Common use of Appurtenant Rights Clause in Contracts

Appurtenant Rights. Subject to the matters set forth in subsection (i) below, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the following areas of the Property (collectively, the “Common Facilities”): (i) public or common lobbies, hallways, stairways, elevators (if any) and common walkways necessary for access to the Building and the Premises, and if the portion of the Premises on any floor includes less than the entire floor, any common toilets, any corridors required for access to the Premises and any elevator lobby of such floor; and (ii) the access roads, driveways, parking areas (as the same may be designated or modified by Landlord from time to time), loading areas, pedestrian sidewalks, landscaped areas, trash enclosures, if any, and other areas or facilities, if any, which are located in or on the Property and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building. Tenant’s employees and invitees shall be entitled to use sixty-two (62) of the parking spaces located on the parking area(s) located on the Property, fifty-three (53) of which parking spaces shall be used in common with others entitled thereto, on an unreserved, non-exclusive, first-come, first-served basis, and nine (9) of which parking spaces shall be located in the parking garage serving the Building in locations reasonably designated by Landlord from time to time on an exclusive, reserved basis, which exclusive, reserved parking spaces will be marked “Replimune”. Subject to the terms and provisions of this Section 2.2(a) and ARTICLE 14 below, Landlord shall not reduce the parking ratio for the Building (which is (x) 3.3 parking spaces per 1,000 rentable square feet of Premises Rentable Area for unreserved parking spaces, and (y) 0.5 parking spaces per 1,000 rentable square feet of Premises Rentable Area for reserved parking spaces) or the number of parking spaces that Tenant and Tenant’s employees and invitees are entitled to use pursuant to this Section 2.2(a), after the Term Commencement Date of this Lease. Landlord shall not be liable to Tenant, and this Lease shall not be affected, if any parking rights of Tenant hereunder are impaired by Applicable Law. Tenant shall have the right to install and use a Satellite Dish (as defined below) on the roof of the Building pursuant to the terms and provisions of Exhibit H attached hereto.

Appears in 1 contract

Samples: Lease (Replimune Group, Inc.)

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Appurtenant Rights. Subject to the matters set forth in subsection (i) below, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees rights to use in common with Landlord (subject to reasonable rules of general applicability to tenants and others, the following areas other users of the Property (collectively, the “Common Facilities”Building from time to time made by Landlord of which Tenant is given written notice): (ia) public or the common lobbies, hallwayscorridors, stairways, elevators and loading platform, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others; (if anyb) common driveways and common walkways necessary for access to the Building; (c) if the Premises include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby on such floor and serving the Premises; (d) the roof of the Building for telecommunications antennae and Tenant's Supplemental AC System (hereinafter defined); and (e) the parking areas, which shall at all times permit unreserved parking for Tenant at a ratio of 3.6 spaces per 1,000 square feet of Rentable Floor Area of the Premises, and if facilities serving the portion Building from time to time intended for general use by Tenant, other Building tenants, and visitors, subject to reasonable non-discriminatory rules from time to time made by Landlord of which Tenant is given notice. Tenant shall have the right, in common with all other tenants of the Premises on any floor includes less than Building, to use the entire floor, any common toilets, any corridors required for access to the Premises and any elevator lobby of such floor; and (ii) the access roads, driveways, parking areas (as serving the same may be designated Building without charge, on a first come, first served basis. Nothing contained in the Lease shall prohibit or modified by otherwise restrict Landlord from changing, from time to time), loading areaswithout notice to Tenant, pedestrian sidewalksthe location, landscaped areas, trash enclosures, if any, layout or type of the forgoing common areas and other areas or facilities, if any, which are located in or on the Property and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building. Tenant’s employees and invitees shall be entitled to use sixty-two (62) of the parking spaces located on the parking area(s) located on the Property, fifty-three (53) of which parking spaces shall be used in common with others entitled thereto, on an unreserved, non-exclusive, first-come, first-served basis, and nine (9) of which parking spaces shall be located in the parking garage serving the Building in locations reasonably designated by Landlord from time to time on an exclusive, reserved basis, which exclusive, reserved parking spaces will be marked “Replimune”. Subject to the terms and provisions of this Section 2.2(a) and ARTICLE 14 below, provided that Landlord shall not substantially reduce the parking ratio for the Building (which is (x) 3.3 parking spaces per 1,000 rentable square feet of Premises Rentable Area for unreserved parking spaces, and (y) 0.5 parking spaces per 1,000 rentable square feet of Premises Rentable Area for reserved parking spaces) or the number of parking spaces that Tenant and Tenant’s employees and invitees are entitled to available for use pursuant to this Section 2.2(a), after the Term Commencement Date of this Lease. Landlord shall not be liable to Tenant, and this Lease shall not be affected, if any parking rights of Tenant hereunder are impaired by Applicable Law. Tenant shall have the right to install and use a Satellite Dish (as defined below) on the roof tenants of the Building pursuant to the terms and provisions of Exhibit H attached heretoBuilding.

Appears in 1 contract

Samples: Edgewater Office (Alliance Data Systems Corp)

Appurtenant Rights. Subject to During the matters set forth in subsection (i) belowTerm, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees rights to use in common (subject to reasonable rules of general applicability to tenants and other users of the Building from time to time made by Landlord of which Tenant is given notice): (a) the common lobbies, corridors, stairways, elevators and loading platform of the Building, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with Landlord others; (b) common driveways and otherswalkways necessary for access to the Building; (c) if the Premises include less than the entire rentable floor area of any floor, the following common corridors, elevator lobby, and restroom facilities located on such floor; and (d) subject to Landlord’s right to temporarily close the Garage as provided in Exhibit F attached hereto, the Garage (as defined in Exhibit F attached hereto); and (e) all other areas of or facilities in or about the Property Building from time to time designated for general use in common by Tenant, other Building tenants, and Landlord (collectively, the “Common FacilitiesAreas): ). In addition Tenant shall have the exclusive right to use the Dedicated Venting System (i) public or common lobbies, hallways, stairways, elevators (if anyas defined in Section 5 of Exhibit F attached hereto) and common walkways necessary for the Back-Up Power and Supplemental Components (as defined in Section 6 of Exhibit F attached hereto) and the non-exclusive right to access to those portions of the Building and the PremisesProperty (including, and if the portion of the Premises on any floor includes less than the entire floorwithout limitation, any common toilets, any corridors required for access to the Premises and any elevator lobby of such floor; and (ii) the access roads, driveways, parking areas (as the same may be designated or modified by Landlord from time to time), loading areas, pedestrian sidewalks, landscaped areas, trash enclosures, if any, and other areas or facilities, if any, which are located in or on the Property and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building. Tenant’s employees and invitees shall be entitled to use sixty-two (62) of the parking spaces located on the parking area(s) located on the Property, fifty-three (53) of which parking spaces shall be used in common with others entitled thereto, on an unreserved, non-exclusive, first-come, first-served basis, and nine (9) of which parking spaces shall be located in the parking garage serving the Building in locations reasonably designated by Landlord from time to time on an exclusive, reserved basis, which exclusive, reserved parking spaces will be marked “Replimune”. Subject to the terms and provisions of this Section 2.2(a) and ARTICLE 14 below, Landlord shall not reduce the parking ratio for the Building (which is (x) 3.3 parking spaces per 1,000 rentable square feet of Premises Rentable Area for unreserved parking spaces, and (y) 0.5 parking spaces per 1,000 rentable square feet of Premises Rentable Area for reserved parking spaces) or the number of parking spaces that Tenant and Tenant’s employees and invitees are entitled to use pursuant to this Section 2.2(a), after the Term Commencement Date of this Lease. Landlord shall not be liable to Tenant, and this Lease shall not be affected, if any parking rights of Tenant hereunder are impaired by Applicable Law. Tenant shall have the right to install and use a Satellite Dish (as defined below) on the roof of the Building pursuant Building), to the extent necessary for the operation, maintenance, and repair of the Dedicated Venting System, all subject to, and in accordance with, the terms and provisions conditions set forth in Section 5 of Exhibit H F attached hereto).

Appears in 1 contract

Samples: Office Lease Agreement (Haemonetics Corp)

Appurtenant Rights. Subject to During the matters set forth in subsection (i) belowTerm, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees rights to use in common (subject to reasonable rules of general applicability to tenants and other users of the Building from time to time made by Landlord of which Tenant is given notice): (a) the common lobbies, corridors, stairways, elevators and loading platform of the Building, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with Landlord others; (b) common driveways and otherswalkways necessary for access to the Building; (c) if the Premises include less than the entire rentable floor area of any floor, the following common corridors, elevator lobby, and restroom facilities located on such floor; and (d) subject to Landlord’s right to temporarily close the Garage as provided in Exhibit F attached hereto, the Garage (as defined in Exhibit F attached hereto); and (e) all other areas of or facilities in or about the Property Building from time to time designated for general use in common by Tenant, other Building tenants, and Landlord (collectively, the “Common FacilitiesAreas): ). In addition Tenant shall have the exclusive right to use the Dedicated Venting System (i) public or common lobbies, hallways, stairways, elevators (if anyas defined in Section 5 of Exhibit F attached hereto) and common walkways necessary for the Back-Up Power and Supplemental Components (as defined in Section 6 of Exhibit F attached hereto) and the non-exclusive right to access to those portions of the Building and the PremisesProperty (including, and if the portion of the Premises on any floor includes less than the entire floorwithout limitation, any common toilets, any corridors required for access to the Premises and any elevator lobby of such floor; and (ii) the access roads, driveways, parking areas (as the same may be designated or modified by Landlord from time to time), loading areas, pedestrian sidewalks, landscaped areas, trash enclosures, if any, and other areas or facilities, if any, which are located in or on the Property and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building. Tenant’s employees and invitees shall be entitled to use sixty-two (62) of the parking spaces located on the parking area(s) located on the Property, fifty-three (53) of which parking spaces shall be used in common with others entitled thereto, on an unreserved, non-exclusive, first-come, first-served basis, and nine (9) of which parking spaces shall be located in the parking garage serving the Building in locations reasonably designated by Landlord from time to time on an exclusive, reserved basis, which exclusive, reserved parking spaces will be marked “Replimune”. Subject to the terms and provisions of this Section 2.2(a) and ARTICLE 14 below, Landlord shall not reduce the parking ratio for the Building (which is (x) 3.3 parking spaces per 1,000 rentable square feet of Premises Rentable Area for unreserved parking spaces, and (y) 0.5 parking spaces per 1,000 rentable square feet of Premises Rentable Area for reserved parking spaces) or the number of parking spaces that Tenant and Tenant’s employees and invitees are entitled to use pursuant to this Section 2.2(a), after the Term Commencement Date of this Lease. Landlord shall not be liable to Tenant, and this Lease shall not be affected, if any parking rights of Tenant hereunder are impaired by Applicable Law. Tenant shall have the right to install and use a Satellite Dish (as defined below) on the roof of the Building pursuant Building), to the extent necessary for the operation, [***]Confidential treatment has been requested maintenance, and repair of the Dedicated Venting System, all subject to, and in accordance with, the terms and provisions conditions set forth in Section 5 of Exhibit H F attached hereto).

Appears in 1 contract

Samples: Office Lease Agreement (Haemonetics Corp)

Appurtenant Rights. Subject to the matters set forth in subsection (i) below, Tenant shall have, as appurtenant to the ------------------ Premises, the non-exclusive right to use, and permit its Agents and invitees to use in common with Landlord and others, the following areas of the Property (collectively, the “Common Facilities”): (i) public or common lobbies, hallways, stairways, elevators (if any) and common walkways necessary for access to the Building and the Premises, and if the portion of the Premises on any floor includes less than the entire floor, any common toilets, any corridors required for access to the Premises and any elevator lobby of such floor; and (ii) the access roads, driveways, parking areas (as the same may be designated or modified by Landlord from time to time), loading areas, pedestrian sidewalks, landscaped areas, trash enclosures, if any, and other areas or facilities, if any, which are located in or on the Property and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building. Tenant’s employees and invitees shall be entitled to use sixty-two (62) of the parking spaces located on the parking area(s) located on the Property, fifty-three (53) of which parking spaces shall be used in common with others entitled thereto, on an unreservedthe easements, non-exclusiverights of way or other rights, first-comeif any, first-served basiswhich are appurtenant to the Property pursuant to any recorded documents evidencing such easements or rights; but such rights shall always be subject to such conditions, rules and nine (9) of which parking spaces shall be located in the parking garage serving the Building in locations reasonably designated by Landlord regulations from time to time on an exclusive, reserved basis, which exclusive, reserved parking spaces will be marked “Replimune”. Subject established by Landlord pursuant to Section 17.6 (the "Rules and Regulations") and to the terms right of Landlord to designate and provisions of this Section 2.2(a) and ARTICLE 14 below, Landlord shall not reduce the parking ratio for the Building (which is (x) 3.3 parking spaces per 1,000 rentable square feet of Premises Rentable Area for unreserved parking spaces, and (y) 0.5 parking spaces per 1,000 rentable square feet of Premises Rentable Area for reserved parking spaces) or the number of parking spaces that Tenant and Tenant’s employees and invitees are entitled change from time to use pursuant to this Section 2.2(a), after the Term Commencement Date of this Lease. Landlord shall not be liable to Tenant, and this Lease shall not be affected, if any parking time such appurtenant rights of Tenant hereunder are impaired by Applicable Law. Tenant shall have the right to install and use a Satellite Dish (as defined below) on the roof of the Building pursuant to the terms of the recorded documents evidencing such rights and provisions to grant and modify easements and other encumbrances so long as the same do not materially and adversely interfere with the use of the Premises by Tenant. Tenant and any other tenant of any portion of the Building recaptured by Landlord under Section 7.6 of this Lease shall each have the right, in common with the other, to use the parking and loading areas on the Property, the driveways and sidewalks providing access to the Building and said parking and loading areas, the entrances, lobbies, stairways, elevators and corridors necessary for access to their respective leased premises, and the ducts, conduits, wires, cables, pipes, chases and other systems and equipment necessary to provide heat, ventilation, air conditioning, electricity, gas, water, sewer, telecommunications and other utility services to their respective leased premises, all such rights in the Property being subject to the rights of others pursuant to easements and encumbrances of record insofar as in force and applicable, including without limitation, the exclusive right of an abutting owner to use the area designated as Parking Easement B as shown on the plan attached hereto as Exhibit H attached hereto.A. ---------

Appears in 1 contract

Samples: Lease (Sycamore Networks Inc)

Appurtenant Rights. Subject to Effective as of the matters set forth Expansion Premises Commencement Date, the first paragraph of Section 2.2 (Appurtenant Rights) of the Lease is hereby deleted in subsection (i) below, its entirety and replaced with the following: “Tenant shall have, as appurtenant to the Premises, the non-exclusive right rights to use, and permit its invitees to use use, in common with Landlord and others, the following areas other tenants and occupants of the Property Property, subject to reasonable rules and regulations from time to time made by Landlord of which Tenant is given notice: (collectively, a) the “Common Facilities”): (i) public or common lobbies, hallwaystoilets and corridors of the Building and the pipes, stairwaysducts, elevators conduits, wires and appurtenant fixtures serving the Premises as more particularly described in the Work Letter attached as Exhibit B hereto and Exhibit B to the First Amendment, (if anyb) and common walkways and driveways necessary for access to the Building and the PremisesBuilding, and if the portion of the Premises on any floor includes less than the entire floor, any common toilets, any corridors required for access (c) to the Premises and any elevator lobby of such floor; and (ii) extent the access roadsLandlord, drivewaysin its discretion, parking areas (as provides the same may be designated or modified by Landlord from time to time), loading areas, pedestrian sidewalks, landscaped areas, trash enclosures, if any, and other areas or facilities, if any, which are located in or on the Property and designated by Landlord from time to time following for the non-exclusive use of the tenants and occupants of the Property from time to time, the onsite cafe, Building showers and lockers, Building common mother's room, secured, covered bicycle storage, rooftop shuffleboard courts as in existence as of the date hereof, all of which, to the extent the same are provided for the non-exclusive use of the tenants and occupants of the Property from time to time, are hereinafter known as the “Common Areas. During the Term, Tenant shall lease from Landlord, and Landlord shall lease to Tenant, or cause the operator (the “Operator”) of the parking lots serving the Building (the “Parking Facilities”) to lease to Tenant, sixty-four (64) unreserved parking spaces in the locations designated by Landlord within the Parking Facilities (the “Spaces”) for the use of Tenant and its employees, agents and invitees. Tenant shall not have the right to lease or otherwise use more than the number of unreserved Spaces set forth above. The Spaces shall be leased at the then-current rate for unreserved spaces in the Parking Facilities, as such rate may be adjusted from time to time, reflecting the then-current rate charged to monthly parkers parking in the Parking Facilities (the “Parking Fee”), which shall be no more than the prevailing parking rate for comparable parking facilities in Boston’s Seaport District. As of the Effective Date, the current Parking Fee is $200.00 per unreserved Space, per month. Prior to any increase to the Parking Fee, Landlord shall provide Tenant with at least thirty (30) days prior written notice of such increase. No deductions or allowances shall be made for days when Tenant or any of its employees, agents or invitees do not utilize the Parking Facilities or for Tenant utilizing less than all of the Spaces then leased by Tenant. In addition to the lease of the Spaces, Tenant shall also have the right to lease additional unreserved parking spaces in the Parking Facilities on a month-to-month basis (“Month-to-Month Spaces”) for the use of Tenant and its employees, agents and invitees, subject to such Month-to-Month Spaces being available for lease as determined by Landlord in Landlord’s sole discretion. Each Month-to-Month Space shall be leased at the Parking Fee, per month. If requested by Landlord, Tenant shall execute and deliver to Landlord a commercially reasonable parking agreement for any such Month-to-Month Spaces. As ​ used herein, the “Tenant Parking” shall collectively refer to (i) the Spaces and (ii) any Month-to-Month Space(s) during any time that Tenant is leasing any Month-to-Month Space(s). Landlord reserves the right upon thirty (30) days prior written notice to Tenant to relocate any of the Month-to-Month Space(s) to other occupants parking areas or facilities in the Industrial Park within reasonable proximity of the Building. Tenant shall have exclusive use of the loading dock shown on page 2 of Exhibit A-1 to the First Amendment (the “Tenant’s employees and invitees Exclusive Loading Dock”). Tenant’s Exclusive Loading Dock shall be entitled to use sixty-two (62) deemed a part of the parking spaces located on the parking area(s) located on the Property, fifty-three (53) of which parking spaces Premises for all purposes herein. Landlord shall be used responsible for performing all maintenance, repair and replacements for Tenant’s Exclusive Loading Dock and Tenant’s Exclusive Freight Elevator (as defined below). All costs of such maintenance and repair to Tenant’s Exclusive Loading Dock and Tenant’s Exclusive Freight Elevator that are not capital in common nature shall be included within Building Operating Expenses subject to Section 5.2.4 of the Lease, provided that Tenant’s Percentage of such costs shall be 100%. Capital repairs and replacements to the Tenant’s Exclusive Loading Dock and Tenant’s Exclusive Freight Elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant, except for capital repairs or replacements required by any applicable laws not in existence as of the Expansion Premises Commencement Date (as defined in the First Amendment), which shall be included in the Building Operating Expenses pursuant to Section 5.2.4, provided that Tenant shall be 100% responsible for each annual portion as so amortized). Landlord currently does not charge a fee for use of Tenant’s Exclusive Loading Dock or Tenant’s Exclusive Freight Elevator; however, if Landlord determines that Tenant is using such facilities in a manner that poses a security concern for the Building and/or the tenants and occupants thereof or in a manner that is not in compliance with others entitled theretoLandlord’s reasonable rules, on an unreservedregulations and protocols, non-exclusive, first-come, first-served basisthen Landlord reserves the right to employ security detail for any such use by Tenant, and nine in such event Landlord shall give Tenant written notice thereof and Tenant shall pay the actual reasonable cost charged by such security vendor within thirty (930) days of which parking spaces shall be located in the parking garage serving the Building in locations reasonably designated by Landlord an invoice from time to time on an exclusive, reserved basis, which exclusive, reserved parking spaces will be marked “Replimune”. Subject to the terms and provisions of this Section 2.2(a) and ARTICLE 14 below, Landlord shall not reduce the parking ratio for the Building (which is (x) 3.3 parking spaces per 1,000 rentable square feet of Premises Rentable Area for unreserved parking spaces, and (y) 0.5 parking spaces per 1,000 rentable square feet of Premises Rentable Area for reserved parking spaces) or the number of parking spaces that Tenant and Tenant’s employees and invitees are entitled to use pursuant to this Section 2.2(a), after the Term Commencement Date of this Lease. Landlord shall not be liable to Tenant, and this Lease shall not be affected, if any parking rights of Tenant hereunder are impaired by Applicable Lawtime. Tenant shall have exclusive use of the right freight elevator shown on page 2 of Exhibit A-1 to install the First Amendment (the “Tenant’s Exclusive Freight Elevator”), 24 hours per day, 7 days per week, 365 days per year. Tenant shall have access to and use a Satellite Dish (as defined below) on the roof of the Premises, the Common Areas, and Tenant’s Exclusive Loading Dock 24 hours per day, 7 days per week, 365 days per year. The normal business hours for the Building pursuant are 8:00am to 6:00pm Monday through Friday, except for holidays. Landlord represents that, as of the terms Effective Date of the First Amendment, Verizon telecommunications and provisions of Exhibit H attached heretocabling services are available at the Building.

Appears in 1 contract

Samples: Lease (Akouos, Inc.)

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Appurtenant Rights. Subject to the matters set forth in subsection (i) below, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees rights to use in common with Landlord (subject to reasonable rules of general applicability to tenants and others, the following areas other users of the Property (collectively, the “Common Facilities”Building from time to time made by Landlord of which Tenant is given written notice): (ia) public or the common lobbies, hallwayscorridors, stairways, elevators and loading platform, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others; (if anyb) common driveways and common walkways necessary for access to the Building and the Premises, and Building; (c) if the portion of the Premises on any floor includes include less than the entire rentable floor area of any floor, any the common toilets, any corridors required and elevator lobby on such floor and serving the Premises; (d) the roof of the Building for access telecommunications antennae; (e) a location on the ground reasonably designated by Landlord adjacent to the Premises and any elevator lobby of such floorBuilding for a generator; and (iif) the access roads, driveways, parking areas (as the same may be designated or modified by Landlord from time to time), loading areas, pedestrian sidewalks, landscaped areas, trash enclosures, if any, and all other areas or facilities, if any, which are located facilities in or on the Property and designated by Landlord Building from time to time intended for general use by Tenant, other Building tenants, and Landlord, subject to reasonable rules from time to time made by Landlord of which Tenant is given notice. Tenant shall have the non-exclusive use of right, in common with all other tenants and other occupants of the Building. Tenant’s employees and invitees shall be entitled , to use sixty-two (62) of the parking spaces located on areas serving the parking area(s) located on the Property, fifty-three (53) of which parking spaces shall be used in common with others entitled theretoBuilding without charge, on an unreserved, non-exclusive, a first-come, first-served basis, and nine (9) of which parking spaces shall be located basis as set forth in Article 11 hereof. Nothing contained in the parking garage serving the Building in locations reasonably designated by Lease shall prohibit or otherwise restrict Landlord from changing, from time to time on an exclusivetime, reserved basiswithout notice to Tenant, which exclusivethe location, reserved layout or type of such parking spaces will be marked “Replimune”. Subject to the terms and provisions of this Section 2.2(a) and ARTICLE 14 belowareas, provided that Landlord shall not substantially reduce the parking ratio for the Building (which is (x) 3.3 parking spaces per 1,000 rentable square feet of Premises Rentable Area for unreserved parking spaces, and (y) 0.5 parking spaces per 1,000 rentable square feet of Premises Rentable Area for reserved parking spaces) or the number of parking spaces that Tenant and Tenant’s employees and invitees are entitled to available for use pursuant to this Section 2.2(a), after of tenants of the Term Commencement Date of this Lease. Landlord shall not be liable to TenantBuilding, and this Lease provided that any changes shall not be affected, if any parking rights consistent with the requirements of Tenant hereunder are impaired by Applicable Law. Tenant shall have the right to install and use a Satellite Dish (as defined below) on the roof of the Building pursuant to the terms and provisions of Exhibit H attached heretoArticle 11 hereof.

Appears in 1 contract

Samples: Edgewater Office (Alliance Data Systems Corp)

Appurtenant Rights. Subject to the matters set forth in subsection (i) below, The Tenant shall have, as appurtenant to the Premises, the non-exclusive nonexclusive right to use, and permit its invitees to use in common with Landlord and others, subject to the following areas of the Property Rules and Regulations (collectively, the “Common Facilities”as defined in Section 6.3): (i) public or the entry, vestibules and main lobby of the Building, the common lobbies, hallways, stairways, elevators elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (if anyii) and common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building and the PremisesBuilding, (iii) access to, and use of in common with other tenants of, loading and receiving areas and freight elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect, and (iv) if the portion of the Premises on at any floor time includes less than the entire rentable floor area of any floor, any the common toiletscorridors, any corridors required for access vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor (collectively, the "Common Areas"). The Tenant shall have, as appurtenant to the Premises Premises, the parking rights set forth in Section 2.4. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use for up to 20 hours per month, subject to reasonable rules and any elevator lobby of such floor; and (ii) the access roads, driveways, parking areas (as the same may be designated or modified regulations promulgated by Landlord from time to time), loading areasthe conference rooms in Landlord’s development offices and the kitchenette adjacent thereto (but only in connection with Tenant’s use of the conference rooms) that are made available to certain other tenants in the Building on a ““first come, pedestrian sidewalksfirst served”“ basis, landscaped areasprovided that Tenant shall be responsible for the payment, trash enclosuresas Additional Rent, if any, and other areas or facilities, if any, which are located in or on the Property and designated of any incidental third party costs incurred by Landlord from time to time for the non-exclusive in connection with Tenant’s use of tenants and such spaces (excluding any costs of janitorial services, electricity or other occupants services that are provided by Landlord to the conference rooms regardless of whether or not they are utilized). The Tenant shall have, as appurtenant to the Building. Tenant’s employees and invitees shall be entitled Premises, the nonexclusive right to use sixty-two the facilities (62) of the parking spaces located on the parking area(s"Facilities") located on the Property, fifty-three medical campus of The Xxxxx Xxxxxxx University (53the ““University”“) of which parking spaces shall be used in common with others entitled thereto, on an unreserved, non-exclusive, first-come, first-served basis, and nine (9) of which parking spaces shall be located as set forth in the parking garage serving the Building in locations reasonably designated by Landlord letter dated January 23, 2009 from time to time on an exclusiveXxx X. Xxxx, reserved basisM.D., which exclusivePh.D., reserved parking spaces will be marked “Replimune”. Subject to the terms and provisions Vice Xxxx of this Section 2.2(a) and ARTICLE 14 below, Landlord shall not reduce the parking ratio Research for the Building University (which is the ““Xxxx Letter”“), such Facilities shall include but not be limited to: (i) microarray core; (ii) molecular imaging core; (iii) microscopy; (iv) mass spectrometry and proteomics; (v) high throughput biology center, including chemical library cleaning and peptide/protein sequencing; (vi) flow cytometry core; (vii) specialized tools for large-scale analysis; (viii) minimally invasive surgical training center; (ix) biomedical imaging; and (x) 3.3 parking spaces per 1,000 rentable square feet Vivarium and Medical Library access including access to a Vivarium by an indoor route. A copy of Premises Rentable Area for unreserved parking spaces, and (y) 0.5 parking spaces per 1,000 rentable square feet of Premises Rentable Area for reserved parking spaces) or the number of parking spaces that Xxxx Letter is attached hereto as Exhibit G. The Tenant and Tenant’s employees and invitees are entitled to use pursuant to this Section 2.2(a), after the Term Commencement Date of this LeaseUniversity will individually negotiate any service agreements. Landlord shall not be liable have no obligation to TenantTenant with respect to the use of the Facilities. If Tenant is denied access to the Facilities for a period exceeding thirty (30) consecutive days, and this Lease shall such denial of access to the Facilities is within the University’s reasonable control and not be affecteddue to causes beyond the University’s control such as force majeure or national or state emergencies, if any parking rights of Tenant hereunder are impaired by Applicable Law. Tenant shall have the right to install terminate the Lease within thirty (30) days after providing Landlord a written termination notice, and use a Satellite Dish (as defined below) Tenant shall surrender the Premises on the roof termination date provided in the notice as required under Section 12.9 of the Building pursuant Lease. As of the termination date, Landlord and Tenant shall be relieved from all obligations under the Lease, except Landlord’s obligation to return any unused portion of the terms Security Deposit and provisions any other obligations that expressly survive the early termination of Exhibit H attached heretothis Lease.

Appears in 1 contract

Samples: Champions Biotechnology, Inc.

Appurtenant Rights. Subject to During the matters set forth in subsection (i) belowTerm, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees non‑exclusive rights to use in common with (subject to reasonable rules of general applicability to tenants and other users of the Building from time to time made by Landlord and others, of which Tenant is given notice) the following common areas of the Property Building and the common areas of the Property, as follows: for the Building, (collectivelya) the common entrances, the “Common Facilities”): (i) public or common lobbies, hallwayselevators, stairwaysstairways and accessways, elevators (if any, loading docks, ramps, drives and platforms and any passageways and serviceways thereto to the extent not exclusively serving another tenant or contained within another tenant’s premises, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others; (b) common driveways and common walkways necessary for access to the Building and the Premises, and Building; (c) if the portion of the Premises on any floor includes include less than the entire rentable floor |US-DOCS\129492181.2|| area of any floor, any the common toiletscorridors, any corridors required for access to the Premises elevator lobby, and any elevator lobby of restroom facilities located on such floor; and (iid) all other areas or facilities in or about the access roadsBuilding from time to time designated for general use in common by Tenant, other Building tenants, and Landlord (collectively, the “Building Common Areas”), and for the Property, the parking structure and parking areas, loading and unloading areas, trash area, roadway, sidewalks, walkways, parkways, driveways, parking landscaped areas (as appurtenant to the same may Building, fixtures, systems, décor facilities and landscaping contained, maintained or used in connection with those areas and shall be designated deemed to include any city sidewalks adjacent to the Property, any pedestrian walkways system, park or modified by Landlord from time to time), loading areas, pedestrian sidewalks, landscaped areas, trash enclosures, if any, and other areas or facilities, if any, which are facilities located in or on the Property and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building. Tenant’s employees and invitees shall be entitled to use sixty-two (62) of the parking spaces located on the parking area(s) located on the Property, fifty-three (53) of which parking spaces shall be used in common with others entitled thereto, on an unreserved, non-exclusive, first-come, first-served basis, and nine (9) of which parking spaces shall be located in the parking garage serving the Building in locations reasonably designated by Landlord from time to time on an exclusive, reserved basis, which exclusive, reserved parking spaces will be marked “Replimune”. Subject open to the terms general public (collectively, the “Property Common Areas”). The Building Common Areas and provisions of this Section 2.2(a) and ARTICLE 14 below, Landlord shall not reduce Property Common Areas may be referred herein collectively as the parking ratio for the Building (which is (x) 3.3 parking spaces per 1,000 rentable square feet of Premises Rentable Area for unreserved parking spaces, and (y) 0.5 parking spaces per 1,000 rentable square feet of Premises Rentable Area for reserved parking spaces) or the number of parking spaces that Tenant and Tenant’s employees and invitees are entitled to use pursuant to this Section 2.2(a), after the Term Commencement Date of this Lease. Landlord shall not be liable to Tenant, and this Lease shall not be affected, if any parking rights of Tenant hereunder are impaired by Applicable Law. Tenant shall have the right to install and use a Satellite Dish (as defined below) on the roof of the Building pursuant to the terms and provisions of Exhibit H attached hereto“Common Areas.

Appears in 1 contract

Samples: Lease Agreement (Icosavax, Inc.)

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