), Landlord shall not be in default but the Commencement Date shall be delayed one (1) day for each day of such delay until Landlord delivers possession of the Initial Premises to Exhibit B.Tenant in accordance with the requirements of this Lease; provided however, that if Landlord fails to substantially complete the Tenant Improvements for the Initial Premises and deliver the Initial Premises to Tenant within sixty (60) days after the Initial Premises Rent Credit Date for any reason other than force majeure or Tenant Delays, Landlord shall not be in default but Tenant may as its sole and exclusive remedy, upon written notice to Landlord prior to the date that Landlord delivers possession of the Initial Premises to Tenant in accordance with the requirements of this Lease, elect to terminate this Lease, and upon any such termination this Lease shall be deemed void and of no further force and effect, any obligations of Landlord to Tenant or of Tenant to Landlord shall be deemed cancelled, and Landlord shall promptly return to Tenant any prepaid Rent or Letter of Credit then held by Landlord; and (ii) Landlord hereby covenants to use commercially reasonable efforts to deliver the Must Take Premises to Tenant (including, without limitation, if reasonably necessary, timely instituting unlawful detainer proceedings against the current tenant of the Must Take Premises) with the Tenant Improvements thereto substantially completed in accordance with the Work Letter no later than March 1, 2009 (the “Estimated Must Take Premises Delivery Date”), and in the event that Landlord has not gained possession of the Must Take Premises, and substantially completed the Tenant Improvements in the Must Take Premises and delivered the Must Take Premises to Tenant on or before May 1, 2009, for any reason other than force majeure or Tenant Delays (as defined in the Work Letter), Landlord shall not be in default but Tenant shall be entitled to a day-for-day Rent credit with respect to the Must Take Premises from and after the May 1, 2009 until Landlord delivers possession of the Must Take Premises to Tenant in accordance with the requirements of this Lease; provided, however, that if Landlord has not gained possession of the Must Take Premises, and substantially completed the Tenant Improvements in the Must Take Premises and delivered the Must Take Premises to Tenant on or before July 1, 2009, for any reason other than force majeure or Tenant Delays (as defined in the Work Letter), Landlord shall not be in default but Tenant may as its sole and exclusive remedy, in Tenant’s sole discretion and upon written notice to Landlord prior to the date that Landlord delivers possession of the Must Take Premises to Tenant in accordance with the requirements of this Lease, elect to terminate this Lease either in its entirety or with respect to the Must Take Premises only; and in the event Tenant elects to terminate this Lease with respect to the Must Take Premises only, Tenant’s occupancy of the Initial Premises shall not be affected by such termination, and this Lease shall be amended as soon as reasonably possible by Landlord and Tenant to delete the Must Take Premises from the Premises. Upon any termination of the entire Lease resulting from Landlord’s failure to deliver the Must Take Premises by the outside date set forth above, this Lease shall be deemed void and of no further force and effect, any obligations of Landlord to Tenant or of Tenant to Landlord shall be deemed cancelled (other than such obligations which specifically survive the termination of this Lease), and Landlord shall promptly return to Tenant any prepaid Rent or Letter of Credit then held by Landlord.

Appears in 1 contract

Sources: Office Lease (Oxigene Inc)

The Premises. 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord Landlord, the premises set forth Premises designated in Section 2.2 the Summary of Basic Lease Information (“Summary”) attached hereto, and which is more particularly described and outlined on the floor plan attached hereto and marked Exhibit A, all of which is incorporated herein by this reference. The Premises is located in the building at the address designated in the Summary (the “PremisesBuilding”). The outline , and located on the parcel of the Premises is set forth in Exhibit A attached hereto. The outline of real property (the “Site”) under the Building” and . Notwithstanding the “Project,” as foregoing, Landlord reserves those terms are defined rights described in Section 1.1.2 Subparagraph 1.3 below, are further depicted on the Site Plan and this Lease is subject to those rules and regulations attached hereto as Exhibit A-1C, and such additional reasonable rules and regulations as Landlord may deliver to Tenant from time to time. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Premises, Building, or Site except as specifically stated in this Lease. The parties hereto agree that the lease of the Premises said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such said terms, covenants and conditions by it to be kept and performed performed, and that this Lease is made upon the condition of such performance. 1.2 Tenant also shall have the nonexclusive right to use in common with other tenants in the Building, subject to the Rules and Regulations referred to in Paragraph 29 below and subject to the reasonable discretion of Landlord to determine the manner in which the public and common areas are maintained and operated, the following areas (“Common Areas”) appurtenant to the Premises: (a) The common entrances, lobbies, restrooms, elevators, stairways and access ways, loading docks, ramps, drives and platforms and any passageways and service ways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises; and (b) The loading and unloading areas, roadways, sidewalks, walkways, parkways, and driveways appurtenant to the Building, including the roof deck. Landlord shall operate the Common Areas in a manner consistent with the common areas of similar class buildings (e.g., ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇) located in the general area of the Building. 1.3 Landlord reserves the right from time to time to do any of the following, provided that Landlord shall exercise such rights in a manner that does not materially interfere with Tenant’s use of or access to the Premises, and with respect to any work required to be performed in the Premises, Landlord shall use commercially reasonable efforts to perform such work after normal business hours: (a) To remove, install, reinstall, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building; (b) To make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic and walkways; provided, however, that changes to the Common Areas at the King Street entrance to the Building shall not be changed without Tenant’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed; (c) To close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (d) To use the Common Areas at any time, including, but not limited to, while engaged in making additional improvements, repairs or alterations to the Building, or any portion thereof; and/or (e) To do and perform such other acts and make such other changes in, to or with respect to the Site, Common Areas and Building as Landlord may, in the exercise of Landlord’s business judgment, reasonably deem to be appropriate. 1.4 The rights and obligations of the parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location regarding any initial improvements, alterations, or construction of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to be performed at the construction commencement of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and Term are described in the Tenant Work Letter (“Work Letter”) attached hereto to this Lease as Exhibit B B. Any inconsistency between the provisions of the Work Letter and the provisions of the balance of this Lease shall be governed by the provisions of the Work Letter. In addition to the Tenant Improvements to be paid for using the Tenant Improvement Allowance (as defined in and contemplated by the Work Letter), Landlord shall, at Landlord’s expense, (i) construct a glass partition (the “Tenant Work LetterGlass Partition”) to separate the King Street lobby of the Building from the Premises, (ii) construct a demising wall to separate the premises of the other tenant(s) on the ground floor of the Building from the portion of the Premises located on the ground floor of the Building, (iii) reprogram the existing key card security system in the Building elevators and entry doors to limit access to the Premises to Tenant’s card keys, and (iv) construct an exit corridor from the rear portion of the Premises located on the ground floor of the Building (collectively, “Landlord’s Work”). With the exception of the Glass Partition (which Landlord shall complete with reasonable diligence), all of Landlord’s Work shall be completed by the Delivery Date, and pending completion of the Glass Partition, Landlord shall not be obligated to provide or pay for any improvement work or services related to secure the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession ground floor portion of the Premises by limiting access to the King Street lobby of the Building (both through the exterior doors and the elevator) to Tenant only. Landlord will construct Landlord’s Work using new and good quality materials consistent with the existing finishes of the Building. Tenant shall conclusively establish have the right, subject to the immediately preceding sentence, to reasonably approve the design, finishes, location and layout of Landlord’s Work. 1.5 In addition to the Premises as defined herein, Tenant shall also have the right to use during the Term all of the personal property located within the Premises and described on Exhibit D attached hereto (the “Personal Property”). The Personal Property shall remain the property of Landlord and upon expiration of the Term or earlier termination of this Lease, Tenant shall return the Personal Property to Landlord in good condition and repair, in the same condition as when received, normal wear and tear excepted. 1.6 References in this Lease to “rentable square feet”, “rentable square footage” and “rentable area” shall have the same meanings, and Tenant hereby acknowledges and agrees that the rentable square footage of the Premises shall be deemed, and is, 27,506 rentable square feet, and the rentable square footage of the Building shall be deemed, and is, 126,467 rentable square feet. Landlord represents that the foregoing square footage determinations were the results of a measurement made of the Building and the Premises in accordance with BOMA standards, and that, within thirty (30) days following the Lease Commencement Date, Landlord shall cause Landlord’s architect, Huntsman Associates, to remeasure the rentable square footage of the Premises and the Building were in accordance with the Standard Method for Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-1996 (“1996 BOMA Standards”), adopted by the Building Owners and Managers Association International (BOMA). If the remeasurement indicates that the rentable square footage of the Premises or Building set forth above is inaccurate per the 1996 BOMA Standards, Landlord and Tenant shall enter into an amendment to this Lease setting forth the correct rentable square footage of the Premises and/or the Building and adjusting the Monthly Basic Rent, Tenant’s Percentage Share and other amounts hereunder calculated based on the rentable square footage thereof. In addition, at such time as Tenant extends the ground floor of the Premises to the King Street window line over the easternmost lightwell and the middle lightwell (immediately adjacent to [and southwesterly of] the King Street lobby of the Building), which, in the case of the middle lightwell only, shall be done in accordance with Exhibit H or such other plans as shall allow an equivalent or greater amount of light to the lower level of the Building (any deviation of such plans from Exhibit H shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed) (“Permitted Ground Floor Changes”), then Landlord and Tenant shall enter into an amendment to this Lease setting forth the adjusted rentable square footage of the Premises and the Building and adjusting the Monthly Basic Rent, Tenant’s Percentage Share and other amounts hereunder, including the Tenant Improvement Allowance, that are calculated based on the rentable square footage thereof; provided, however, that (a) if such Permitted Ground Floor Changes are completed on or before the first adjustment of Monthly Basic Rent as set forth in Item (j) of the Summary above (the “First Adjustment Date”), then the adjustments in Monthly Basic Rent, Tenant’s Percentage Share and the rentable square footage of the Premises and Building shall not occur until the First Adjustment Date (the adjustment in the Tenant Improvement Allowance shall occur as of the date such Permitted Ground Floor Changes are completed); (b) if such Permitted Ground Floor Changes are completed following the First Adjustment Date, but on or before the second adjustment of Monthly Basic Rent, as set forth in Item (j) of the Summary above (the “Second Adjustment Date”), then the adjustments in Monthly Basic Rent, Tenant’s Percentage Share and the rentable square footage of the Premises and Building shall occur on the date such Permitted Ground Floor Changes are completed; and (c) if Tenant has not completed such Permitted Ground Floor Changes on or before the Second Adjustment Date, or has completed only a portion of the Permitted Ground Floor Changes, then, as of the Second Adjustment Date, the rentable square footage of the Premises and Building shall be deemed to be 27,919 and 126,880 rentable square feet, respectively (to reflect the additional rentable square footage that the parties estimate would have been added to the Premises had the Permitted Ground Floor Changes been completed on or before the Second Adjustment Date), and the adjustments in Monthly Basic Rent, Tenant’s Percentage Share and other amounts hereunder that are calculated based on the rentable square footage of the Premises shall occur as of the Second Adjustment Date. Any dispute with respect to remeasurement of the Premises or Building shall be resolved by arbitration pursuant to Paragraph 55 below. 1.7 Tenant additionally shall have the exclusive right to use the parking bay of the Building located on the Site on the eastern side of the Building for the sum of $500.00 per month (the “Parking Rent”). The Parking Rent shall be subject to adjustment to fair market value, as reasonably determined by Landlord in good and sanitary orderfaith, condition and repair, no more frequently than once every two years. Tenant’s rights pursuant to this Paragraph are subject to Section 1.1.4 any obligation imposed on Landlord by any governmental entity for the provision of handicapped parking; provided, however, in all events, Landlord shall use its commercially reasonable efforts to ensure that Tenant has the ability to park at least one vehicle at the Site and in no event shall Tenant’s rights regarding the generator in Paragraph 56 be affected. 1.8 In addition to the Premises as contemplated by this Paragraph 1 and Exhibit A, Tenant shall, at Tenant’s sole election, additionally lease from Landlord during the Term 50% of the rentable square footage of the computer server room located on Lower Level 1 of the Building (the “Server Room”). At such time as another user of the Building leases space in the Server Room, Tenant shall install a chain-link fence or other secure demising barrier to separate the server room into two separate and functional server rooms. All of the costs of demising the server room into two rooms, and to plumb all the necessary cable and wiring to connect the Premises to the server room, shall be at Tenant’s sole cost and expense; provided, however, that Landlord shall require the other user(s) of the Server Room to reimburse Tenant for 50% of the cost of the demising barrier. Landlord shall have the right to approve the final design and layout of the demised server rooms. In addition to the Monthly Basic Rent contemplated by the Summary and Paragraph 4 below, Tenant shall pay to Landlord, in accordance with the payment procedures set forth in Paragraph 4.1 below, $1.00 per square foot of Tenant’s share of the Server Room per month, plus 100% of all electrical and HVAC costs associated with the use of the Server Room until such time as another tenant of the Building accepts possession of the remaining 50% of the Server Room, at which time Tenant’s obligation for HVAC and electrical costs for the Server Room shall reduce to 50%. All monthly rental amounts for the Server Room contemplated by this Paragraph shall be included within the meaning of Monthly Basic Rent whenever such term is used in this Lease or the Work Letter unless the context clearly contemplates otherwise. Promptly after Tenant completes the work to demise the Server Room, in accordance with plans approved by Landlord, Landlord and Tenant shall measure the Server Room to determine the actual monthly rental therefore, and the parties shall execute an amendment to this Lease setting forth the monthly rental payable by Tenant’s for the Server Room based on its square footage; provided, however, the failure to do so shall not affect Landlord’s right to receive and collect such monthly rental. 1.9 Tenant shall also have the right, at no charge to Tenant, to use the roof deck in common with other tenants of the Building; provided, however, that Landlord will reasonably assist Tenant in the occasional exclusive use of the roof deck for conducting and recording interviews for broadcast and for other Landlord-approved purposes related to Tenant’s use of the Premises. 1.10 In the event any punch list items identified pursuant additional space becomes available for lease from time to Exhibit B.time on the ground floor, the third floor or either of the lower levels of the Building, and Landlord receives an offer to lease such space that Landlord is prepared to accept, Landlord shall then offer the subject space (the “First Offer Space”) to Tenant on the same terms and conditions. In addition, if Tenant at any time expands to the third or other floors in the Building, then, for purposes hereof, the First Offer Space shall include space on the expansion and adjacent floors; provided, however, in no event shall any portion of the fifth or sixth floors be included within the First Offer Space; and provided further that the fourth floor shall be included within the First Offer Space only if (i)Tenant occupies at least one quadrant of the third floor, and (ii) no other space is available on the third floor. Tenant shall thereafter have five (5) business days within which to commit to leasing the subject First Offer Space on the same terms and conditions, in which event the parties shall execute a lease for the subject First Offer Space on the terms and conditions of the third party offer. If Tenant fails to accept the terms and conditions within the time allowed, Landlord shall be free to lease the subject First Offer Space to the third party on the terms and conditions of the original offer, without further obligation to Tenant. The foregoing right to additional space in the Building does not include space that is vacant on the execution date of this Lease (which space Landlord may market for lease without obligation to Tenant). Further, the foregoing right to additional space in the Building is (i) subject to the options to extend contained, or which may be contained, in any existing or future lease, (ii) subject to any first offer expansion rights to the fourth floor Landlord may grant to a tenant leasing a por

Appears in 1 contract

Sources: Office Lease (Current Media, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "Premises"). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the "Building" and the "Project," as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work Letter. The Subject to the terms and conditions of this Lease and the Tenant Work Letter, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Subject to "Applicable Laws," as that term is defined in Article 24 of this Lease, subject and the other provisions of this Lease, and except in the event of an emergency, Tenant shall have access to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.the Premises twenty-four (24) hours per day, seven (7) days per week, every day of the year.

Appears in 1 contract

Sources: Lease (Sorrento Therapeutics, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "Premises"). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the "Building" and the "Project," as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and each of Tenant and Landlord hereby covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to latent defects, the terms and conditions of this Lease and the Tenant Work Letter (including without limitation, Landlord’s obligations with respect to any “Punch List Work,” as that term is defined in the Tenant Work Letter, and Landlord’s express maintenance and repair obligations under this Lease). Landlord shall deliver exclusive possession of the Building and Premises to Tenant, including the Building Structure (as that term is defined in Section 1.1.4 7.4 below), in good working condition and any punch list items identified pursuant repair, with the roof and roof membrane watertight, with the existing "Building Systems", as defined in Section 7.1, below, including without limitation HVAC, electrical, lighting, plumbing, ceiling tiles, structural integrity, roof and roof membrane, fire protection system, parking facilities and landscape irrigation (but excluding all laboratory services, process utilities and emergency generator), the Tenant Improvements and the Common Areas, in good working condition, and in compliance with all "Applicable Laws" (as that term is defined in Article 24 below) existing as of the Lease Commencement Date, including, without limitation, the Americans with Disabilities Act of 1990, to Exhibit B.the extent required to allow the legal occupancy of the Premises (the "Delivery Condition"). Notwithstanding the foregoing, Tenant shall accept all laboratory services, process utilities and emergency generator in their presently existing, as-is condition and Tenant shall be solely responsible for all costs related to their conditional use.

Appears in 1 contract

Sources: Lease (Unity Biotechnology, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises which are to be constructed by Landlord and are set forth in Section 2.2 of the Summary (the "Premises"). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, belowthereof. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises, and ▇▇▇▇▇▇ agrees to accept the Premises in their currently existing, “as-is” condition. Tenant also acknowledges that neither Neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work LetterLease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Except when and where ▇▇▇▇▇▇’s right of access is specifically excluded as the result of (i) an emergency, subject (ii) a requirement by law, or (iii) a specific provision set forth in this Lease, Tenant shall have the right of ingress and egress to Section 1.1.4 the Premises and any punch list items identified pursuant the Project parking areas twenty-four (24) hours per day, seven (7) days per week, every day of the year during the Lease Term. Landlord shall deliver possession of the Premises to Exhibit B.Tenant in good, vacant, broom clean condition, with all building systems in good working order, and in compliance with applicable laws to the extent required to allow the legal occupancy of the Premises. Landlord shall cause the Premises to have Building standard window blinds installed (and if such blinds are not currently in place, installation of the same shall occur within thirty (30) days after the Lease Commencement Date). Except in case of emergency or as otherwise provided in this Lease, Tenant shall have access to the Premises, Building and parking twenty-four (24) hours per day, seven (7) days per week.

Appears in 1 contract

Sources: Office Lease (Aadi Bioscience, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises Premises (as set forth in Section 2.2 of the Summary (the “Premises”Summary). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” hereto and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1made a part hereof. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the any “Common Areas,” as that term is defined in Section 1.1.31.1.2, below, or the elements thereof or of the accessways to the Premises or the Project,” as . Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the date that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in Landlord provides Tenant with a key or access card to the Tenant Work Letter attached hereto as Exhibit B Premises (the “Tenant Work LetterLease Commencement Date”), and no action by Tenant shall be required therefor. The Lease Commencement Date is anticipated to occur within ten (10) business days after the full execution of this Lease. If for any reason Landlord is delayed in tendering possession of the Premises to Tenant by any particular date, Landlord shall not be obligated subject to provide or pay any liability for any improvement work or services related to such failure, and the improvement validity of this Lease shall not be impaired; provided, however, if the Lease Commencement Date occurs after August 15, 2021, the Outside Lease Commencement Date shall be extended on a day for day basis for each day that the Lease Commencement Date occurs after August 15, 2021. On the Lease Commencement Date, the Premises shall be in broom clean condition with all Building systems serving the same in good working order. As of the PremisesExecution Date, to Landlord’s knowledge, the Premises are in compliance with Environmental Laws (hereinafter defined). Tenant also acknowledges that Except as expressly set forth in Section 24.3 of this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business. Any process utilities shall be provided without warranty, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary ordertheir currently existing, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.“as-is” condition.

Appears in 1 contract

Sources: Lease (Cogent Biosciences, Inc.)

The Premises. 1.1 Landlord hereby leases and demises to Tenant and Tenant hereby leases and accepts from Landlord Landlord, for the term and upon the terms and conditions hereinafter set forth, the following described premises set forth (the "Premises"): (a) Approximately 75,000 square feet of rentable area (calculated in Section 2.2 accordance with the Washington, D.C. Association of Realtors standard method of measurement in effect immediately prior to the Lease Commencement Date), on either, at Tenant's option, (i) the first (1st), second (2nd) and third (3rd) floors ("Premises Option 1") or (ii) the second (2nd), third (3rd) and fourth (4th) floors ("Premises Option 2") of the Summary four-story office building (the “Premises”)"Building") which is to be built and situated on the Land. The outline Tenant shall inform Landlord of the Premises is set forth in Exhibit A attached heretoOption that Tenant selects on or before March 31, 1998. The outline portion of the “Building” and Building leased by Tenant is hereinafter referred to as the “Project,” as those terms are defined in Section 1.1.2 below"Premises." (b) Upon Tenant's designation of the Premises, are further depicted on a diagram of the Site Plan attached hereto Premises shall be added to this Lease as Exhibit A-1. The parties hereto agree that the lease Landlord shall promptly notify Tenant in writing of the Premises is upon exact rentable area of the space designated by Tenant as the Premises. Such rentable area calculation shall be subject to confirmation prior to the Lease Commencement Date by Tenant's independent architect. In the event the rentable area figure determined by Tenant's architect differs by no more than three percent (3%) (higher or lower) from Landlord's figure, then Landlord's figure shall be controlling. In the event the rentable area figure determined by Tenant's architect differs by more than three percent (3%) (higher or lower) from Landlord's figure, then Landlord and Tenant (in coordination with their respective architects) shall endeavor in good faith to resolve the discrepancy, and in the event they are not able to resolve such discrepancy then Landlord and Tenant shall jointly appoint an independent architect to resolve such discrepancy and the determination of such independent architect shall be binding on both Landlord and Tenant, subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part terms of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.1.3

Appears in 1 contract

Sources: Deed of Lease (Landmark Systems Corp)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the later of the date of Substantial Completion of the Tenant Improvements and the occurrence of the Final Condition Date, as those terms are defined in the Tenant Work Letter, and no action by Tenant shall be required therefor. If for any reason, Landlord is delayed in tendering possession of the Premises to Tenant by any particular date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired. Notwithstanding the foregoing, if the Substantial Completion of the Tenant Improvements does not occur on or before July 1, 2024, then Tenant shall receive a credit equal to one day of Base Rent for each day that occurs after July 1, 2024 and before the Substantial Completion of the Tenant Improvements, which credit shall be applied immediately following the Base Rent Abatement Period; provided however, that Tenant shall not be entitled to such credit to the extent that such delay was caused by: (a) any Tenant BB Delay, (b) an event of Force Majeure, or (iii) a Tenant Delay. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The Subject to the terms and conditions of this Lease and the Tenant Work Letter, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Subject to “Applicable Laws,” as that term is defined in Article 24 of this Lease, subject and the other provisions of this Lease, and except in the event of an emergency, Tenant shall have access to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.the Premises twenty-four (24) hours per day, seven (7) days per week, every day of the year.

Appears in 1 contract

Sources: Lease (Sorrento Therapeutics, Inc.)

The Premises. Landlord Landlord, for and in consideration of the covenants and agreements on the part of Tenant contained in this Lease, does hereby leases to Tenant lease unto Tenant, and Tenant does hereby leases take from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 belowLandlord, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the termsconditions hereinafter expressed, covenants a certain portion of the Property referred to as the “Lease Area,” as more particularly described in Exhibit “A” and conditions herein set forthpreliminarily depicted in Exhibit “A-1”, each attached hereto and incorporated herein, for the sole and exclusive purpose of conducting due diligence activities, designing, financing, constructing, installing, owning, operating, maintaining, repairing, replacing and removing the System (as defined in Section 2 hereof). In addition to the foregoing, Landlord hereby grants Tenant a license across the Property to the proposed interconnection point with the regulated electric local distribution company (the “LDC”) that provides electric distribution service to the Town. Tenant shall provide Landlord notice of the LDC’s grant of an Interconnection Permit (defined in Section 3.3) when the exact location for installation of cable necessary to support the System is known. Landlord hereby grants to Tenant a non-exclusive 087683.00002 Litigation 15417950v4 easement or easements on, over, across, under and through the Property as necessary to allow Tenant to install and maintain its cables and related equipment as required by the Interconnection Permit and any other utility easements reasonably required in connection with the Permitted Uses (defined below) (the “Easement Areas”). Upon Tenant providing notice to Landlord of the final Easement Areas, the Parties shall execute a separate stand-alone non-exclusive easement or easements reflecting the final Easement Areas and otherwise being satisfactory to Tenant (the “Easements”), at which time the license provided above shall terminate. The Lease Area and the area subject to the license or the subsequent Easement Areas are referred to herein, collectively, as the “Premises.” The Parties agree to amend Exhibit “A” upon Landlord’s grant of the easements referenced above, which revised Exhibit “A” shall replace the initial Exhibit A attached to this Lease as of the Commencement Date and be incorporated into this Lease. With respect to each Easement, (a) the term shall not exceed the Term of this Lease, (b) to the extent permitted by applicable federal, state and local laws, such Easement shall be appurtenant to the Lease Area and shall run with and benefit the Lease Area and inure to the benefit of and be binding upon Landlord and Tenant covenants as a material and their respective successors and assigns, (c) no act or failure to act on the part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to Tenant shall be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant deemed to constitute an agreementabandonment, representation surrender or warranty as termination thereof, except (i) upon recordation by Tenant of a quitclaim deed specifically conveying the Easement back to Landlord or (ii) the termination of this Lease pursuant to its terms, (d) non-use of the Easement shall not prevent the future use of the entire scope thereof, and (e) no use of or improvement to the construction Lease Area or any lands benefited by the Easement, and no assignment or sublease hereof or thereof, shall, separately or in the aggregate, constitute an overburdening of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.Easement.

Appears in 1 contract

Sources: Solar Lease Agreement

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. A. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants covenant as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking commencement of possession of business operations from the Premises by Tenant shall conclusively presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject only to (i) minor “punchlist” matters related to the Building brought to Landlord’s attention within ten (10) days after the Lease Commencement Date, and (ii) Landlord’s ongoing repair and maintenance obligations set forth in Article 7, below. Landlord shall deliver the Premises to Tenant fully decommissioned, in good, vacant, broom clean condition, and otherwise in substantially the same condition as of the date of this Lease, in compliance with all Applicable Laws (to the extent required to allow the legal occupancy of the Premises or completion of the Tenant Improvements), free of Hazardous Materials (as defined below), free of all other tenancies and other occupancy rights, with the Building’s roof water-tight and shall cause the plumbing, electrical systems, fire sprinkler system, lighting, and all other building systems serving the Premises to be in good operating condition and repair on or before the Lease Commencement Date (the “Delivery Condition”). The date of Landlord’s delivery of the Premises to Tenant in the Delivery Condition is the “Delivery Date”, which date is currently estimated to be May 1, 2020 and Tenant shall have no obligation to accept delivery of the Premises prior to May 1, 2020. Landlord shall use commercially reasonable and diligent efforts to deliver the Premises in the Delivery Condition by May 1, 2020. Notwithstanding anything in this Lease to the contrary, Landlord shall, at Landlord’s sole cost and expense (which shall not be deemed an “Operating Expense,” as that term is defined in Section 1.1.4 4.2.4), repair or replace any failed or inoperable portion of the Building systems serving the Premises during the first twelve (12) months of the initial Lease term (“Warranty Period”), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with Tenant (collectively, “Tenant Damage”), or by any modifications, Alterations or improvements constructed by or on behalf of Tenant. Landlord shall coordinate such work with Tenant and any punch list items identified shall utilize commercially reasonable efforts to perform the same in a manner designed to minimize interference with Tenant’s use of the Premises. To the extent repairs which Landlord is required to make pursuant to Exhibit B.this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. Landlord will be responsible for causing, at its sole expense, the exterior of the Building, the existing Building entrances, and all Common Areas (including required striping and handicapped spaces in the parking areas) to be in compliance with Applicable Laws, to the extent required to allow the legal occupancy of the Premises or completion of the Tenant Improvements (except to the extent such compliance is triggered specifically by Tenant’s particular Tenant Improvements). Any process utilities shall be provided without warranty, in their currently existing, “as-is” condition.

Appears in 1 contract

Sources: Lease (Maze Therapeutics, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "Premises"). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the "Building" and the "Project," as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Tenant hereby acknowledges that Tenant has been in possession of a portion of the Premises consisting of approximately 8,983 rentable square feet of space (the “Sublease Premises”) in accordance with that certain Sublease dated as of April 21, 2016 (the “Sublease”) by and between Tenant and Solazyme, Inc. (“Sublessor”) prior to the Lease Commencement Date and accordingly Landlord shall have no obligation to deliver, and Tenant shall continue to occupy, such portion of the Premises to Tenant. The taking of possession of the remainder of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Except when and where Tenant's right of access is specifically excluded in this Lease, subject Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 1.1.4 and any punch list items identified pursuant to Exhibit B.2.1, below.

Appears in 1 contract

Sources: Lease (Audentes Therapeutics, Inc.)

The Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord Landlord, the premises set forth in Section 2.2 of the Summary (the "Premises"). The outline location of the Premises is set forth in Exhibit A A‑1 attached hereto. The outline hereto and the Premises contains approximately the number of square feet as set forth in Section 2.2 of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCs") herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A A‑1 is to show the approximate location of the Premises in the "Project", as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas,” ", as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the Project,” as that term is defined . Tenant shall accept the Premises in Section 1.1.2, below. Except as specifically set forth in this Lease its otherwise existing "as-is" condition and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant acknowledges that pursuant to the TCCs of Article 21 hereof, Tenant is solely responsible for the Completion of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the size, construction or condition of the Premises, the Building Buildings or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business. Tenant shall be entitled to the exclusive use the following amenities to be constructed by Tenant within the Buildings (the "Amenities"), except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession such Amenities shall be a portion of the Premises by Tenant shall conclusively establish that for all purposes hereunder: the Premises gym, the cafe and the Building were at such time in good and sanitary order, condition and repairBuildings' exterior common areas as depicted on Exhibit A‑1 attached hereto. In addition to the Premises, subject to Section 1.1.4 the TCCs, the CC&Rs and/or any Future CC&Rs, commencing on the Lease Commencement Date Tenant shall be entitled to the non-exclusive use, together with other tenants and any punch list items identified pursuant to Exhibit B.owners within the Project, of the sports courts and bike storage areas located on Lot 8 ("Court and Bike Areas").

Appears in 1 contract

Sources: Lease Agreement (Broadcom Cayman L.P.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and each floor or floors of the “Building” and Premises has the “Project,” number of rentable square feet as those terms are defined set forth in Section 1.1.2 below, are further depicted on 2.2 of the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit A is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.31,1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The Premises shall be delivered to Tenant with all electrical service, plumbing (including water and waste plumbing), and HVAC serving and located in the Premises (hereinafter, the “Base Building Systems”) in operating condition and working order. In the event Landlord has actual knowledge or receives from Tenant Notice, prior to the Commencement Date, of a problem with the operating condition or working order of any such Base Building Systems, Landlord will promptly proceed to correct or remediate such condition in such manner as Landlord determines is appropriate to cure such condition. Subject to the foregoing, Landlord shall have no liability to Tenant, and Tenant shall have no remedy, for a breach of the foregoing covenant, and no such condition shall operate to otherwise delay the Commencement Date or otherwise affect the validity of this Lease. Except as specifically set forth above with respect to the operating condition of the Base Building Systems in the Premises, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding the foregoing, subject Tenant hereby acknowledges and agrees that (i) the Premises are not new, (ii) that Landlord is providing Tenant with the Tenant Improvement Allowance in order that Tenant may repair and refurbish the Premises, (iii) that other than providing the Tenant Improvement Allowance, and agreeing that the Base Building Systems serving and located in the Premises, as specified above, will be in operating condition and working order, Tenant has agreed to Section 1.1.4 accept the Premises in “AS IS WHERE IS” condition and repair, and (iv) that Tenant, as part of the Tenant Improvement Allowance, or otherwise at its sole cost and expense, shall be responsible for repairing or replacing any punch list damaged or broken ceiling lighting, electrical outlets, ceiling tiles, casework, doors, or other items identified pursuant to Exhibit B.in the Premises. Notwithstanding the foregoing, Landlord shall be responsible, for a period of six (6) months following the Commencement Date, for providing that any Base Building systems serving the Premises (for example, the HVAC system, or the electrical system, serving the Premises), as well as any structural components of the Building, are in good working order and repair.

Appears in 1 contract

Sources: Office Lease (Hyperion Therapeutics Inc)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "Premises"). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, belowthereof, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"), Tenant shall accept the Premises in its presently existing "as-is" condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking commencement of possession of business operations from the Premises by Tenant shall conclusively presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject except for (i) minor "punchlist" matters related to the Premises or Building which are brought to Landlord's attention within thirty (30) days after Tenant commences business operations from the Premises; (ii) latent defects in the performance of work required to satisfy the "Delivery Condition", as that term is defined in Section 1.1.4 1 of the Tenant Work Letter attached hereto, which are brought to Landlord's attention on or before the first (1st) anniversary of the Lease Commencement Date; and (iii) Landlord's obligations set forth in Section 5.4 and Articles 7 and 24 of this Lease. Notwithstanding the foregoing, upon the Delivery Date, the Building Structure (including the roof, roof membrane and skylights) and the HVAC system constituting a Building System (the "Warranted Items") shall be in good working condition and repair, and Landlord hereby covenants that the Warranted Items shall remain in good working condition until the later of (A) twelve (12) months following the Lease Commencement Date and (B) April 30, 2020 ("Landlord's Warranty Period"). Landlord shall, at Landlord's sole cost and expense (which shall not be deemed an Operating Expense, as that term is defined in Section 4.2.3), repair or replace any punch list items identified failed or inoperable portion of the Warranted Items during the Landlord's Warranty Period, provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence (collectively, "Tenant Damage") of Tenant, its subtenants and/or assignees, if any, or any Tenant Parties, as that term is defined in Section 10.8, below, by any modifications, Alterations, as that term is defined in Section 8.1 below, or improvements (including the Tenant Improvements, as that term is defined in Section 2.1 of the Work Letter) constructed by or on behalf of Tenant, or by Tenant's failure to comply with the terms of Article 7 below. Landlord's warranty set forth in this Section 1.1.1 shall not be deemed to require Landlord to replace any portion of the Warranted Items, as opposed to repair such portion of the Warranted Items, unless prudent commercial property management practices dictate replacement rather than repair of the item in question. To the extent repairs which Landlord is required to make pursuant to Exhibit B.this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. If it is determined that the Warranted Items (or any portion thereof) were not in good working condition and repair as of the Delivery Date, Landlord shall not be liable to Tenant for any damages, but as Tenant's sole remedy, Landlord, at no cost to Tenant, shall promptly commence such work or take such other action as may be necessary to place the same in good working condition and repair, and shall thereafter diligently pursue the same to completion.

Appears in 1 contract

Sources: Office Lease (SoFi Technologies, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A Exhibits ▇-▇, ▇-▇ and A-3 attached hereto. The outline hereto and each floor or floors of the “Building” and Premises has the “Project,” number of rentable square feet as those terms are defined set forth in Section 1.1.2 below, are further depicted on 2.2 of the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant covenants covenant as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it each of them respectively to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A Exhibits ▇-▇, ▇-▇ and A-3 is to show the approximate location of the Premises in the Building (as defined below) only, and such Exhibit exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the Common Areas,” Areas (as that term is defined in Section 1.1.3, below, ) or the elements thereof or of the accessways to the Premises or the “Project,” Project (as that term is defined in Section 1.1.2, below). Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the initial improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of Subject to Landlord’s reasonable access requirements (such as the Premises by access card recognition described at Section 27.4 below), casualty and force majeure, Tenant shall conclusively establish that have access to the Premises Premises, Common Areas and Parking Structure at all times during the Building were at such time in good and sanitary orderLease Term on a 24 hours per day, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.7 days a week basis.

Appears in 1 contract

Sources: Office Lease (Epicor Software Corp)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A 1.1.1-1 attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A 1.1.1-1 is to show the approximate location of the Premises onlyPremises, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, 1.1.3 below, or the elements thereof or of the accessways access ways to the Premises or the “Project,” ”, as that term is defined in Section 1.1.2, 1.1.2 below. Except as specifically set forth Tenant shall accept the Premises in this Lease its presently existing “as-is” condition and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Landlord shall deliver the Premises to Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding with the condition of the Premisesfloor plan (i.e., the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession layout) of the Premises by Tenant in substantial conformance with Exhibit 1.1.1-1 attached hereto. The Premises shall conclusively establish that exclude Common Areas, including without limitation exterior faces of exterior walls, the Premises entry, vestibules and main lobby of the Building were at such time Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator w▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.common with other parts of the Building.

Appears in 1 contract

Sources: Lease (Organovo Holdings, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The , and an outline of the “Building” and the “Project,” as those terms are defined Project is set forth in Section 1.1.2 below, are further depicted on the Site Plan Exhibit A-1 attached hereto as Exhibit A-1hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Notwithstanding the foregoing, Landlord shall deliver the Premises to Tenant in “broom-clean” condition with any holes patched and any missing ceiling tiles replaced and touch-up paint where necessary. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking commencement of possession of business operations from the Premises by Tenant shall conclusively presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 Landlord’s limited warranty and responsibilities related thereto set forth hereinbelow. Notwithstanding the foregoing, Landlord hereby represents to Tenant that the roof of the Building, including the roof membrane, all structural components of the Building, including the foundation, all lighting, ballasts and lighting elements in the Building and all Building Systems (including all HVAC, electrical and plumbing systems) serving the Premises are operational, in good condition and working order, and water tight, as of the Lease Commencement Date and Landlord shall warrant the condition and operation thereof for the first ninety (90) days of the Lease Term. Such warranty shall mean that, in the event that any punch list items identified pursuant of the roof, any structural components of the Building or any Building Systems (as defined in Article 7 of this Lease) (including all HVAC, electrical and plumbing systems) serving the Premises shall fail to Exhibit B.be operational or in good condition and working order during the first ninety (90) days of the Lease Term, Tenant shall notify Landlord in writing of the failure of this warranty, which notice shall specify the failure with particularity, and Landlord, at its sole cost and expense and not as part of Operating Expenses, Additional Rent or otherwise, shall promptly commence and thereafter repair or otherwise address such failure such that it is remedied within a reasonable time after receipt of Tenant’s notice, given the nature of the failure to be addressed.

Appears in 1 contract

Sources: Office Lease (COUPONS.com Inc)

The Premises. 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord Landlord, the premises set forth Premises designated in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted outlined on the Site Floor Plan attached hereto as Exhibit A-1"A" in the building at the address designated in the Summary (the "BUILDING"), located on the parcel of real property (the "SITE") under the Building, subject to those rules and regulations attached hereto as Exhibit D, and such additional reasonable rules and regulations as Landlord may deliver in writing to Tenant from time to time. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Premises, Building, or Site except as specifically stated in this Lease. The parties hereto agree that the lease Tenant's leasing of the Premises is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. . 1.2 The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location rights and obligations of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to parties regarding the construction of the PremisesPremises are described in Paragraphs 2 and 3 of this Lease, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter ("WORK LETTER") attached hereto as Exhibit B (E. Any inconsistency between the “Tenant provisions of the Work Letter and the provisions of the balance of the Lease shall be governed by the provisions of the Work Letter”), Landlord . 1.3 The Premises as described herein shall not be obligated include the right of Tenant to provide or pay for any improvement work or services related to use the improvement loading dock. The obligations of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except Premises as specifically set forth provided in this Lease shall be applicable to the loading dock as well as to the remainder of the Premises. 1.4 References in this Lease to "rentable square feet", "rentable square footage" and "rentable area" shall have the same meanings, and Tenant Work Letter. The taking of possession hereby acknowledges and agrees that the rentable square footage of the Premises shall be deemed, and is, 134,847 rentable square feet excluding the basement parking and storage areas. No adjustment in the Monthly Basic Rent, Tenant's Percentage Share, any monetary or other obligation of Tenant, or any other term of this Lease shall be made by Tenant shall conclusively establish that reason of any discrepancy in the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.rentable square footage which is later discovered.

Appears in 1 contract

Sources: Sublease (Organic Inc)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of Premises for the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1Lease Term. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the Building, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the Common Areas,” , as that term is defined in Section 1.1.31.1.2, below, or the elements thereof or of the accessways to the Premises or the Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto and Landlord’s on-going repair and maintenance obligations set forth in Article 7 of this Lease, Tenant shall accept the Premises in its existing, “as Exhibit B (the “Tenant Work Letter”)is” condition, and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that Tenant has accepted the Premises in its condition as of the date of such occupancy and that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to any punchlist items concerning improvements required by the terms of this Lease to be made by Landlord for which Landlord receives written notice within thirty (30) days following Landlord’s delivery of the Premises to Tenant. Notwithstanding the foregoing, upon the Lease Commencement Date, the Base Building, as that term is defined in Section 1.1.4 8.2 of this Lease, shall be in water tight and any punch list items identified good working condition and repair, and Landlord hereby covenants that the Base Building shall remain in good working condition for a period of two (2) years following the Lease Commencement Date pursuant to Exhibit B.the terms and conditions of this Section 1.1.1. Landlord shall, at Landlord’s sole cost and expense (which shall not be deemed an Operating Expense, as that term is defined in Section 4.2.3), repair or replace any failed or inoperable portion of such Base Building during such two (2) year period (“Landlord’s Two Year Warranty”), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence (collectively, “Tenant Damage”) of any Tenant Party, as that term is defined in Section 10.1, below, or by any modifications, Alterations, as that term is defined in Section 8.1 below, or improvements (including the Tenant Improvements, as that term is defined in Section 2.1 of the Tenant Work Letter) constructed by or on behalf of any Tenant Party. Landlord’s Two Year Warranty shall not be deemed to require Landlord to replace any portion of any Base Building, as opposed to repair such portion of such Base Building, unless prudent commercial property management practices dictate replacement rather than repair of the item in question. To the extent repairs which Landlord is required to make pursuant to this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. If it is determined that the Base Building (or any portion thereof) was not in good working condition and repair as of the Lease Commencement Date, Landlord shall not be liable to Tenant for any damages, but as Tenant’s sole remedy, Landlord, at no cost to Tenant, shall promptly commence such work or take such other action as may be necessary to place the same in good working condition and repair, and shall thereafter diligently pursue the same to completion.

Appears in 1 contract

Sources: Sublease Agreement (Snowflake Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "Premises"). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCs") herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the Project, as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or any elements of the elements thereof Project or of the accessways to the Premises or the Project,” , as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant "Work Letter"), Tenant shall accept the Premises in its existing "as-is" condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant ▇▇▇▇▇▇ also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building Buildings or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s ▇▇▇▇▇▇'s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession Notwithstanding the foregoing or anything to the contrary set forth herein, Landlord shall deliver the Premises to Tenant in Delivery Condition (as hereinafter defined). "Delivery Condition" means the Tenant Improvements have been Substantially Completed, and the Premises is vacant and broom clean. In addition, notwithstanding the foregoing, on the Substantial Completion of the Premises by Tenant shall conclusively establish that the Premises and Improvements, the Building were at such time Systems, and Building Structure, as those terms are defined in Section 7.1 of this Lease, shall be in good and sanitary order, working condition and repair, subject watertight condition, and in compliance with Applicable Laws, to the extent required to allow the legal occupancy of the Premises for the Permitted Use and obtain permits for construction of the Tenant Improvements, and Landlord hereby covenants that the Building Systems shall remain in good working condition for a period of six (6) months following the Lease Commencement Date ("Warranty Period"). If the Building Systems or any component thereof is not in good working condition and repair, is not in compliance with Applicable Laws as required in the preceding sentence, or otherwise has failed or is inoperable during the Warranty Period, Landlord shall, at Landlord's sole cost and expense (which shall not be deemed an Operating Expense, as that term is defined in Section 1.1.4 and 4.2.1), promptly repair or replace any punch list items identified such Building Systems (or any portions or components thereof) ("Landlord's Six Month Warranty"), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any Tenant Parties, as that term is defined in Section 10.1, below (collectively, "Tenant Damage"), or by any Alterations, as that term is defined in Section 8.1 below, constructed by or on behalf of Tenant (excluding the Tenant Improvements). Landlord's Six Month Warranty shall not be deemed to require Landlord to replace any portion of the Building Systems, as opposed to repair such portion of such Building Systems, unless prudent commercial property management practices dictate replacement rather than repair of the item in question. To the extent repairs which Landlord is required to make pursuant to Exhibit B.this Section 1.1.1 are necessitated in part by Tenant Damage and not covered by Landlord's insurance, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. Landlord represents and warrants to Tenant that, as of the Effective Date, Landlord has no actual knowledge of the presence of any Hazardous Materials in violation of Applicable Laws in, on, or under the Project, which are of such a nature that a federal, state, local or municipal governmental authority would require removal or other containment, if it had knowledge of the presence of such Hazardous Materials, in the state, and under the conditions that they then exist in the Project, as such Environmental Laws are enforced against and applicable to the Project as of the Effective Date. Subject to compliance with Applicable Laws, Tenant shall have the right to access the Premises, Project, and the parking facilities, serving the Project twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year during the Lease Term.

Appears in 1 contract

Sources: Lease (SITIME Corp)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline hereto and each floor or floors of the “Building” Premises has the approximate number of rentable square feet as set forth in Exhibit A; provided, however, it is understood that Exhibit A is based on Tenant’s current conceptual drawings which have not yet been approved by Landlord, and the “Project,” as those terms rentable (and usable) square footage of the Premises are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1subject to change. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall shall, from and after the Lease Commencement Date, conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Section 1.1.4 and any except for (i) correction of punch list items identified pursuant to Exhibit B.B, (ii) Landlord’s express obligations regarding latent defects during the Latent Defect Period, and (iii) Landlord’s continuing repair obligations, as set forth elsewhere in this Lease. Landlord shall repair latent defects (which include non-compliance with applicable laws, governmental rules, orders, licenses, zoning and building codes in effect as of the Lease Commencement Date, and non-compliance with any commercially reasonable requirements of insurance carriers, rating bureaus or underwriters providing coverage on the Premises as of the Lease Commencement Date) in the Base Building Improvements provided Tenant notifies Landlord of such defects in writing within two (2) years following the Lease Commencement Date (the “Latent Defect Period”) except to the extent such latent defects were caused by, contributed to or made worse by any failure by Tenant to maintain and repair the Premises as required by this Lease, Tenant’s Work or any Alterations made by Tenant, or any other act or omission by Tenant, its agents, contractors or employees. Repairs or changes necessitated by normal wear and tear, casualty, condemnation, changes in applicable law, governmental requirements and/or insurance requirements after the Lease Commencement Date, acts of third parties or events of Force Majeure shall not be deemed “latent defects” for purposes of the foregoing. Except when and where Tenant’s right of access is specifically excluded as the result of: (i) an emergency, (ii) a requirement by law or the Rules and Regulations (as defined in Section 5.2), or (iii) a specific provision set forth in this Lease, Tenant shall have the right of ingress to and egress from the Premises, the Building, and the Project walkways, driveways and parking areas twenty-four (24) hours per day, seven (7) days per week, fifty two (52) weeks per year during the Lease Term, subject to and in compliance with any reasonable access control system established by Landlord for the Building and/or Project. The Premises shall include a designated and marked loading zone area (the “Tenant Loading Zone”), as shown approximately on Exhibit G, with direct and immediate access to a loading door into the Premises for the exclusive use of Tenant. Landlord shall have no right to relocate Tenant’s Premises, including the Tenant Loading Zone, without prior written consent of Tenant, such consent to be given or withheld by Tenant in its sole discretion. Tenant agrees that the portion of the Premises located on the second (2nd) floor of the Building (the “Second Floor”) may be delivered without a fire-rated exit corridor (“Second Floor Exit Corridor”) in place. If at any time Landlord leases any space on the Second Floor to a third party, and provided Tenant fails to lease the applicable space pursuant to the Right of First Refusal or Right of First Offer (as such terms are hereinafter defined), as the case may be, then Landlord, shall, prior to occupancy of such space by the new tenant, construct the Second Floor Exit Corridor, in which event Tenant shall promptly construct such Alterations in and to the Premises as may be needed for the Premises to accommodate the Second Floor Exit Corridor (including, without limitation, adding entry and exit doors and reconfiguring the layout of the Premises if required), at its sole cost and expense (which may be funded out of the then remaining balance of the Tenant Improvement Allowance, if any, subject to the terms, conditions and limitations set forth in Exhibit B). Tenant acknowledges that construction of the Second Floor Exit Corridor will occur during normal business hours and is likely to involve noise, vibrations, dirt, dust, smoke, debris, odors, and other conditions that may interfere with or disrupt Tenant’s business in the Premises, and that such work may also result in temporary interference with access to the Premises, disruption or reduction of utilities, and other conditions that may interfere with or disrupt Tenant’s business in the Premises or may otherwise inconvenience or damage Tenant. Landlord shall have no responsibility for any loss of, or damage or injury to, Tenant’s business in the Premises related to construction of the Second Floor Exit Corridor, and Tenant hereby waives any cause of action, claim, cross-claim, counterclaim, third party claim or any other claim, whether in equity or law, and whether in tort or in contract, and all other rights and remedies, whether or not expressly set forth in this Lease (including, but not limited to, any right to ▇▇▇▇▇ rents, vacate or abandon the Premises and/or cancel or terminate this Lease), based on, arising out of, or connected with, either directly or indirectly, any term, provision, matter, fact, event or occurrence related to Landlord’s construction of the Second Floor Exit Corridor, nor shall the same be deemed a constructive or actual eviction of Tenant or a breach of Landlord’s covenant of quiet enjoyment, provided Landlord uses commercially reasonable efforts to minimize interference with Tenant’s operations in the Premises. Upon construction of the Second Floor Exit Corridor (or, if applicable, upon Tenant’s leasing the balance of the Second Floor pursuant to the Right of First Refusal, Right of First Offer or Tenant’s rights under Section 1.4), the Rentable Area of the portion of the Premises located on the Second Floor shall be recalculated accordingly using the procedures set forth in Section 1.1.2.

Appears in 1 contract

Sources: Office Lease (HMS Holdings Corp)

The Premises. Subject to the terms of this Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is depicted in Exhibit B attached hereto and has the number of rentable square feet as set forth in Exhibit A attached hereto. The outline Section 2.2 of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A B is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except Tenant shall accept the Premises in its presently existing “as-is” condition as specifically set forth in this of the Lease Date and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, Premises except as specifically otherwise expressly set forth in this Lease and or in the work letter attached hereto as Exhibit D. Tenant Work Letter. The taking of possession acknowledges that no representations or warranties as to the condition or repair of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. Before Tenant may occupy the Premises to conduct business therein, Tenant shall, at its expense, obtain and deliver to Landlord a certificate of occupancy from the appropriate governmental authority for the Premises or the portion of the Premises that Tenant intends to occupy if Tenant is legally permitted to obtain a certificate of occupancy for only a portion of the Premises, and further provided that Tenant shall conclusively establish that not be permitted to occupy any portion of the Premises for which T▇▇▇▇▇ has not obtained and delivered a certificate of occupancy. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the Building were at such time entry, vestibules and main lobby of the Building, lobbies and common lavatories, the common stairways and stairwells, boiler room, sprinkler rooms, mechanical rooms, loading and receiving areas, break area, conference room, exercise area, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in good and sanitary order, condition and repair, subject to Section 1.1.4 and any punch list items identified pursuant to Exhibit B.common with other parts of the Building.

Appears in 1 contract

Sources: Lease Agreement (Pelthos Therapeutics Inc.)