Common use of BASIC LEASE TERMS Clause in Contracts

BASIC LEASE TERMS. ‌ A. [§101] Site‌ Upon and subject to the terms, covenants and conditions hereof, Landlord hereby leases and demises to Tenant, and Tenant hereby leases and takes from Landlord, the Site which is the real property and improvements described in the attached Exhibit “A” which is incorporated by this reference as though fully set forth herein. It is mutually agreed that the leasing hereunder is upon and subject to the terms, covenants and conditions hereof, and that Tenant covenants, as a material part of the consideration of this Lease, to keep, perform and observe each and all of said terms, covenants and conditions by Tenant to be kept, performed or observed, and that this Lease is made upon the condition of such performance. As used herein, the term “Site” shall mean and include the Site and all improvements pursuant to this Lease. The Site shall be approximately x,xxx square feet of interior space and x,xxx square feet of patio space, including the existing improvements, located at Leased Premises. B. [§102] Term‌ The term of this Lease shall commence when the adopting ordinance becomes effective (“Commencement Date”) and terminate at 11:59 pm on Month Day, Year, (“Termination Date”). C. [§103] Title and Condition of the Site [§103] Title to the Site‌ Title to the leasehold of the Site is hereby conveyed by Landlord to Tenant free and clear of all recorded liens, encumbrances, covenants, assessments, easements, leases and taxes. [§104] Condition of Site Except as otherwise specifically provided in this Lease, the Site shall be conveyed to Tenant in “as-is” condition. It shall be the sole responsibility of Tenant, at Tenant’s sole expense, to investigate and determine the condition of the Site, the condition of the existing improvements on the Site and the suitability of such conditions for the business to be conducted by Tenant. D. [§105] Rent‌ Tenant shall pay to Landlord, without abatement, deduction or offset whatsoever in lawful money of the United States of America, at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, or to such other person or at such other place as Landlord may from time to time designate by notice to Tenant, rent during the term of this Lease in accordance with the following Sections. 1. [§106] Base Rent Beginning with the Commencement Date and continuing throughout the term of the Lease Tenant shall pay to Landlord a total minimum annual rent, which will be defined as the Base Rent. The Base Rent is due on or before the Commencement Date, and shall be due on the first day of each twelve (12) month anniversary thereafter. The Base Rent due for the first year of the Lease is $xxx,xxx.xx At Tenant’s option, Base Rent may be paid in twelve monthly installments, with each installment being due to Landlord on the first day of each month, and will be deemed late if not received by Landlord by the 15th day of each month. If Tenant elects to pay Base Rent in monthly installments, the monthly installments for November through April shall equal thirty six percent (36%) of the total Base Rent, and the monthly installments for May through October shall equal sixty four percent (64%) of the total annual Base Rent.

BASIC LEASE TERMS. ‌ A. [§101] Site‌ Upon and subject This Section sets forth certain Basic Lease Terms of this Lease (“Basic Lease Terms”). The Basic Lease Terms are to be read in conjunction with the other provisions of this Lease; provided, however, to the terms, covenants extent of any inconsistency between the Basic Lease Terms and conditions hereof, Landlord hereby leases and demises to Tenant, and Tenant hereby leases and takes from Landlord, the Site which is the real property and improvements described in the attached Exhibit “A” which is incorporated by this reference as though fully set forth herein. It is mutually agreed that the leasing hereunder is upon and subject to the terms, covenants and conditions hereof, and that Tenant covenants, as a material part of the consideration other provisions of this Lease, to keep, perform and observe each and all the Basic Lease Terms will control. The capitalized words or phrases used in the Basic Lease Terms will constitute defined terms for purposes of said terms, covenants and conditions by Tenant to be kept, performed or observed, and that this Lease is made upon the condition of such performance. As used herein, the term “Site” shall mean and include the Site and all improvements pursuant to this Lease. Owner Ameri Shore LLC, an Idaho limited liability company Tenant Tandem Diabetes Care, Inc., a Delaware corporation Premises The Site shall be approximately x,xxx square feet Premises is comprised of interior space and x,xxx square feet (a) that portion of patio space, including the existing improvements, located at Leased Premises. B. [§102] Term‌ The term of this Lease shall commence when the adopting ordinance becomes effective land legally described on Exhibit A (“Commencement DateOwner’s Land”) that is that is graphically depicted on Exhibit B, together with the easements, rights and terminate at 11:59 pm on Month Day, Year, appurtenances thereunto belonging or appertaining (the “Termination DateLeased Land”). C. [§103] Title ; (b) the building and Condition of the Site [§103] Title to the Site‌ Title to the leasehold of the Site is hereby conveyed by Landlord to Tenant free and clear of all recorded liens, encumbrances, covenants, assessments, easements, leases and taxes. [§104] Condition of Site Except as otherwise specifically provided in this Lease, the Site shall be conveyed to Tenant in “as-is” condition. It shall be the sole responsibility of Tenant, at Tenant’s sole expense, to investigate and determine the condition of the Site, the condition of the existing other improvements on the Site Leased Land (the “Building”); (c) the existing equipment which is attached to the Building in such a manner as to become fixtures under applicable law, together with all additions and accessions thereto, substitutions therefor and replacements thereof permitted by this Lease; and (d) at least four hundred fifty-three (453) parking spaces as identified in Tenant’s parking area on Exhibit B, subject to relocation and reconfiguration from time-to-time as provided in Section 5 (the suitability “Parking Area”). Rentable Area (of such conditions for the business to be conducted by Tenant. D. [§105] Rent‌ Tenant shall pay to Landlord, without abatement, deduction or offset whatsoever in lawful money Premises) Approximately 94,562 square feet Address of the United States of America, at Premises ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, or Permitted Use Subject to such other person or at such other place as Landlord may from time to time designate by notice to Tenant, rent during the term Legal Requirements and the provisions of this Lease, Tenant may use the Premises solely for general office and call center uses, and no other uses without Owner’s prior consent pursuant to Section 8.1. Initial Term Seven (7) Lease in accordance Years from the Term Commencement Date. Renewal Term(s) One (1) Renewal Term of three (3) Lease Years. Term The Initial Term and Renewal Term, if any, collectively. Effective Date The date that this Lease is signed by Owner and Tenant. The parties are bound by all terms, covenants and obligations under this Lease as of the Effective Date. Delivery Date January 1, 2020 Term Commencement Date The earlier to occur of (a) the date of Tenant’s substantial completion of the Tenant Improvements (as evidenced by the issuance of a certificate of occupancy for the Premises with the following Sections. Tenant Improvements); (b) the date Tenant uses any part of the Premises for the Permitted Use; or (c) July 1, 2020. [§106] Rent Commencement Date The Term Commencement Date. Security Deposit None. Base Rent Beginning with the Commencement Date and continuing throughout the term of the Lease Tenant shall pay to Landlord a total minimum annual rent, which will be defined as the Base Rent$90,621.92 (per month). The Base Rent is due calculated at $11.50 per square foot per year of Rentable Area (i.e., the agreed measurement of 94,562 square feet of Rentable Area x $11.50 per square foot per year = $1,087,463 per year, and $90,621.92 per month). Base Rent Increases Commencing at the beginning of the second Lease Year, and continuing at the beginning of each Lease Year of the Initial Term thereafter, the Base Rent will increase by an amount equal to the product of multiplying the Base Rent for the immediately prior Lease Year by two and one-half percent (2.5%). The schedule of the Base Rent over the Term is set forth on or before Exhibit E. Operating Expenses All operating expenses related to the Premises are to be paid by Tenant as provided in this Lease. Owner’s Work Prior to the Term Commencement Date, and shall be due Owner will (a) patch/paint the exterior of the Building on the first day of each twelve Premises; (12b) month anniversary thereafter. The Base Rent due for perform any necessary repairs to the first year roof of the Lease Building such that it is watertight; (c) perform any necessary maintenance or repairs to the rooftop HVAC units serving the Building so they are in good order and repair; and (d) re-seal and restripe the Parking Area. Owner will use commercially reasonable efforts to complete Owner’s Work by April 30, 2020. Tenant Improvements The improvements of the Premises as set forth in Exhibit D. TI Allowance $xxx,xxx.xx At 945,620 (i.e., the agreed measurement of 94,562 square feet of Rentable Area x $10.00 per square foot). Tenant’s optionWork Performance of the Tenant Improvements, Base Rent plus the procurement and installation of any furniture, fixtures, equipment, data/telecom cabling, security systems and other matters that may be paid in twelve monthly installments, with each installment being due to Landlord on the first day of each month, and will be deemed late if not received desired by Landlord by the 15th day of each month. If Tenant elects to pay Base Rent in monthly installments, the monthly installments for November through April shall equal thirty six percent (36%) of the total Base Rent, and the monthly installments for May through October shall equal sixty four percent (64%) of the total annual Base RentTenant.

BASIC LEASE TERMS. ‌ A. [§101] Site‌ Upon and subject to The following capitalized terms shall have the terms, covenants and conditions hereof, Landlord hereby leases and demises to Tenant, and Tenant hereby leases and takes from Landlord, the Site which is the real property and improvements described in the attached Exhibit “A” which is incorporated by this reference as though fully meanings set forth herein. It is mutually agreed that the leasing hereunder is upon and subject to the terms, covenants and conditions hereof, and that Tenant covenantsbelow: PREMISES: That certain building containing approximately 471,744 rentable square feet, as a material part of shown on Exhibit "A-1" (the consideration of this Lease"Original Building") and appurtenant parking area, landscaping, easements and related improvements (which Original Building and appurtenant parking area, landscaping, easements and related improvements shall be collectively referred to keep, perform and observe each and all of said terms, covenants and conditions by Tenant as the "Original Premises") to be kept, performed or observed, and that this Lease is made upon the condition of such performance. As used herein, the term “Site” shall mean and include the Site and all improvements pursuant to this Leasebuilt by Landlord. The Site shall be approximately x,xxx square feet of interior space and x,xxx square feet of patio spaceOriginal Premises, including the existing improvements, located as expanded (if at Leased Premises. B. [§102] Term‌ The term of this Lease shall commence when the adopting ordinance becomes effective (“Commencement Date”all) and terminate at 11:59 pm on Month Day, Year, (“Termination Date”). C. [§103] Title and Condition of the Site [§103] Title to the Site‌ Title to the leasehold of the Site is hereby conveyed by Landlord to Tenant free and clear of all recorded liens, encumbrances, covenants, assessments, easements, leases and taxes. [§104] Condition of Site Except as otherwise specifically provided in this Lease, the Site shall be conveyed to Tenant in “as-is” condition. It shall be the sole responsibility of Tenant, at Tenant’s sole expense, to investigate and determine the condition of the Site, the condition of the existing improvements on the Site and the suitability of such conditions for the business to be conducted by Tenant. D. [§105] Rent‌ Tenant shall pay to Landlord, without abatement, deduction or offset whatsoever in lawful money of the United States of America, at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, or to such other person or at such other place as Landlord may from time to time designate by notice to Tenant, rent during the term of this Lease in accordance with the following SectionsLease, shall be referred to as the "Premises. 1" The square footage of the Original Building and any expansions in the Building (the Original Building, as expanded, shall be referred to as the "Building") will be measured from the outside of any exterior walls containing the Building, will exclude any exterior storage areas, patios, loading docks, truck staging areas, sidewalks, or other areas not intended for use as office or warehouse space, and (for the purpose of computing the amount of Base Rent, additional rent or other amounts payable by Tenant to Landlord under this Lease) will exclude any mezzanines or other increases in the square footage of the Building constructed by or for Tenant at Tenant's sole cost and expense. [§106] Base On or before the Rent Beginning with Commencement Date, Landlord and Tenant shall determine the Commencement Date and continuing throughout the term of the Lease Tenant shall pay to Landlord a total minimum annual rentTerm, which will be defined as the Base Rent. The Base Rent is due on or before the Commencement Date, and shall be due on the first day of each twelve (12) month anniversary thereafter. The Base Rent due for the first year expiration date of the Lease is $xxx,xxx.xx At Tenant’s option, Base Rent may be paid in twelve monthly installments, with each installment being due to Landlord on the first day of each month, and will be deemed late if not received by Landlord by the 15th day of each month. If Tenant elects to pay Base Rent in monthly installmentsTerm, the monthly installments for November through April shall equal thirty six percent (36%) of the total original Base Rent, the exercise date(s) for any options to extend or renew, and such other information as the monthly installments for May through October parties elect to include. Such dates, amounts, figures and information shall equal sixty four percent (64%) be set forth in a written memorandum signed by both Landlord and Tenant. The parties agree that the square footage of the total annual Base RentOriginal Building will be and is the 471,744 figure set forth above (subject to any modifications in the Original Building that may hereafter be agreed upon) and that the square footage of any expansions in the Building will be measured in the manner set forth above.

BASIC LEASE TERMS. ‌ A. [§101] Site‌ Premises a. Upon and subject to the terms, covenants and conditions hereof, Landlord CITY hereby leases and demises to TenantAMTRAK, and Tenant AMTRAK hereby leases and takes from LandlordCITY, the Site Premises which is the real property and improvements described in the attached Exhibit “A” B which is incorporated by this reference as though fully set forth herein and the CITY Facilities described in the attached Exhibit B which is incorporated by this reference as though fully set forth herein. It is mutually agreed that the leasing hereunder is upon and subject to the terms, covenants and conditions hereof, and that Tenant AMTRAK covenants, as a material part of the consideration of this Lease, to keep, perform and observe each and all of said terms, covenants and conditions by Tenant AMTRAK to be kept, performed or observed, and that this Lease is made upon the condition of such performance. . b. As used herein, the term “SitePremises” shall mean and include means the Site and all improvements pursuant to this Lease. The Site shall be approximately x,xxx square feet of interior space and x,xxx square feet of patio space, property located at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ including the existing improvementsinterior of the passenger depot building (approximately 6,140 sq. ft.), located at Leased the second floor area, the outdoor passenger waiting areas within the ▇▇▇▇▇ of the Santa ▇▇▇▇▇▇▇ Railroad Station building and the platforms adjacent to the building. AMTRAK expressly understands and hereby acknowledges that the parking lots are not a part of the Premises. B. . § [§102] Term‌ Term a. The initial term of this Lease shall commence when the adopting ordinance Ordinance becomes effective 30 days after approval of this Lease and adoption of the Ordinance by the City Council (“Commencement Date”) and terminate at 11:59 pm on Month Day, Year, 2022 (“Termination Date”), unless sooner terminated as provided herein or upon thirty (30) days written notice should AMTRAK relocate or terminate its rail passenger service to Santa ▇▇▇▇▇▇▇.. b. AMTRAK shall have the right and option to extend the Lease on the same terms, conditions, limitations, and provisions contained in this Lease, for two five- year terms commencing on the expiration of the initial Lease term, provided that an Event of Default (as defined in Section 1101) does not exist at the time AMTRAK exercises such option. An event of default that is corrected without the requirement of a notice of default or demand for correction by CITY shall not be considered an event of default for the purposes of this paragraph. C. c. AMTRAK must give written notice of its intent to exercise its option to extend the term at least ninety (90) but not more than one hundred eighty (180) days prior to the expiration of the initial term. § [§103] Title and Condition of the Site [§103] Title to the Site‌ Title to the leasehold of the Site is hereby conveyed by Landlord to Tenant free and clear of all recorded liens, encumbrances, covenants, assessments, easements, leases and taxes. [§104] Condition of Site Premises Except as otherwise specifically provided in this Lease, the Site Premises shall be conveyed to Tenant AMTRAK in “as-is” condition. It shall be the sole responsibility of TenantAMTRAK, at TenantAMTRAK’s sole expense, to investigate and determine the condition conditions of the SitePremises, the condition of the existing improvements on the Site Premises and the suitability of such conditions for the business to be conducted by Tenant. D. AMTRAK. § [§105104] Rent‌ Tenant Rent Payment AMTRAK shall pay to LandlordCITY, without abatement, deduction or offset whatsoever in lawful money of the United States of America, at ▇.▇▇ ▇▇▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, or to such other person or at such other place as Landlord CITY may from time to time designate by notice to TenantAMTRAK, rent during the term of this Lease in accordance with the following Sections. 1. § [§106105] Base Rent Beginning with the Commencement Date and continuing throughout the term of the Lease Tenant shall pay to Landlord a total minimum annual rent, which will be defined as the Base Rent. The Base Rent is due on or before the Commencement Date, and shall be due on the first day of each twelve (12) month anniversary thereafter. The Base Rent due for the first year of the Lease is $xxx,xxx.xx At Tenant’s option, Base Rent may be paid in twelve monthly installments, with each installment being due to Landlord on the first day of each month, and will be deemed late if not received by Landlord by the 15th day of each month. If Tenant elects to pay Base Rent in monthly installments, the monthly installments for November through April shall equal thirty six percent (36%) of the total Base Rent, and the monthly installments for May through October shall equal sixty four percent (64%) of the total annual Base Rent.Rental Terms

BASIC LEASE TERMS. ‌ A. [§101] Site‌ Premises Upon and subject to the terms, covenants and conditions hereof, Landlord hereby leases and demises to Tenant, and Tenant hereby leases and takes from Landlord, the Site Premises which is the real property and improvements described in the attached Exhibit “A” which is incorporated by this reference as though fully set forth herein. It is mutually agreed that the leasing hereunder is upon and subject to the terms, covenants and conditions hereof, and that Tenant covenants, as a material part of the consideration of this Lease, to keep, perform and observe each and all of said terms, covenants and conditions by Tenant to be kept, performed or observed, and that this Lease is made upon the condition of such performance. As used herein, the term “SitePremises” shall mean and include the Site and all improvements pursuant to this Lease. The Site shall be approximately x,xxx 490 square feet of first floor space of the interior space of the “Building Shell” which portion is crosshatched on Exhibit “A”, attached hereto and x,xxx square feet of patio spacemade a part hereof by this reference, including the existing improvements, located at Leased Premisesdesignated as ▇▇▇-▇ ▇▇▇▇▇▇ ▇▇▇. B. [§102] Term‌ Term The term of this Lease shall commence when the adopting ordinance becomes effective (“Commencement Date”) on February 01, 2015 and terminate at 11:59 pm on Month DayFebruary 29, Year, 2020 (“Termination Date”). C. [§103] Title and Condition of the Site Premises [§103] Title to the Site‌ Premises Title to the leasehold of the Site Premises is hereby conveyed by Landlord to Tenant free and clear of all recorded liens, encumbrances, covenants, assessments, easements, leases and taxes, except as are consistent with this Lease and except as may be set forth in the Tidelands Grant by the State of California to the City of Santa ▇▇▇▇▇▇▇, a copy of which is attached hereto as Exhibit “D”. [§104] Condition of Site Premises Except as otherwise specifically provided in this Lease, the Site Premises shall be conveyed to Tenant in “as-is” condition. It shall be the sole responsibility of Tenant, at Tenant’s sole expense, to investigate and determine the condition conditions of the SitePremises, the condition of the existing improvements on the Site Premises and the suitability of such conditions for the business to be conducted by Tenant. D. [§105] Rent‌ Rent Tenant shall pay to Landlord, without abatement, deduction or offset whatsoever in lawful money of the United States of America, at ▇▇▇-▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or to such other person or at such other place as Landlord may from time to time designate by notice to Tenant, rent during the term of this Lease in accordance with the following Sections. 1. [§106] Base Rent Beginning with the Commencement Date and continuing throughout the term of the Lease Lease, Tenant shall pay to Landlord a total monthly Base Rent of $1550.00; minimum annual rent, which will monthly rent shall be defined referred to hereinafter as the "Base Rent". The Tenant shall pay the Base Rent is due on or before the Commencement Date, and shall be due on the first day of each twelve (12) month anniversary thereafter. The Base Rent due for the first year of the Lease is $xxx,xxx.xx At Tenant’s option, Base Rent may be paid in twelve monthly installments, with each installment being due to Landlord in advance on the first day of each month. Base Rent for fractional months shall be appropriately prorated. Base Rent shall be adjusted upward, but not downward, commencing November 01, 2015, and will be deemed late if not received each November 01 thereafter during the term of this Lease by Landlord using the Consumer Price Index (CPI) (“Urban Wage Earners and Clerical Workers”) for Los Angeles-Riverside-Orange County Area, for April and dividing it by the 15th day of each month. If Tenant elects to pay CPI, same index, for the preceding September and multiplying the product times the current year’s minimum annual Base Rent in monthly installments, to obtain the monthly installments for November through April shall equal thirty six percent (36%) of the total Base Rent, and the monthly installments for May through October shall equal sixty four percent (64%) of the total succeeding year’s minimum annual Base Rent.