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 Initial Premises is set forth in Exhibit A-1 attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of 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 (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 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 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 Work Letter attached hereto as Exhibit B (the “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 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.

Appears in 1 contract

Sources: Sublease 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 TCCs 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 access ways 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 that, except as expressly stated in this Lease and in the Tenant Work Letter, 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 Except as otherwise provided in 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. 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 (iii) a specific provision set forth in this Lease, Tenant shall have the right of ingress and egress to the Premises and the Project parking areas twenty-four (24) hours per day, seven (7) days per week, every day of the year during the Lease Term. Notwithstanding the foregoing, Tenant hereby acknowledges that access to the Building, the Building parking facility and Common Areas may be restricted on New Year's Eve and New Year's Day due to the annual Rose Bowl Parade; provided, however, that Tenant shall continue to have access to the Premises at all times and Landlord shall use commercially reasonable efforts, to the extent within Landlord’s reasonable control, to provide Tenant with access to the Building parking facility notwithstanding the fact that such restrictions may be in place.

Appears in 1 contract

Sources: Office Lease (Arrowhead Pharmaceuticals, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 TCCs 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 access ways 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 Work Letter attached hereto as Exhibit B (the "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 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.

Appears in 1 contract

Sources: Sublease (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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of Premises (including the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Phase I Premises and the Must-Take Space). Each floor or floors of the Premises Phase II 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 (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 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 access ways 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 Work Letter attached hereto as Exhibit B (the "Work Letter"), and subject to Landlord's performance of the work described in Exhibit J attached hereto (the "Landlord Work"), Tenant shall otherwise 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 Work Letter. The taking Subject to Landlord's ongoing maintenance and repair obligations expressly set forth in this Lease and Section 1.1.4 below, the commencement of possession of business operations from the applicable Premises by Tenant shall otherwise conclusively establish that the applicable Premises and the Building were at such time in good and sanitary order, condition and repair., except for minor "punchlist" matters related to the applicable Premises brought to Landlord's attention by Tenant within ten

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Halozyme 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 Initial Premises is set forth in Exhibit A-1 A attached hereto hereto. Landlord and Tenant hereby acknowledge and agree that the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors rentable square footage of the Premises has the number of rentable square feet is as set forth in Section 2.2 of the Summary, and that such rentable square footage shall not be subject to remeasurement or modification. 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 TCCs 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 access ways 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. 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.

Appears in 1 contract

Sources: Lease Agreement (Rovi 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 Initial Premises is set forth in Exhibit A-1 attached hereto hereto, and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (the “TCCs”) 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 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 Building A Premises in Building A, only, and the “Building,” as that term is defined approximate location of the Building B Premises in Section 1.1.2, belowBuilding B, 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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 business, except as specifically set forth in this Lease and the Work Letter. The taking of possession of any portion of the Premises by Tenant shall conclusively establish that such portion of the Premises and associated elements of the Building in which such portion of the Premises is situated, were at such time in good and sanitary order, condition and repair (subject, however, to any Base Building Punchlist Items (as that term is defined in Section 1.3 of the Work Letter). Notwithstanding the foregoing, upon the applicable Lease Commencement Date, each Base Building, as that term is defined in Section 8.2 of this Lease, shall be in good working condition and repair and in compliance with Applicable Laws, to the extent required to allow the legal occupancy of the Premises for the Permitted Use, and the Base Building Plans (as defined in, and required by, Section 1.1 of the Work Letter), and Landlord hereby covenants that each Base Building shall remain in good working condition for a period of twelve (12) months following the applicable Final Condition Date applicable to such Building pursuant to the TCCs 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 Base Building during such twelve (12) month period (“Landlord’s Twelve Month 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 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 Improvements, as that term is defined in Section 2.1 of the Work Letter) constructed by or on behalf of Tenant. Landlord’s Twelve Month 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 and not covered by Landlord’s insurance, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. If it is determined that either Base Building (or any portion thereof) was not in good working condition and repair as of the applicable Final Condition Date, Landlord shall not be liable to Tenant for any damages, but 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; and Landlord shall repair any damage to the Original Improvements arising in connection with Landlord’s work.

Appears in 1 contract

Sources: Office Lease (Box 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (the “TCCs”) 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 TCCs 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 access ways 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 exhibits attached hereto, including 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 exhibits attached hereto, including 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.

Appears in 1 contract

Sources: Office Lease (Atlassian Corp PLC)

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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 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 access ways 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 Work Letter attached hereto as Exhibit B (the " 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 Work Letter. The Except as specifically set forth in this Lease and in the Work Letter attached hereto as Exhibit B, 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.

Appears in 1 contract

Sources: Office Lease (Concur 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 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) Landlord’s obligations set forth in Article 7 of this Lease with respect to the condition and repair of the “Building Structure,” as that term is defined in Article 7 of this Lease, (ii) Landlord’s obligations set forth in Article 24 of this Lease with regard to compliance with “Applicable Laws,” as that term is defined in such Article 24, and (iii) Landlord’s obligations set forth in Section 29.33 of this Lease with respect to “Hazardous Materials,” as that term is defined in such Section 29.33 of this Lease; provided, however, that Landlord hereby covenants that upon delivery of the Premises to Tenant, (A) the Building Structure and “Building Systems” (as that term is defined in Section 6.2 below) shall at such time be in good and sanitary order, condition and repair, and (B) the Premises and parking areas servicing the Building (including, without limitation, the path of travel between the Building and such parking areas, other than with respect to the path of travel between the Building and the parking spaces located to the south-west of the building located at ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇), and exit lighting within the Building and egress lighting at all exit doors leaving the Building, shall be in compliance with all applicable building codes and Applicable Laws (including but not limited to Title 24, seismic, fire and life safety, structural support of existing MEP items and ceilings, and exit lighting requirements,) in effect at the time of Landlord’s delivery of the Premises to the Tenant, and Landlord shall be solely responsible for all costs and expenses (i.e., and not as part of Operating Expenses) incurred in order to cure any deficiencies vis-à-vis such covenants and bring such Premises into compliance with the foregoing codes. To the actual knowledge of ▇▇▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (Landlord’s Portfolio Manager with respect to the Project), without any duty of investigation or any duty of inquiry, Landlord has not, as of the date of this Lease, received from any applicable governmental agency any written notice of violation or violations (or claim thereof) relating to Applicable Laws, or applicable zoning, ordinances, building codes or CC&Rs with regard to the Premises or the Building existing as of the date of this Lease; provided, however, the foregoing representation does not apply with respect to any alterations, additions or improvements made (or to be made) by Tenant. If, within the first twelve (12) months following ▇▇▇▇▇▇’s occupancy of the Premises, it is discovered that any of the Building Systems do not have an estimated remaining useful life of at least the duration of the Lease Term, Landlord shall, at its sole cost and expense, make any repairs and/or replacements necessary to put the Building Systems in the condition required by the immediately preceding two (2) sentences.

Appears in 1 contract

Sources: Office Lease (Roka BioScience, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summaryhereto. 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 TCCs 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 access ways 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 the Premises business operations from by Tenant shall conclusively presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, except for minor “punchlist” matters related to the Building brought to Landlord’s attention within ten (10) days after Tenant commences business operations from the Premises.

Appears in 1 contract

Sources: Office Lease (Cra International, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant ------------ hereby leases from Landlord the premises which are to be constructed by Landlord in accordance with the Tenant Work Letter which premises shall contain the approximate number of square feet set forth in Section 2.2 of the Summary (the “Premises”"PREMISES"). The outline of the Initial Premises is set forth in Exhibit A-1 attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of 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 (the “TCCs”"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 TCCs TCC's 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 EXHIBIT A --------- is to show the approximate location of the Premises in the “Building"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"COMMON AREAS," as that term is defined in Section 1.1.3, below, or the elements thereof or of the access ways 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 EXHIBIT B (the “Work Letter”"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 when the Premsies are Ready for Occupancy, by Tenant shall conclusively establish that the Premises and the Building were is at such time in good and sanitary order, condition and repair, subject only to punchlist items and Landlord's obligations set forth in Article 7 of this Lease, including, without limitation, Landlord's obligation to maintain in accordance with Section 7.1 the "Building Structure" as that term is defined in Section 7.1 of this Lease.

Appears in 1 contract

Sources: Lease (Diversa 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of the Premises has the number of rentable ofrentable 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 (the “TCCs”) herein set forth, and Tenant covenants as a material part paii of the consideration for this Lease to keep and perform each and all of such TCCs 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 patiies 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 access ways 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.

Appears in 1 contract

Sources: Office Lease (Forge Global Holdings, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 Premises, which is a part of the Summary (the “Premises”)Property. The outline of the Initial Premises is set forth in Exhibit A-1 attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryA attached. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forthforth in this Lease, 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 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, Exhibit A-2, and Exhibit A-3 is to show the approximate location of the Premises in Premises, the “Building,” Office Lobby, the Office Elevators, the Concession Area, the Project loading areas, Tenant’s Generator (as that term is defined in Section 1.1.2, 6.5.1 below) and access to the Parking Garage, only, and such Exhibit is Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building, or the Project, the precise area thereof or the specific location of the Common Areas,” , as that term is defined in Section 1.1.31.1.4, below, or the elements thereof or of the access ways accessways to the Premises Premises, Building 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 B, including, without limitation, Landlord’s obligation to construct the Base, Shell and Core (as that term is defined in Section 1.1 of the Tenant Work Letter), and to satisfy the Final Completion Condition (as that term is defined in Section 1.5 of the Tenant Work Letter), Tenant shall accept each floor of the Premises in their “as is” condition as of the Lease Commencement Date, and 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 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.

Appears in 1 contract

Sources: Office Lease (F5 Networks 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the hereto. The outline of the Must-Take Space is set forth “Building” and the “Project,” as those terms are defined in Exhibit A-2 Section 1.1.2 below, are further depicted on the Site Plan attached hereto (as used hereinExhibit A-1, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of 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 (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 TCCs 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 access ways 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, and except in the event of an emergency, Tenant shall have access to 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 loading area; provided, however, that Tenant shall only be permitted to 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 set forth in Section 2.2 of the Summary (the "Premises"). The outline of the Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummarySummary (which shall not be subject to re-measurement or modification except in connection with a change in the physical size of the Premises). 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 TCCs 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 access ways 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 '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, except that, notwithstanding anything to the contrary contained in this Lease or the Work Letter, Landlord shall deliver the Premises to Tenant with the roof in water tight condition and with all Building systems, including without limitation, HVAC, mechanical, electrical, life safety and plumbing systems, in good operating condition and repair, and any repairs to such components of the Building which are reasonably required during the first ninety (90) days of the Term shall be at Landlord's sole cost and expense.

Appears in 1 contract

Sources: Office Lease (Zeltiq Aesthetics 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the hereto. The outline of the Must-Take Space is set forth "Building" and the "Project," as those terms are defined in Exhibit A-2 Section 1.1.2 below, are further depicted on the Site Plan attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit 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 TCCs 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 access ways 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.

Appears in 1 contract

Sources: Lease (VistaGen 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 TCCs 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 access ways 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 T▇▇▇▇▇ 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 T▇▇▇▇▇'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 satisfactory and sanitary order, condition and repair. However, notwithstanding the foregoing, L▇▇▇▇▇▇▇ agrees that the Building electrical, mechanical, elevator, heating, ventilation and air conditioning and plumbing systems located in or serving the Premises shall be in good working order as of the Lease Commencement Date. Except to the extent caused by the negligent acts or omissions of Tenant or any of its agents, contractors, employees, licensees or invitees or by any alterations or improvements performed by or on behalf of Tenant (other than the Tenant Improvements), if such systems are not in good working order as of the Lease Commencement Date and Tenant provides Landlord with notice of the same within three hundred sixty-five (365) days following the Lease Commencement Date, Landlord shall be responsible for repairing or restoring the same at Landlord’s sole cost. As of the date hereof, L▇▇▇▇▇▇▇ has not received written notice from any governmental agencies, and Landlord has no knowledge, that the Premises is in violation of laws, including Title III of the Americans with Disabilities Act.

Appears in 1 contract

Sources: Office Lease (Soleno 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 TCCs 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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 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.

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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 TCCs 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 access ways 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 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 repairrepair except for minor “punchlist” matters related to the Building brought to Landlord’s attention within ten (10) days after ▇▇▇▇▇▇ commences business operations from the Premises.

Appears in 1 contract

Sources: Office Lease (NightHawk Radiology 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 TCCs 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 access ways 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 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, except for minor “punchlist” matters related to the Building brought to Landlord’s attention within ten (10) days after Tenant commences business operations from the Premises.

Appears in 1 contract

Sources: Office Lease (Rockley Photonics Holdings LTD)

The Premises. Landlord hereby leases to Tenant and Tenant ------------ hereby leases from Landlord the premises which are to be constructed by Landlord in accordance with the Tenant Work Letter which premises shall contain the approximate number of square feet set forth in Section 2.2 of the Summary (the “Premises”"PREMISES"). The outline of the Initial Premises is set forth in Exhibit A-1 attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of 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 (the “TCCs”"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 TCCs TCC's 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 EXHIBIT A is to show the --------- approximate location of the Premises in the “Building"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"COMMON AREAS," as that term is defined in Section 1.1.3, below, or the elements thereof or of the access ways 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 EXHIBIT B (the “Work Letter”"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 when the Premises are Ready for Occupancy, by Tenant shall conclusively establish that the Premises and the Building were is at such time in good and sanitary order, condition and repair, subject only to punchlist items and Landlord's obligations set forth in Article 7 of this Lease, including, without limitation, Landlord's obligation to maintain in accordance with Section 7.1 the "Building Structure" as that term is defined in Section 7.1 of this Lease.

Appears in 1 contract

Sources: Lease (Diversa 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 TCCs 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 access ways 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 (subject to Landlord’s obligation to maintain the “Building Systems” (defined in Article 7 below) serving the Premises) 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 Landlord’s ongoing maintenance and repair obligations, set forth herein.

Appears in 1 contract

Sources: Office Lease (Airbnb, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the hereto. The outline of the Must-Take Space is set forth “Building” and the “Project,” as those terms are defined in Exhibit A-2 Section 1.1.2 below, are further depicted on the Site Plan attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit 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 TCCs 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 access ways accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except Accordingly, as specifically set forth of the Lease Commencement Date, Tenant shall accept the Premises in this Lease its presently existing “as-is” condition and in the Work Letter attached hereto as Exhibit B (the “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 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 repairLease.

Appears in 1 contract

Sources: Lease Agreement (Kalobios Pharmaceuticals 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 TCCs 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, 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 access ways accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, 1.1.2 below. Except Landlord and Tenant acknowledge that Tenant is currently occupying the Premises pursuant to an existing Sublease Agreement with Oracle USA, Inc.; therefore, except as specifically set forth in this Lease and in the Work Letter attached hereto as Exhibit B (the “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 and Tenant shall continue to accept the Premises and the Building in their presently existing, "as-is" 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 's business, except as specifically set forth in this Lease and 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 repairLease.

Appears in 1 contract

Sources: Office Lease (Wageworks, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises Phase I Premises and the Phase II Premises set forth in Section 2.2 of the Summary (each, a “Phase” and individually and collectively, the "Premises"). The outline of the Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 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 access ways 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 Work Letter attached hereto as Exhibit B (the "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. However, notwithstanding the foregoing, Landlord agrees that the Building Systems serving each Phase of the Premises (and in any Must-Take Space) shall be in good working order as of the date Landlord delivers possession of such Phase of the Premises to Tenant. Except to the extent caused by a BS/BS Exception (as defined in Article 7 below) or otherwise arising in connection with any Alterations performed by or on behalf of Tenant, if such Building Systems are not in good working order as of the date possession of the applicable Phase of the Premises is delivered to Tenant, Landlord shall be responsible for repairing the same at Landlord’s sole cost and expense, provided that Tenant has delivered written notice to Landlord (i) with respect to any Building Systems in the Phase I Premises, no later than forty-five (45) days following the Phase I Premises Lease Commencement Date, (ii) with respect to any Building Systems in the Phase II Premises, no later than forty-five (45) days following the Phase II Premises Lease Commencement Date, and (iii) with respect to any Building Systems in any Must-Take Space, no later than forty-five (45) days following the applicable Must-Take Effective Date (the “Systems Warranty”). 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 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.

Appears in 1 contract

Sources: Office Lease (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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 TCCs 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 access ways 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 Work Letter attached hereto as Exhibit B (the “Work Letter”), 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 hereby agrees, at Landlord's sole cost and expense, to complete all work as listed Exhibit B, attached hereto and made a part hereof (the "Landlord Work"). Landlord Work excludes any IT, data and cabling installation in the Premises and any Tenant fixtures, furnishings and equipment. All Landlord Work shall be completed in a good and workmanlike manner to Landlord's "Building standard" condition, using Building standard methods, materials and procedures. Except to the extent caused by the acts or omissions of Tenant or any Tenant Parties (as defined in Section 10.13 below) by any Alterations or improvements performed by or on behalf of Tenant, if the Building Systems located within and/or serving the Premises are not in good working order as of the Lease Commencement Date and Tenant provides Landlord with notice of the same within sixty (60) days following the Lease Commencement Date, Landlord shall be responsible for repairing or restoring the same at Landlord's sole cost and expense (and without reimbursement from Tenant).Tenant shall make no changes or modifications to the Landlord Work without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Any additional improvements constructed in the Premises shall be constructed by Tenant in accordance with the terms and conditions of Article 8 of the Lease. 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 fo11h in this Lease and Lease. Subject to any repairs required by Landlord under this Section 1.1.1, 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.

Appears in 1 contract

Sources: Office Lease (Atlantic Acquisition 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 TCCs 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 access ways accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth Tenant acknowledges that Tenant has inspected the Premises and that Tenant shall accept the Premises in this Lease its presently existing, "as-is" condition, and in the Work Letter attached hereto as Exhibit B (the “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 Lease. Except as set forth in Article 7, below, 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.

Appears in 1 contract

Sources: Office Lease (Cardionet Inc)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Sections 2.2 and 2.3 of the Summary, which is comprised of the initial premises (the “Initial Premises”) and the additional premises (the “Additional Premises”), as set forth in Section 2.2 and 2.3 of the Summary (collectively, the “Premises”). The outline of the Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 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 access ways 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 (including both the Initial Premises and the Additional Premises). Landlord covenants that Landlord’s construction of the Building, pursuant to Section 1.1 of the Tenant Work Letter and Article 24 of this Lease, complies with applicable laws to the extent necessary for Tenant to obtain and maintain a certificate or occupancy (or temporary certificate of occupancy) for the Premises, and is acceptable for a general office use. 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 (both the Initial Premises and the Additional Premises, respectively) 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 punchlist items, latent defects and Landlord’s obligations set forth in Article 7 of this Lease.

Appears in 1 contract

Sources: Office Lease (Memec 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 TCCs 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 access ways 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 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, except for (i) minor “punchlist” matters related to the Premises or Building which are brought to Landlord’s attention within ten (10) days after Tenant commences business operations from the Premises; (ii) latent defects in the construction of the “Tenant Improvements”, as that term is defined in Section 2.1 of the Tenant Work Letter attached hereto, which are brought to Landlord’s attention on or before the first (1st) anniversary of the Phase I Lease Commencement Date or the Phase II Lease Commencement Date, as applicable; and (iii) Landlord’s obligations set forth in Section 5.4 and Articles 7 and 24 of this Lease.

Appears in 1 contract

Sources: Office Lease (Trulia, 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 Initial Premises is set forth in Exhibit A-1 attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has approximately 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 (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 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 “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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 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.

Appears in 1 contract

Sources: Office Lease (AssetMark Financial 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the hereto. The outline of the Must-Take Space is set forth "Building" and the "Project," as those terms are defined in Exhibit A-2 Section 1.1.2 below, are further depicted on the Site Plan attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit 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 TCCs 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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 Work LetterLease. 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"as-is" condition.

Appears in 1 contract

Sources: Lease (Vaxart, Inc.)

The Premises. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises” and sometimes also herein referred to as the “Building”). The outline of the Initial Premises is set forth in Exhibit A-1 A attached hereto hereto. Landlord and Tenant hereby acknowledge and agree that the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors rentable square footage of the Premises has the number of rentable square feet shall be as set forth in Section 2.2 of the SummarySummary 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 (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 TCCs 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 access ways accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except . (b) Tenant acknowledges and agrees that it has been occupying the Premises pursuant to a Sublease dated as specifically set forth in this Lease of November 5, 1998, as amended, between Tenant and in the Work Letter attached hereto as Exhibit B Applied Materials, Inc., a Delaware corporation (the Work LetterApplied Materials Sublease”), Landlord shall not be obligated to provide or pay for any improvement work or services related to and that its occupancy of the improvement Premises commencing on the Lease Commencement Date is a continuation of its previous occupancy of the Premises. Tenant also is familiar with the condition of the Premises and agrees to accept the Premises on and from the Lease Commencement Date in its existing “as is” condition without any obligation of Landlord to repair, remodel, improve or alter the Premises, to perform any other construction or other work of improvement upon the Premises, or to provide Tenant with any construction or refurbishing allowance whatsoever. Tenant further acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building Premises 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 Work Letter. The taking of possession Tenant’s occupancy of the Premises by Tenant as of the Lease Commencement Date shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair.

Appears in 1 contract

Sources: Office Lease (ShoreTel 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”"PREMISES"). The outline of the Initial Premises is set forth in Exhibit A-1 EXHIBIT A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summaryhereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (collectively, the “TCCs”"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 TCCs 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 EXHIBIT A is to show the approximate location of the Premises in the “Building"BUILDING," as that term is defined in Section 1.1.2, 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"COMMON AREAS," as that term is defined in Section 1.1.3, below, or the elements thereof or of the access ways 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 EXHIBIT B (the “Work Letter”"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 completion of "Landlord's Work," as that term is set forth in Section 1.1 of the Tenant Work Letter, pursuant to the TCCs (including the correction of any deficiencies thereof) of such 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.

Appears in 1 contract

Sources: Office Lease (Amn Healthcare Services Inc)

The Premises. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "Premises" and sometimes also herein referred to as the "Building"). The outline of the Initial Premises Project is set forth in Exhibit A-1 A attached hereto hereto. Landlord and Tenant hereby acknowledge and agree that the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors rentable square footage of the Premises has the number of rentable square feet shall be as set forth in Section 2.2 of the SummarySummary and that the same shall not be subject to remeasurement or modification. 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 each party covenants as a material part of the consideration for this Lease to keep and perform each and all of such TCCs terms, covenants and conditions 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 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 "Exterior Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the access ways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. . (b) Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “"Tenant Work Letter"), (i) Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. , and (ii) 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 Premises or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except that, on the Lease Commencement Date, the Base Building (as specifically defined below) shall be in good condition and repair (except to the extent repairs are necessitated by the acts or omissions of Tenant or any Tenant Parties, as defined in Section 10.1.2 below). If it is determined that the Base Building (or any portion thereof) were not in good condition and repair as of the Lease Commencement Date (for reasons other than the acts or omissions of Tenant or any Tenant Parties), Landlord shall not be liable to Tenant for any damages, but as Tenant's sole remedy, Landlord, at no cost to Tenant, shall perform such work or take such other action as may be necessary to place the same in good condition and repair; provided, however, that if Tenant does not give Landlord written notice of any deficiency in the Base Building within ninety (90) days following the Lease Commencement Date, correction of such deficiency shall be the obligation of Landlord or Tenant, as the case may be, pursuant to the terms and conditions set forth in this Lease and Article 7 below. Subject to the Work Letter. The foregoing, 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. As used in this Lease, the "Base Building" means the base building systems, components and equipment serving the Premises, including, but not limited to, the HVAC, electrical and plumbing systems, the structural integrity of the Building, including the roof structure, and the roof membrane.

Appears in 1 contract

Sources: Office Lease (Netgear, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto hereto. Landlord and Tenant hereby acknowledge and agree that the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors RSF of the Premises has the number of rentable square feet is stipulated as set forth in Section 2.2 of the Summary, and that such RSF shall not be subject to remeasurement or modification. 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 the parties each covenants as a material part of the consideration for this Lease to keep and perform each and all of such TCCs 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 access ways 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 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 Notwithstanding the Premises by Tenant shall conclusively establish that foregoing, upon the Premises 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, and Landlord hereby covenants that the Building Systems shall remain in good working condition for a period of twelve (12) months following the Lease Commencement Date and any applicable First Offer Commencement Date pursuant to 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 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. 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 Initial Premises is set forth in Exhibit A-1 A-3 attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has approximately the number of rentable square feet as set forth in Section 2.2 2.4 of the Summary. 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 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 in the “Building,” as that term is defined in Section 1.1.2, below, 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 access ways 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 Work Letter attached hereto as Exhibit B (the " 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 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 (i) a list of punch list items provided to 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 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 Initial Premises is set forth in Exhibit A-1 attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of 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 (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 TCCs 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 Tenant shall accept the Premises and the Building in the “Building,” as that term is defined in Section 1.1.2, below, onlytheir "as-is" condition, 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 access ways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except except as specifically set forth in this Lease and in the Work Letter attached hereto as Exhibit B (the “Work Letter”)Section 8.6 below, 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 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. Notwithstanding the foregoing, on the date of delivery of each Phase constituting the Premises, Landlord shall deliver such Phase (“Delivery Condition”) vacant, free and clear of any tenants, subtenants or other occupants, including, without limitation, the Existing Tenant and Existing Subtenant (as such terms are defined in Section 2.2 below).

Appears in 1 contract

Sources: Office Lease (C3.ai, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of 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 (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 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 access ways 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 Work Letter attached hereto as Exhibit B (the " 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 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. Landlord agrees to deliver possession of the Premises to Tenant promptly following the vacation of the Premises by the existing tenant.

Appears in 1 contract

Sources: Office Lease (Retrophin, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of 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 (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 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 access ways accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth The parties acknowledge that Tenant is currently in this Lease occupancy of the Premises pursuant to an existing sublease. Tenant shall continue to accept the Premises in its existing "as-is" condition and in the Work Letter attached hereto as Exhibit B (the “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 Work LetterLease. The taking of continued 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.

Appears in 1 contract

Sources: Office Lease (Viking 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummarySummary (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 (the “TCCs”) 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 TCCs terms, covenants and conditions by it each party 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 layout of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, onlyPremises, and such Exhibit is not meant to constitute an agreement, a representation or warranty as to the construction exact dimensions 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 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 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.

Appears in 1 contract

Sources: Lease (THQ 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has approximately 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 (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 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 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 1.1.3, below), or the elements thereof or of the access ways 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 Work Letter Agreement attached hereto as Exhibit B (the “Work LetterLetter Agreement”), 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 Work LetterLetter Agreement. 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.

Appears in 1 contract

Sources: Sublease Agreement (Acadia Pharmaceuticals 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary, which shall not be changed except in connection with a change in the physical size of the Premises. 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 TCCs 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 access ways 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 Tenant acknowledges that it has been occupying the Work Letter attached hereto as Exhibit B (Premises pursuant to the terms of the “Work LetterSublease), as defined in Section 1.1.4, below, and shall continue 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, Premises except as specifically otherwise expressly set forth in this Lease and or in the Tenant Work Letter. The taking Letter attached hereto as Exhibit B. For purposes of possession Section 1938 of the Premises by California Civil Code, Landlord hereby discloses to Tenant, and Tenant shall conclusively establish hereby acknowledges, that the Project, Building and Premises and the Building were at such time in good and sanitary order, condition and repairhave not undergone inspection by a Certified Access Specialist (CASp).

Appears in 1 contract

Sources: Consent to Sublease Agreement (Audentes 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 Initial Premises is set forth in Exhibit A-1 A attached hereto hereto, and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has contains approximately the number of rentable square feet as set forth in Section 2.2 of the Summary, subject to the provisions of Section 1.2 below. 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 TCCs 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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 Tenant shall accept possession of the Premises in an “as-is” 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 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. Nothing contained in this Section 1.1.1 shall affect Tenant’s rights under any warranties or guaranties assigned to Tenant pursuant to Section 4 of the Work Letter.

Appears in 1 contract

Sources: Office Lease (Cotherix 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary, which shall not be changed except in connection with a change in the physical size of the Premises. 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 TCCs 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 access ways accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except Tenant acknowledges that it has been occupying the Premises pursuant to the terms of the "Sublease", as specifically set forth defined in this Lease Section 1.1.4, below, and shall continue accept the Premises in the Work Letter attached hereto as Exhibit B (the “Work Letter”), 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, Premises except as specifically otherwise expressly set forth in this Lease and or in the Tenant Work Letter. The taking Letter attached hereto as Exhibit B. For purposes of possession Section 1938 of the Premises by California Civil Code, Landlord hereby discloses to Tenant, and Tenant shall conclusively establish hereby acknowledges, that the Project, Building and Premises and the Building were at such time in good and sanitary order, condition and repairhave not undergone inspection by a Certified Access Specialist (CASp).

Appears in 1 contract

Sources: Lease Agreement (Solazyme 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 Summary, consisting of the Building F Premises, the Building A Premises, and the Building C Premises (collectively, the “Premises”). The outline of the Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of the Premises has or have approximately 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 (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 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 “BuildingBuildings,” 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 access ways 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 acknowledges that Tenant is currently in possession of the Premises pursuant to that certain lease by and between Malibu Canyon Office Partners, LLC, predecessor-in-interest to Landlord, and Tenant (formerly known as Ixia Communications, Inc.), dated November 5, 1999, as amended (the “Existing Lease”), and, therefore, the continued possession of the Premises by Tenant on and after the date of this Lease shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to the completion of “Landlord’s work,” as that term is defined in Section 1.2 of the Tenant Work Letter. Notwithstanding anything set forth in the Existing Lease to the contrary, upon the Lease Commencement Date the Existing Lease shall terminate in its entirety and shall be of no further force or effect (except with respect to those provisions which specifically survive the expiration or earlier termination of the Existing Lease). 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.

Appears in 1 contract

Sources: Office Lease (Ixia)

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”"PREMISES"). The outline of the Initial Premises is set forth in Exhibit A-1 EXHIBIT A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. Landlord and Tenant hereby stipulate and agree that the rentable area of the Premises is as set forth in Section 2.2 of the Summary, and such square footage shall not be subject to remeasurement or modification. 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 TCCs 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 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 access ways 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 EXHIBIT B (the “Work Letter”"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.

Appears in 1 contract

Sources: Office Lease (Salon Media Group 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the hereto. The outline of the Must-Take Space is set forth "Building" and the "Project," as those terms are defined in Exhibit A-2 Section 1.1.2 below, are further depicted on the Site Plan attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit 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 TCCs 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 access ways 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, 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 2.1, below.

Appears in 1 contract

Sources: Lease (Audentes 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 TCCs 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 access ways accessways to the Premises or the “ProjectProperty,” 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 Property 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.

Appears in 1 contract

Sources: Sublease (Reddit, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summaryhereto. 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 TCCs 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 access ways 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 (inclusive of Schedule 1 attached hereto as Exhibit B (the “Work Letter”thereto), 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 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 '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 as set forth herein and completion of possession any "Punch List Items," as that term is defined in the Tenant Work Letter, pursuant to the Tenant Work Letter, the commencement of business operations from the Premises by Tenant shall conclusively establish that the portion of the Premises and the Building were at such time in good and sanitary order, condition and repair.

Appears in 1 contract

Sources: Office Lease (Penumbra 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. Landlord and Tenant hereby stipulate and agree that the rentable area of the Premises is as set forth in Section 2.2 of the Summary, and such square footage shall not be subject to remeasurement or modification. 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 TCCs 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 access ways 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 T▇▇▇▇▇ 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 TenantT▇▇▇▇▇’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 Tenant’s punchlist items. Subject to Landlord’s reasonable access control systems and procedures, 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 the Premises twenty-four (24) hours per day, seven (7) days per week.

Appears in 1 contract

Sources: Office Lease (LoopNet, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 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) Landlord’s obligations set forth in Article 7 of this Lease with respect to the condition and repair of the “Building Structure,” as that term is defined in Article 7 of this Lease, (ii) Landlord’s obligations set forth in Article 24 of this Lease with regard to compliance with “Applicable Laws,” as that term is defined in such Article 24, and (iii) Landlord’s obligations set forth in Section 29.33 of this Lease with respect to “Hazardous Materials,” as that term is defined in such Section 29.33 of this Lease; provided, however, that Landlord hereby covenants that upon delivery of the Premises to Tenant, (A) the Building Structure and “Building Systems” (as that term is defined in Section 6.2 below) shall at such time be in good and sanitary order, condition and repair, and (B) the Premises and parking areas servicing the Building (including, without limitation, the path of travel between the Building and such parking areas, other than with respect to the path of travel between the Building and the parking spaces located to the south-west of the building located at ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇), and exit lighting within the Building and egress lighting at all exit doors leaving the Building, shall be in compliance with all applicable building codes and Applicable Laws (including but not limited to Title 24, seismic, fire and life safety, structural support of existing MEP items and ceilings, and exit lighting requirements,) in effect at the time of Landlord’s delivery of the Premises to the Tenant, and Landlord shall be solely responsible for all costs and expenses (i.e., and not as part of Operating Expenses) incurred in order to cure any deficiencies vis-à-vis such covenants and bring such Premises into compliance with the foregoing codes. To the actual knowledge of Mrs. ▇▇▇▇▇▇▇▇ Bristol (▇▇▇▇▇▇▇▇’s Portfolio Manager with respect to the Project), without any duty of investigation or any duty of inquiry, Landlord has not, as of the date of this Lease, received from any applicable governmental agency any written notice of violation or violations (or claim thereof) relating to Applicable Laws, or applicable zoning, ordinances, building codes or CC&Rs with regard to the Premises or the Building existing as of the date of this Lease; provided, however, the foregoing representation does not apply with respect to any alterations, additions or improvements made (or to be made) by ▇▇▇▇▇▇. If, within the first twelve (12) months following ▇▇▇▇▇▇’s occupancy of the Premises, it is discovered that any of the Building Systems do not have an estimated remaining useful life of at least the duration of the Lease Term, Landlord shall, at its sole cost and expense, make any repairs and/or replacements necessary to put the Building Systems in the condition required by the immediately preceding two (2) sentences.

Appears in 1 contract

Sources: Office Lease (Roka BioScience, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of 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 (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 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 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, only and such Exhibit is not meant to constitute constitute' an agreement, representation or warranty as to the construction 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 .11 .3, below, or the elements thereof or of the access ways accessways to the Premises or the "Project," as that term is defined in Section 1.1.22 below, below. Except as specifically set forth Tenant shall accept the Premises in this Lease its existing "as-is" condition and in the Work Letter attached hereto as Exhibit B (the “Work Letter”), Landlord shall not be obligated to provide or pay for any improvement improvements work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor Landlord' not 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 . Tenant also acknowledges and agrees that Tenant is currently in occupancy of the Premises (or shall soon after the date of this Lease be in occupancy of the Premises) pursuant to an existing sublease agreement dated as of the date hereof (the "Existing STMicroelectronics Sublease) with respect to a portion of the space leased from Landlord pursuant to the that certain existing Office Lease with STMicroelectronics, Inc., a Delaware corporation, dated as of June 4, 2004 (as amended, the "STMicroelectronics Lease). Accordingly, (1) Landlord shall have no obligation to deliver the Premises to Tenant upon the Lease Commencement Date, (ii) Tenant acknowledges and agrees that it shall be fully aware of the Work Lettercondition of the Premises as of the Lease Commencement Date, and (iii) Tenant shall accept the Premises as of the Lease Commencement Date in its then 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. The taking of In the event that the Existing Sublease is terminated for any reason prior to the current expiration date thereof (i.e., July 31, 2014), this Lease shall be unaffected and shall remain in full force and effect. Tenant's continued possession of the Premises by Tenant as of the Lease Commencement Date, shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair.

Appears in 1 contract

Sources: Office Lease (Affymetrix Inc)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 2 of the Summary together with all rights, privileges, access to Premises through parking easements and appurtenances belonging or in anyway pertaining thereto (the "Premises"). The outline of the Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (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 TCCs terms, covenants and conditions by it them 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 about 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 access ways 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 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.

Appears in 1 contract

Sources: Lease Agreement (Cord Blood America, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of 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 (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 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 access ways 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 Section 1.1.4 below, Tenant shall accept the Work Letter attached hereto as Exhibit B (the Premises in its existing Work Letter”), 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 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.

Appears in 1 contract

Sources: Office Lease (Rockley Photonics Holdings LTD)

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 Initial Premises is set forth in Exhibit A-1 A attached hereto hereto. Landlord and Tenant hereby acknowledge and agree that the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors RSF of the Premises has the number of rentable square feet 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 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 that term is defined in Section 1.1 of the Tenant Work Letter). 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 the parties each covenants as a material part of the consideration for this Lease to keep and perform each and all of such TCCs 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,” "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 access ways 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, 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 applicable First Offer Commencement Date pursuant to 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. 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of the Premises has approximately 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 (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 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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 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.

Appears in 1 contract

Sources: Sublease Agreement (Amplitude, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 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 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 access ways accessways to the Premises or the "Project," as that term is defined in Section 1.1.21.1,2, below. Except as specifically set forth in this Lease and in the Work Letter attached hereto as Exhibit B (the “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 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.

Appears in 1 contract

Sources: Office Lease (Global Clean Energy Holdings, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises premises, set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of the Premises has approximately 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 (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 TCCs 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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 acknowledges and agrees that Tenant is, as of the date hereof, occupying (among other space in the Building) the Premises covered hereunder pursuant to that certain lease (“Existing Lease”) dated June 19, 1990 by and between Landlord’s predecessor-in-interest, Regents Park Executive Center Joint Venture and Tenant. As such, Tenant acknowledges and agrees that it has had an opportunity to inspect the Premises, the Building and the Project, and finds the same in satisfactory condition and repair. 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 Work LetterLease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises Premises, the Building and the Building Project were at such time in good and sanitary order, condition and repair.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Pacific Mercantile Bancorp)

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 Initial Premises is set forth in Exhibit A-1 A attached hereto hereto. Landlord and Tenant hereby acknowledge and agree that the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors rentable square footage of the Premises has the number of rentable square feet is as set forth in Section 2.2 of the Summary, and that such rentable square footage shall not be subject to remeasurement or modification. 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 TCCs 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 access ways 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 '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 only to (i) to Landlord's obligation to complete any punch list items in accordance with Section 1.1 of the Tenant Work Letter, and (ii) Landlord's obligations set forth in Article 7 of this Lease with respect to the maintenance and repair of the Base Building (as defined in Section 8.2 of this Lease).

Appears in 1 contract

Sources: Office Lease (Healthequity, 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 " XE "Premises" Premises"). The outline of the Initial Premises is set forth in Exhibit A-1 A attached hereto and the hereto. The outline of the Must-Take Space is set forth "Building" and the "Project," as those terms are defined in Exhibit A-2 Section 1.1.2 below, are further depicted on the Site Plan attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit 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 TCCs 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 access ways 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 " XE "Tenant Work Letter" 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 upon the date of delivery of the Substantial Completion Certificate to Tenant in connection with the Tenant Improvements, as those terms are defined in the Tenant Work Letter (the " XE "Possession Date" "Possession Date"), and no action by Tenant shall be required therefor. If Landlord fails to cause the Possession Date to occur on or before February 1, 2023 (the “ XE "Outside Date" Outside Date”), then Tenant shall be entitled to rent abatement in the amount of one day of Base Rent for each day after the Outside Date that the Possession Date has not occurred. If Landlord fails to cause the Possession Date to occur on or before April 1, 2023, (" XE "Final Date" Final Date"), then Tenant, at its option, may terminate this Lease by written notice to Landlord. In the event of such termination by ▇▇▇▇▇▇, all sums paid by Tenant to Landlord under this Lease shall be fully refunded to Tenant and neither party shall have any further obligations hereunder. The Outside Date and Final Date shall each be extended by any Tenant Delay (as defined in the Tenant Work Letter) or delays caused by Force Majeure. 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 Notwithstanding the foregoing, Landlord shall deliver the Premises to Tenant in good, vacant, broom clean condition, in compliance with Applicable Laws, to the extent required to allow the legal occupancy of the Premises by Tenant Premises, with the roof water-tight and shall conclusively establish that cause the plumbing, electrical systems, fire sprinkler system, lighting, HVAC (hereinafter defined), and all other building systems serving the Premises and the Building were at such time to be in good and sanitary order, operating condition and repairrepair on or before the Lease Commencement Date. Any process utilities shall be provided without warranty, in their currently existing, "as-is" condition.

Appears in 1 contract

Sources: Lease (Tempest 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”"PREMISES"). The outline of the Initial Premises is set forth in Exhibit A-1 EXHIBIT A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. 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 Lease, to keep and perform each and all of such TCCs terms, covenants and conditions by it them, respectively, to be kept and performed and that under this Lease is made upon the condition of such performanceLease. The parties hereto hereby acknowledge that the purpose of Exhibit 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 access ways 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 EXHIBIT B (the “Work Letter”"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.

Appears in 1 contract

Sources: Office Lease (Navarre Corp /Mn/)

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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary--------- hereto. 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 TCCs 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 access ways 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 ; provided, however, that in the event that any of possession the base building electrical, plumbing or HVAC systems (specifically excluding the "Excluded Portions," as that term is defined below) are not in good working order as of the date of delivery of the Premises by to Tenant, Tenant shall conclusively establish that deliver notice thereof within thirty (30) days following Landlord's delivery of the Premises to Tenant and Landlord shall, at Landlord's cost and expense, promptly commence and diligently pursue the Building were at such time completion of repairs to the applicable system required to put the same in good working order. For purposes of this Lease, the "Excluded Portions" shall mean any portion of the electrical, plumbing and sanitary orderHVAC systems which was not in existence prior to the construction of tenant improvements in the Building, condition which Excluded Portions shall specifically shall include the distribution of the electrical, plumbing and repairHVAC systems. Subject to Landlord's reasonable rules and regulations, Tenant shall have access to the Premises, twenty-four (24) hours a day, three hundred sixty-five (365) days a year.

Appears in 1 contract

Sources: Office Lease (Extreme Networks Inc)

The Premises. Upon and subject to the terms 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 of the Summary (the “Premises”). The outline of the Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of the Premises has approximately the number of rentable square feet as set forth in Section 2.2 4 of the Summary. 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 TCCs 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 1.1.3 below and the elements thereof or of the access ways accessways to the Premises or the “Project,” as that term is defined in Section 1.1.21.1.2 below. Landlord and Tenant acknowledge that Tenant has been occupying the Premises pursuant to the Existing Lease and therefore Tenant continues to accept the Premises in its presently existing, below“as is” condition. Except as specifically set forth in this Lease and in the Work Letter attached hereto as Exhibit B (the “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 Building, the “Adjacent Buildings,” as defined in Section 1.1.2, below, 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 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 repairLease.

Appears in 1 contract

Sources: Office Lease and Settlement Agreement (Peregrine Systems 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 Initial Premises is set forth in Exhibit A attached hereto, and an outline of the Project is set forth in Exhibit A-1 attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summaryhereto. 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 TCCs 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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 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 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 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 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. 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 Initial Premises is set forth in Exhibit A-1 attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, hereto. Landlord and Tenant hereby acknowledge and agree that the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors RSF of the Premises has the number of rentable square feet is stipulated as set forth in Section 2.2 of the Summary, and that such RSF shall not be subject to remeasurement or modification. 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 TCCs 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- 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 access ways 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 Work Letter attached hereto as Exhibit B (the “Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises, except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). 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.

Appears in 1 contract

Sources: Office Lease (8x8 Inc /De/)

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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, 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 TCCs 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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 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 ongoing repair and maintenance obligations set forth in this Lease.

Appears in 1 contract

Sources: Office Lease (Obagi Medical Products, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of the Premises has shall have approximately 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 (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 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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 1.1.1, (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 of the same need to 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 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 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 access ways to the Premises or the "Project," as that term is defined in Section 1.1.21.1,2, below. Except as specifically set forth in this Lease and in the Work Letter attached hereto as Exhibit B (the “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 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.

Appears in 1 contract

Sources: Office Lease (Global Clean Energy Holdings, Inc.)

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section Sections 2.2 and 2.3 of the Summary (the “Premises”), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectively. The outline of the Initial Premises is set forth in Exhibit A and Exhibit A-1 attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summaryhereto. 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 TCCs 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 Exhibits A and 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 access ways accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except Tenant hereby acknowledges that Tenant shall accept the Premises (including both the Initial Premises and the Additional Premises) in its existing, “as-is” condition as specifically set forth in this Lease of the dates of Landlord’s delivery thereof, and in the Work Letter attached hereto as Exhibit B (the “Work Letter”), that Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. 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 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.

Appears in 1 contract

Sources: Office Lease (Akamai Technologies 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 Initial Premises is set forth in Exhibit A-1 attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryLease Term. 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 TCCs 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 access ways 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. 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.

Appears in 1 contract

Sources: Office Lease (INPHI Corp)

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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of the Premises has shall have approximately 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 (the “TCCs”) 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 TCCs 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 access ways 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, 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 set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline Landlord and Tenant hereby stipulate that, for purposes of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used hereinthis Lease, the term Premisesrentable square feetshall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet shall be deemed 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 (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 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 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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 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.

Appears in 1 contract

Sources: Office Lease (Aries Ventures 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the hereto. The outline of the Must-Take Space is set forth "Building" and the "Project," as those terms are defined in Exhibit A-2 Section 1.1.2 below, are further depicted on the Site Plan attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit 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 TCCs 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 access ways 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 (including, without limitation, Landlord’s obligation to cause the completion of the Landlord Work (as defined in Section 1.1 of the Tenant Work Letter) and correct any deficiencies in the construction of the Landlord Work, as and to the extent set forth in 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, except with respect to deficiencies and latent defects to the extent provided in the Tenant Work Letter. Upon the date Tenant accepts possession of the Premises, the Building Systems shall be in good working condition and repair, and Landlord hereby covenants that the Building Systems shall remain in good working condition for a period of one (1) year following the date Tenant takes possession under this Lease. 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 4.2.4), repair or replace any failed or inoperable portion of the Building Systems during such one (1) year period ("Landlord’s One Year Warranty"), 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. 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. In addition, to the extent that as of the delivery of the Premises to Tenant (a) the Premises are not in compliance with applicable laws (including the Americans With Disabilities Act) to the extent required to allow the legal occupancy of the Premises, Landlord shall remedy any such non-compliance at Landlord's sole cost and expense. If as of the date of delivery of the Premises to Tenant the Premises are found to contain any asbestos containing material or other "Hazardous Materials" (as defined in Section, 5.3.1.1 below) in violation of applicable laws, Landlord will remedy such violation of applicable laws at Landlord's sole cost and expense. Following the date the Premises are delivered to Tenant, Tenant shall have access to the Premises, the Building, and the parking areas serving the Building twenty-four) hours per day, seven (7) days per week, every day of the year during the Lease Term, subject to all applicable laws, Landlord’s reasonable access control procedures, and the terms of this Lease.

Appears in 1 contract

Sources: Lease (Compugen LTD)

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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of the Premises has approximately the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, 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 each of Landlord and Tenant covenants covenant as a material part of the consideration for this Lease to keep and perform each and all of such TCCs by it to be kept and performed by each of them hereunder, 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 neither Exhibit A nor Exhibits A-1 or A-2 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 access ways 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 Work Letter attached hereto as Exhibit B (the “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 Work Letter. The taking of possession Notwithstanding any provision to the contrary set forth in this Lease, Landlord shall, at Landlord’s sole cost and expense, deliver the Premises to Tenant with (a) all “Building Systems” (as that term is defined in Section 7.1.1, below) serving and within the Premises in good working condition, (b) the “Building Structure” (as that term is defined in Section 7.2.1 below) in good working condition, and (c) the Common Areas in good working condition. If, within the first twelve (12) months of the Premises by Tenant shall conclusively establish 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, Building Structure and/or Common Areas in the condition required by the immediately preceding sentence. To the actual knowledge of Landlord’s Portfolio Manager with respect to the Project, without any duty of investigation or any duty of inquiry, and without any personal liability accruing to such individual or otherwise being ascribed to such individual, Landlord has not, as of the date of this Lease, received from any applicable governmental agency any written notice of violation or violations (or claim thereof) relating to Applicable Laws (including, any applicable handicap access codes in effect as of the date of this Lease which were at such time created in good and sanitary orderorder to implement the Americans With Disabilities Act [the “ADA”]), condition and repair.or applicable zoning, ordinances, building codes or CC&R’s with regard to the Premises or the Building existing as of the date of this Lease; provided, however, the foregoing representation does not apply with respect to any alterations, additions or improvements made (or to be made) by Tenant. 702009.06/WLA -6- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.]

Appears in 1 contract

Sources: Office Lease (Accelrys, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each each floor or floors of 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 (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 TCCs 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 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"), 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 and to the extent specifically set forth in this Lease and the Tenant Work Letter. The taking For purposes of possession Section 1938 of the Premises by California Civil Code, Landlord hereby discloses to Tenant, and Tenant shall conclusively establish hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). Except when and where Tenant’s right of access is specifically excluded as the result of (i) a requirement by law, or (ii) a specific provision set forth in this Lease, Tenant shall have the right of ingress and egress to, and use of, 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 repairseven (7) days per week, three hundred sixty-five (365) days per year during the Lease Term.

Appears in 1 contract

Sources: Office Lease (Kite Pharma, 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 Initial Premises is set forth in Exhibit A-1 A attached hereto and the outline each of the Must-Take Space is set forth in Exhibit A-2 attached hereto (as used herein, the term “Premises” shall refer to both the Initial Premises and the Must-Take Space). Each floor or floors of 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 (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 TCCs 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,” Building (as that term is defined in Section 1.1.2, 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 access ways 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 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.

Appears in 1 contract

Sources: Office Lease (United Pan Am Financial Corp)