Use of the Leased Premises (a) Lessor, in consideration of the rents to be paid and covenants herein contained, hereby leases to Lessee the Leased Premises.
(b) Lessee may use the Leased Premises for the operation of the station, and, in connection therewith, for the installation, repair, maintenance, operation, housing and removal of its Improvements and other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the station.
(c) Lessee shall have the right from time to time to substitute Installations of similar kind and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.
(d) Lessee shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, for the purpose of installing, maintaining and repairing its Installations, provided that the contractors performing such work are reasonably acceptable to Lessor.
(e) Lessor shall not be responsible for repairs or maintenance to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors.
(f) Lessee shall not use or permit the Leased Premises to be used by any dangerous, toxic, noxious or offensive trade or business, or for any unlawful purpose.
(g) Lessee shall not directly or indirectly create or permit to be created or to remain, and will discharge any mortgage, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, (ii) any lien, including a mortgage on the leasehold interest of Lessee, which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld, (iii) liens for impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been made.
Adjacent Premises If the Premises are part of a larger building, or of a group of buildings owned by Lessor which are adjacent to the Premises, the Lessee shall pay for any increase in the premiums for the property insurance of such building or buildings if said increase is caused by Lessee's acts, omissions, use or occupancy of the Premises.
Storage Space Landlord agrees to make available to Tenant storage space in the Building containing approximately one thousand (1,000) usable square feet. Such storage space shall be made available by Landlord to Tenant on the Lease Commencement Date and no rent shall be payable by Tenant to Landlord for the same for the period beginning on the date the same is delivered by Landlord to Tenant through the Rent Commencement Date. The annual gross rent for the storage space leased by Tenant shall be Fifteen Dollars ($15.00) per usable square foot in such space for the one-year period beginning on the Rent Commencement Date. Such monthly gross rent for storage space leased by Tenant shall be increased by three percent (3%) on each anniversary of the Rent Commencement Date. Tenant shall not be required to pay any portion of Operating Expenses or Real Estate Tax Expenses attributable to the storage space leased by it. In no event shall Tenant’s Share be increased as a result of Tenant’s lease of storage space in the Building. Landlord shall notify Tenant of the availability of storage space in the Building as and when it becomes available. All storage space leased by Tenant shall be built out by Landlord, at Landlord’s cost, to contain only the following: the storage space shall consist of cinder block walls, if located in the Garage, and the storage space shall have a steel, locked door and shall contain reasonable lighting, a reasonable number of electrical outlets and an exhaust fan for ventilation. Tenant shall have the right at any time to cancel its lease of all or any portion of storage space leased by it on not less than thirty (30) days prior notice to Landlord.
Subleased Premises (1) The Subtenant shall use the Subleased Premises solely for general office purposes. Sublandlord represents that the Subleased Premises may be used for such purposes without contravening any zoning or other applicable laws, by-laws and regulations. The Subtenant acknowledges that it has inspected the Subleased Premises prior to taking possession of them, that the Subleased Premises are being accepted in an “as is” condition, that the taking of possession of the Subleased Premises is conclusive evidence as against the Subtenant that, at the time of possession, the Subleased Premises were acceptable and that that there is no promise, representation or undertaking by or binding upon the Sublandlord with respect to any alteration, remodelling or decoration of the Subleased Premises or the installation of equipment, fixtures or leasehold improvements in the Subleased Premises, save and except for the following work to be done by the Sublandlord at its sole cost: • All damaged/discolored/inconsistent ceiling tiles to be replaced to match building standard; and • A general cleanup of the Premises; and • Installation of four (4) office grade doors and doorframes as shown on Schedule “A”, more specifically described as follows: Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed between conference rooms will be badge in to Subleased Premises from common area and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed beside server room and Subleased Premises will be badge in to Subleased Premises and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed between lunchroom and Subleased Premises will be badge in from cafeteria in to Subleased Premises and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed adjacent to cafeteria separating Subtenant and Sublandlord will remain locked at all times, but will open in case of fire alarm; and • Providing access card(s) and programming access system to allow Subtenant access to the shared server room. The work listed above will be completed by the Sublandlord at least 45 days prior to the Commencement Date and available for inspection by the Subtenant.
(2) The Subtenant shall be entitled to the same parking privileges on the same terms as are provided to the Sublandlord, as Tenant, under the Head Lease.
(3) The final Basic and Additional Rent shall be subject to adjustment based on the actual Rentable Area of the Subleased Premises as determined from time to time by the Sublandlord and/or the Head Landlord’s architect in accordance with BOMA standard (ANSI/BOMA Z65.1-1996). The Subleased Premises are as shown in Schedule “A” attached hereto and forming part of this agreement. The Subtenant will have exclusive use to the area highlighted in blue; the Subtenant will have shared access to the common areas highlighted in yellow, more specifically the Entrance/Lobby, Washrooms, Cafeteria/Lunchroom, and Server Room measuring approximately 2200 square feet (collectively the “Common Areas”); the Subtenant will not have access to the remainder (non-shaded) of the Premises which will be occupied by the Sublandlord.
(4) The Subtenant may make any necessary interior alterations and install any new leasehold improvements in the Subleased Premises at its own expense, subject to (i) both the Sublandlord’s and Head Landlord’s prior written approvals (not to be unreasonably withheld) of the Subtenant’s plans and specifications, (ii) compliance with the terms of the Head Lease, and (iii) compliance with all applicable municipal and governmental regulations. The Subtenant shall use the Landlord’s contractors for the Subtenant’s work or receive specific approval of the Subtenant’s contractors from the Landlord, such approval not to be unreasonably withheld, prior to any work being conducted within the Subleased Premises. The Subtenant may remove its trade fixtures and chattels at the end of the Term, if it is not in default under this Sublease and subject to compliance with the terms of the Head Lease. If required by the Head Landlord under the Head Lease, the Subtenant shall demolish or remove at the end of the Term any alterations or improvements made to the Subleased Premises by the Subtenant.
Space The Space shall refer to that part of the Premises to which the Government has exclusive use, such as Office Area, or other type of Space. Parking areas to which the Government has rights under this Lease are not included in the Space.