Common use of General Terms Clause in Contracts

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 5 contracts

Samples: Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.)

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General Terms. Certificates for all insurance carried pursuant to this Section 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In addition to paying the Base Rent specified in Article 3 event that the Tenant Improvements are damaged by any cause during the course of this Leasethe construction thereof, Tenant shall pay (i) “immediately repair the same at Tenant’s Share” 's sole cost and expense. Tenant's Agents shall maintain all of the annual “Building Direct Expenses,” foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant and which shall name Landlord, and any other party that Landlord so specifies, as those terms are defined in Sections 4.2.9 additional insured as to the full limits required hereunder for such entire ten (10) year period. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the owner and 4.2.2 that any other insurance maintained by owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 4.2.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease TermWork Letter. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rentmay, Additional Rent or other obligations outstandingin its discretion, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. obtain a lien and completion bond or some alternate form of security satisfactory to Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting an amount sufficient to ensure the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent lien-free completion of the parties hereto that the Base Rent provided to be paid by Tenant to Improvements and naming Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.a co-obligee. 4.2.3

Appears in 4 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

General Terms. Certificates for all insurance carried pursuant to this Section 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In addition to paying the Base Rent specified in Article 3 event that the Tenant Improvements are damaged by any cause during the course of this Leasethe construction thereof, Tenant shall pay (i) “immediately repair the same at Tenant’s Share” sole cost and expense. Tenant’s Agents shall maintain all of the annual “Building Direct Expenses,” foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 4.2.2.4 shall insure Landlord and Tenant, as those terms are defined in Sections 4.2.9 their interests may appear, as well as Contractor and 4.2.2 Tenant’s Agents. All insurance, except Workers’ Compensation, maintained by Tenant’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the owner and that any other insurance maintained by owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 4.2.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease TermWork Letter. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rentmay, Additional Rent or other obligations outstandingin its discretion, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. obtain a lien and completion bond or some alternate form of security satisfactory to Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting an amount sufficient to ensure the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent lien-free completion of the parties hereto that the Base Rent provided to be paid by Tenant to Improvements and naming Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leasea co-obligee.

Appears in 4 contracts

Samples: Acceptance Agreement (Rodgers Silicon Valley Acquisition Corp), Office Lease (Jaguar Animal Health, Inc.), Office Lease (Jaguar Animal Health, Inc.)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (ia) “Tenant’s Share,as that term is defined in Section 4.2.7 of this Lease, of the annual “Building Direct Insurance Expenses,” as those terms are that term is defined in Sections 4.2.9 and 4.2.2 4.2.4 of this Lease, respectivelywhich are in excess of the amount of Insurance Expenses applicable to the “Base Year,” as that term is defined in Section 4.2.1 of this Lease, and plus (iib) Tenant’s Share of the annual Capital Operating Expenses,” as that term is defined in Section 4.2.84.2.5 of this Lease, belowwhich are in excess of the amount of Operating Expenses applicable to the Base Year, pursuant plus (c) Tenant’s Share of the annual “Tax Expenses,” as that term is defined in Section 4.2.6 of this Lease, which are in excess of the amount of Tax Expenses applicable to the Base Year; provided, however, in no event shall any decrease in Insurance Expenses, Operating Expenses or Tax Expenses, as the case may be, for any “Expense Year,” as that term is defined in Section 4.6 4.2.3 of this Lease, below Insurance Expenses, Operating Expenses or Tax Expenses, respectively, for the Base Year entitle Tenant to any decrease in Base Rent or any credit against any Additional Rent or other sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” ”, and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 4 contracts

Samples: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share allocated to the tenants of the Building pursuant to Section 4.3.1 below, which are in excess of the amount of Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.84.2.1, below, allocated to the tenants of the Building pursuant to Section 4.6 4.3.1 below; provided, however, that in no event shall any decrease in Direct Expenses allocated to the tenants of the Building pursuant to Section 4.3.1 below for any Expense Year below Direct Expenses allocated to the tenants of the Building pursuant to Section 4.3.1 below for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease, except as set forth in Section 4.4.1. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord or Landlord’s property manager pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” ”, and the Base Rent and the Additional Rent are herein collectively referred to as Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration As of the Lease Term deliver to Tenant an estimate of any Base Rentdate hereof, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand the parties acknowledge and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent sole tenant of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.Building. 4.2

Appears in 3 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

General Terms. Certificates for all insurance carried pursuant to this Section 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In addition to paying the Base Rent specified in Article 3 event that the Tenant Improvements are damaged by any cause during the course of this Leasethe construction thereof, Tenant shall pay (i) “immediately repair the same at Tenant’s Share” 's sole cost and expense. Tenant's Agents shall maintain all of the annual “Building Direct Expenses,” foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 4.2.2.4 shall insure Landlord and Tenant, as those terms are defined in Sections 4.2.9 their interests may appear, as well as Contractor and 4.2.2 Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the owner and that any other insurance maintained by owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 4.2.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease TermWork Letter. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rentmay, Additional Rent or other obligations outstandingin its discretion, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. obtain a lien and completion bond or some alternate form of security satisfactory to Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting an amount sufficient to ensure the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent lien-free completion of the parties hereto that the Base Rent provided to be paid by Tenant to Improvements and naming Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leasea co-obligee.

Appears in 3 contracts

Samples: Lease (PROCEPT BioRobotics Corp), Article 6 Services (SGX Pharmaceuticals, Inc.), Multi (Aehr Test Systems)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “"Tenant’s 's Share" of the annual "Building Direct Expenses," as those terms are defined in Sections 4.2.9 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of “Capital Expenses,” the amount of Building Direct Expenses applicable to the "Base Year" for such Building, as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, if the Lease Commencement Date occurs after January 1 of the Base Year, the amount of Building Direct Expenses applicable to the Base Year shall be increased in order to reflect Building Direct Expenses for an entire twelve (12) month period. Further, in no event shall any decrease in Building Direct Expenses for such Building for any "Expense Year" for the Building as that term is defined in Section 4.6 of 4.2.6 below, below Building Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent for the Building or any credit against sums due under this Lease. It is the intent of Landlord and Tenant hereunder that Building Direct Expenses be calculated for the Building separately based on the Building Direct Expenses allocated to such Building. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to in this Lease as the “Additional Rent,” "ADDITIONAL RENT", and the Base Rent and the Additional Rent are herein collectively referred to in this Lease as “Rent"RENT." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 4, and the obligation of Landlord to refund to Tenant any overpayment of Building Direct Expenses pursuant to Section 4.2 below, shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 3 contracts

Samples: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 4.2.2, respectively, of this Lease, respectively, and (ii) Tenant’s Share which are in excess of the amount of Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to Section 4.6 of any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms TCCs of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent; provided, however, the parties hereby acknowledge that the first monthly installment of Tenant’s Share of any “Estimated Excess,” as that term is set forth in, and pursuant to the terms and conditions of, Section 4.4.2 of this Lease, shall first be due and payable for the calendar month occurring immediately following the expiration of the Base Year. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 3 contracts

Samples: Sublease Agreement (Mast Therapeutics, Inc.), Office Lease (Santarus Inc), Office Lease (Volcano Corp)

General Terms. Certificates for all insurance carried pursuant to this Section 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In addition to paying the Base Rent specified in Article 3 event that the Tenant Improvements are damaged by any cause during the course of this Leasethe construction thereof, Tenant shall pay (i) “immediately repair the same at Tenant’s Share” sole cost and expense. Tenant’s Agents shall maintain all of the annual “Building Direct Expenses,” foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant and which shall name Landlord, and any other party that Landlord so specifies, as those terms are defined in Sections 4.2.9 additional insured as to the full limits required hereunder for such entire ten (10) year period. All insurance, except Workers’ Compensation, maintained by Tenant’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the owner and 4.2.2 that any other insurance maintained by owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 4.2.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease TermWork Letter. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rentmay, Additional Rent or other obligations outstandingin its discretion, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. obtain a lien and completion bond or some alternate form of security satisfactory to Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting an amount sufficient to ensure the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent lien-free completion of the parties hereto that the Base Rent provided to be paid by Tenant to Improvements and naming Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leasea co-obligee.

Appears in 2 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “"Tenant’s 's Share" of the annual "Building Direct Expenses," as those terms are defined in Sections 4.2.9 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of “Capital Expenses,” the amount of Building Direct Expenses applicable to the "Base Year" for such Building, as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, if the Lease Commencement Date for the initial Floor Group occurs after January 1 of the Base Year, the amount of Building Direct Expenses applicable to the Base Year shall be increased in order to reflect Building Direct Expenses for an entire twelve (12) month period. Further, in no event shall any decrease in Building Direct Expenses for such Building for any "Expense Year" for the Building as that term is defined in Section 4.6 of 4.2.6 below, below Building Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent for the Building or any credit against sums due under this Lease. It is the intent of Landlord and Tenant hereunder that Building Direct Expenses be calculated for the Building separately based on the Building Direct Expenses allocated to such Building. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to in this Lease as the “Additional Rent,” "ADDITIONAL RENT", and the Base Rent and the Additional Rent are herein collectively referred to in this Lease as “Rent"RENT." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 4, and the obligation of Landlord to refund to Tenant any overpayment of Building Direct Expenses pursuant to Section 4.2 below, shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 2 contracts

Samples: Office Lease (Peregrine Systems Inc), Lease Option Agreement (Peregrine Systems Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) pay, following the Lease Commencement Date, “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of the amount of Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.84.2.1, below; provided that if the Base Year is the calendar year 2016, pursuant and the Lease Commencement Date occurs in the calendar year 2015, then Tenant shall not be obligated to pay any Direct Expenses during the calendar year 2015, and further; provided, however, that in no event shall any decrease in Direct Expenses for any Expense Year, as that term is defined in Section 4.6 of 4.2.3 below, below Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” ”, and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent and of Landlord to reconcile and reimburse Tenant for overpayments of Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 2 contracts

Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

General Terms. In addition to paying the Base Rent specified in Article ARTICLE 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” "TENANT'S SHARE" of the annual “Building Direct Expenses"DIRECT EXPENSES," as those terms are defined in Sections 4.2.9 SECTIONS 4.2.6 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of “Capital Expensesthe amount of Direct Expenses applicable to the "Base Year," as that term is defined in Section 4.2.8SECTION 4.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease. In addition to the foregoing obligations, Tenant shall also pay "TENANT'S ELECTRICITY COST," as defined in Section 4.6 4.7 of this Lease, separately from any increases in Direct Expenses. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms TCCs of this Lease, are hereinafter collectively referred to as the “Additional Rent"ADDITIONAL RENT," and the Base Rent and the Additional Rent are herein collectively referred to as “Rent"RENT." All amounts due under this Article ARTICLE 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the The obligations of Tenant to pay the Additional Rent provided for in this Article ARTICLE 4 shall survive the expiration of the Lease Term. Landlord may upon expiration or earlier termination of the Lease Term deliver for such period of time as is required to reconcile the Estimated Excess and Overpayment Amount of Direct Expenses pursuant to SECTION 4.4.1 hereof; provided, however, that any other contingent or unliquidated contractual claims of Landlord or Tenant an estimate of any Base Rent(e.g., Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon indemnity) shall survive the expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that earlier termination of this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality only for so long as any applicable statute of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leaselimitations would permit such actions under Massachusetts law.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

General Terms. In addition Senior Notes offered and sold to paying persons reasonably believed to be QIBs in reliance on Rule 144A shall, unless the Company otherwise notifies the Trustee in writing, be issued in the form of one or more permanent global Securities substantially in the form attached hereto as Exhibit A, except as otherwise permitted herein. Such global Securities shall be referred to collectively herein as the “Rule 144A Global Securities,” and shall be deposited with the Trustee, as custodian for the Depositary or its nominee, for credit to an account of members of, or participants in, the Depositary (“Agent Members”), and shall be duly executed by the Company and authenticated by the Trustee as provided herein. The aggregate principal amount of Rule 144A Global Securities may from time to time be increased or decreased by adjustments made on the records of the Trustee, as custodian for the Depositary or its nominee, as hereinafter provided. Senior Notes offered and sold in offshore transactions in reliance on Regulation S under the Securities Act shall, unless the Company otherwise notifies the Trustee in writing, be issued in the form of one or more global Securities substantially in the form attached hereto as Exhibit A, except as otherwise permitted herein. Such global Securities shall be referred to herein as the “Regulation S Global Securities,” and shall be deposited with the Trustee, as custodian for the Depositary or its nominee for the accounts of designated Agent Members holding on behalf of Euroclear or Clearstream and shall be duly executed by the Company and authenticated by the Trustee as provided herein. The aggregate principal amount of Regulation S Global Securities may from time to time be increased or decreased by adjustments made in the records of the Trustee, as custodian for the Depositary or its nominee, as hereinafter provided. Subject to the limitations on the issuance of certificated Securities set forth in Sections 4 and 5 of this Appendix, Securities issued pursuant to Section 3.06 of the Base Rent specified Indenture in Article 3 exchange for or upon transfer of this Leasebeneficial interests (x) in Rule 144A Global Securities shall be in the form of permanent certificated Securities substantially in the form attached hereto as Exhibit A (the “Rule 144A Physical Securities”) or (y) in Regulation S Global Securities (if any), Tenant on or after the Regulation S Security Exchange Date with respect to such Regulation S Global Securities, shall pay be in the form of permanent certificated Securities substantially in the form attached hereto as Exhibit A (i) the Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 and 4.2.2 of this LeaseRegulation S Physical Securities”), respectively, as hereinafter provided. The Rule 144A Physical Securities and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined Regulation S Physical Securities shall be construed to include any certificated Securities issued in Section 4.2.8, below, respect thereof pursuant to Section 4.6 Sections 3.04, 3.06 or 3.07 of this Leasethe Base Indenture or pursuant to any partial redemption of the Senior Notes, and the Rule 144A Global Securities and Regulation S Global Securities shall be construed to include any global Securities issued in respect thereof pursuant to Sections 3.04, 3.06 or 3.07 of the Base Indenture or pursuant to any partial redemption of the Senior Notes. Such payments by TenantThe Rule 144A Physical Securities and the Regulation S Physical Securities, together with any other certificated Securities issued and all other amounts payable by Tenant to Landlord authenticated pursuant to the terms of this LeaseIndenture, are hereinafter sometimes collectively herein referred to as the “Physical Securities.” The Rule 144A Global Securities and the Regulation S Global Securities, together with any other global Securities that are issued and authenticated pursuant to the Indenture, are sometimes collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “RentGlobal Securities.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 2 contracts

Samples: Indenture (EQT Corp), Supplemental Indenture (EQT Corp)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share allocated to the tenants of the Building pursuant to Section 4.3.1 below, which are in excess of the amount of Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.84.2.1, below, allocated to the tenants of the Building pursuant to Section 4.6 4.3.1 below; provided, however, that in no event shall any decrease in Direct Expenses allocated to the tenants of the Building pursuant to Section 4.3.1 below for any Expense Year below Direct Expenses allocated to the tenants of the Building pursuant to Section 4.3.1 below for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease, except as set forth in Section 4.4.1. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord or Landlord’s property manager pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” ”, and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration As of the Lease Term deliver to Tenant an estimate of any Base Rentdate hereof, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand the parties acknowledge and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent sole tenant of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this LeaseBuilding.

Appears in 2 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

General Terms. Certificates for all insurance carried pursuant to this Section 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In addition the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant’s sole cost and expense. Tenant’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to paying be maintained for ten (10) years following completion of the Base Rent specified work and acceptance by Landlord and Tenant and which shall name Landlord, and any other party that Landlord so specifies, as additional insured as to the full limits required hereunder for such entire ten (10) year period. All insurance, except Workers’ Compensation, maintained by Tenant’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the owner and that any other insurance maintained by owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 4.2.2.2 of this Tenant Work Letter. Landlord may, in Article 3 its discretion, as provided in Section 8.3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. obtain a lien and completion bond or some alternate form of security satisfactory to Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting an amount sufficient to ensure the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent lien-free completion of the parties hereto that the Base Rent provided to be paid by Tenant to Improvements and naming Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leasea co-obligee.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

General Terms. In As set forth in this Article 4, in addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “"Tenant’s 's Share" of the annual “Building Direct "Project Expenses," as those terms are defined in Sections 4.2.9 4.2.7 and 4.2.2 4.2.4 of this Lease, respectively, and (ii) Tenant’s Share allocated to the tenants of “Capital Expensesthe Building pursuant to the terms of Section 4.3 below, to the extent such Project Expenses allocated to the tenants of the Building are in excess or such Project Expenses applicable to the "Base Year," as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 4.2.1 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the "Additional Rent," and the Base Rent and the Additional Rent are sometimes herein collectively referred to as "Rent.” All amounts due under " Except as otherwise expressly provided in this Lease to the contrary, if Base Rent is abated or free Base Rent is granted by Landlord during the Lease Term, no such abatement or granting of free Base Rent shall alter or modify Tenant's obligation to pay Additional Rent pursuant to this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent4. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, . the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon , to the extent same is attributable to the time period prior to the expiration of the Lease Term deliver Term. If Tenant disputes that an amount is due and owing by it pursuant to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that Tenant shall have the right, without waiving any rights held by it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, at law or in connection with the operations thereofequity, including to pay any such amount under protest and thereafter to seek recovery of all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leaseany part thereof from Landlord.

Appears in 2 contracts

Samples: Lease (Specialty Laboratories), Office Lease and Consent to Sublease Agreement (Specialty Laboratories)

General Terms. Certificates for all insurance carried pursuant to this Section 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment is moved onto the Project. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In addition to paying the Base Rent specified in Article 3 event that the Tenant Improvements are damaged by any cause during the course of this Leasethe construction thereof, Tenant shall pay (i) “immediately repair the same at Tenant’s Share” 's sole cost and expense. Tenant's Agents shall maintain all of the annual “Building Direct Expenses,” foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 4.2.2.4 shall insure Landlord and Tenant, as those terms are defined in Sections 4.2.9 their interests may appear, as well as Contractor and 4.2.2 Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 4.2.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease TermWork Letter. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rentmay, Additional Rent or other obligations outstandingin its discretion, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. obtain a lien and completion bond or some alternate form of security satisfactory to Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting an amount sufficient to ensure the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent lien- free completion of the parties hereto that the Base Rent provided to be paid by Tenant to Improvements and naming Landlord shall be net to Landlordas a co-obligee, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leaseupon ten (10) days advance written notice.

Appears in 2 contracts

Samples: Work Letter Agreement (Threshold Pharmaceuticals Inc), Work Letter Agreement (Arqule Inc)

General Terms. In addition to paying the Base Rent specified in Article ARTICLE 3 of this Lease, Tenant shall pay (i) Tenant’s ShareTENANT’S SHARE” of the annual “Building Direct ExpensesDIRECT EXPENSES,” as those terms are defined in Sections 4.2.9 SECTIONS 4.2.6 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of the amount of Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.8SECTION 4.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease. In addition to the foregoing obligations, Tenant shall also pay “TENANT’S ELECTRICITY COST,” as defined in Section 4.6 4.7 of this Lease, separately from any increases in Direct Expenses. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms TCCs of this Lease, are hereinafter collectively referred to as the “Additional RentADDITIONAL RENT,” and the Base Rent and the Additional Rent are herein collectively referred to as “RentRENT.” All amounts due under this Article ARTICLE 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the The obligations of Tenant to pay the Additional Rent provided for in this Article ARTICLE 4 shall survive the expiration of the Lease Term. Landlord may upon expiration or earlier termination of the Lease Term deliver for such period of time as is required to reconcile the Estimated Excess and Overpayment Amount of Direct Expenses pursuant to SECTION 4.4.1 hereof; provided, however, that any other contingent or unliquidated contractual claims of Landlord or Tenant an estimate of any Base Rent(e.g., Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon indemnity) shall survive the expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that earlier termination of this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality only for so long as any applicable statute of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leaselimitations would permit such actions under Massachusetts law.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

General Terms. In Commencing with the first (1st) day after the Base Year, in addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” Share (as defined below) of the annual Direct Expenses (as defined below) which are in excess of the amount of Direct Expenses over the Allowance (as defined below). Building Allowance” shall be the total dollar amount of Direct Expenses,” Expenses actually incurred by Landlord during the Base Year for the Buildings. Landlord and Tenant agree that, notwithstanding anything contained in this Lease to the contrary, commencing with the first Expense Year (as those terms are defined in Sections 4.2.9 and 4.2.2 of this Lease, respectivelybelow) following the Base Year, and (ii) Tenant’s Share of “Capital Expenses,” for each Expense Year thereafter, the aggregate Controllable Operating Costs, as that term is defined in Section 4.2.8, below, pursuant shall not increase more than five percent (5%) in any Expense Year over the maximum amount of the aggregate Controllable Operating Costs chargeable for the immediately preceding Expense Year, with no limit on the aggregate Controllable Operating Costs during the Base Year (except as provided in the definition of Operating Costs below) (the “Annual Cap”). “Controllable Operating Costs” shall mean all Operating Costs except utility costs, costs of services provided under a union contract and costs associated with repairs due to Section 4.6 casualty, vandalism or other source outside of this LeaseLandlord’s reasonable control and in no event shall Controllable Operating Costs include Tax Expenses or Insurance Premiums. Such payments by TenantXxxxxx, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this LeaseLease including the parking charges (as set forth in Article 30), are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent Rent, related to the period of time during which the Lease is in effect, provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Molina Healthcare Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “"Tenant’s 's Share" of the annual “Building "Direct Expenses," as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of “Capital Expensesthe amount of Direct Expenses applicable to the "Base Year," as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to Section 4.6 of any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” "ADDITIONAL RENT", and the Base Rent and the Additional Rent are herein collectively referred to as “Rent"RENT." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant and Landlord which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in attributable to the period of time prior to the Lease Expiration Date, as may be extended pursuant to the terms of Section 2.2 of this Article 4 Lease, or earlier termination of this Lease, and Landlord's obligation to refund to Tenant any overpayments of such Additional Rent, shall survive the expiration of the Lease Term. Landlord may upon expiration Notwithstanding the foregoing, other than Tax Expenses and costs incurred for utilities (the "EXCLUDED EXPENSES"), Tenant shall not be responsible for Tenant's Share of any Direct Expenses which are first billed to Tenant more than two (2) calendar years after the end of the Lease Term deliver Expense Year to which such Direct Expenses relate, provided that Tenant shall be responsible for Excluded Expenses first billed to Tenant an estimate more than two (2) calendar years after the end of any Base Rentthe Expense Year to which such Excluded Expenses relate only to the extent that Landlord becomes aware of such increased Excluded Expenses following such two (2) year period due to governmental revision, Additional Rent supplementation or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent governmental action which results in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent adjustment of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this LeaseExcluded Expenses.

Appears in 1 contract

Samples: Office Lease (Navarre Corp /Mn/)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 4.2.2, respectively, of this Lease, respectivelywhich are in excess of the amount of Direct Expenses applicable to the “Base Year,” as that term is defined in Section 4.2.1, and (ii) Tenant’s Share below; provided, however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease; provided further, however, with respect to that portion of Direct Expenses which consist of “Capital Facilities Expenses,” as that term is defined in Section 4.2.84.8 of this Lease, below, pursuant to Tenant shall pay “Tenant’s Facilities Share,” as that term is defined in Section 4.6 4.9 of this Lease, below, of such Facilities Expenses. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms TCCs of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent; provided, however, the parties hereby acknowledge that the first monthly installment of Tenant’s Share of any “Estimated Excess,” as that term is set forth in, and pursuant to the terms and conditions of, Section 4.4.2 of this Lease, shall first be due and payable for the calendar month occurring immediately following the expiration of the Base Year. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Office Lease (Ixia)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 4.2.2, respectively, of this Lease, respectively, and (ii) Tenant’s Share which are in excess of the amount of Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to Section 4.6 of any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms TCCs of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. ; provided, however, the parties hereby acknowledge that the first monthly installment of Tenant’s Share of any “Estimated Excess” (as that term is set forth in, and pursuant to the terms and conditions of, Section 4.4.2, below), shall first be due and payable for the calendar month occurring immediately following the expiration of the first (1st) Lease Year Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” "TENANT'S SHARE" of the annual “Building Direct Expenses"DIRECT EXPENSES," as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of “Capital Expensesthe amount of Direct Expenses applicable to the "Base Year," as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to Section 4.6 of any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” "ADDITIONAL RENT", and the Base Rent and the Additional Rent are herein collectively referred to as “Rent"RENT." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. , provided that Landlord may upon expiration of bills Tenant for such Additional Rent within one (1) year following the calendar year in which the Lease Term deliver expires, except where the failure to Tenant an estimate of timely furnish such bill as to any Base Rent, particular item includable as Additional Rent or other obligations outstandingis beyond Landlord's reasonable control (e.g., and Landlord may either deduct tax assessments that are late in arriving from the assessor), in which case such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord one (1) year limit shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to not be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leaseapplicable.

Appears in 1 contract

Samples: Office Lease (Amn Healthcare Services Inc)

General Terms. In Beginning on January 1, 2006, in addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of the amount of Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any “Expense Year,” as that term is defined in Section 4.2.3 below, below Direct Expenses for the Base Year entitle Tenant to Section 4.6 of any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” ”, and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All Except as otherwise expressly set forth herein, all amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term but shall be payable only for periods included within the Lease Term. Landlord may upon expiration Notwithstanding the foregoing, other than Tax Expenses and costs incurred for utilities (the “Excluded Expenses”), Tenant shall not be responsible for Tenant’s Share of any Direct Expenses which are first billed to Tenant more than two (2) calendar years after the end of the Lease Term deliver Expense Year to which such Direct Expenses relate, provided that Tenant shall be responsible for Excluded Expenses first billed to Tenant an estimate more than two (2) calendar years after the end of any Base Rentthe Expense Year to which such Excluded Expenses relate only to the extent that Landlord becomes aware of such increased Excluded Expenses following such two (2) year period due to governmental revision, Additional Rent supplementation or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent governmental action which results in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent adjustment of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this LeaseExcluded Expenses.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (THQ Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.2 and 4.2.2 4.2.6 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of the amount of Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any “Expense Year,” as that term is defined in Section 4.2.3 below, below Direct Expenses for the Base Year entitle Tenant to Section 4.6 of any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this LeaseLease (other than Base Rent), are hereinafter collectively referred to as the “Additional Rent,” ”, and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant incurred during the Lease Term which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration Notwithstanding any provision to the contrary contained in this Lease, any other monetary obligations payable by Tenant hereunder shall be considered Rent for purposes hereof. Notwithstanding anything to the contrary contained herein, Tenant shall not be responsible for payments of Direct Expenses for the first twelve (12) months of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that during the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this LeaseYear.

Appears in 1 contract

Samples: Office Lease (Life360, Inc.)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) "Tenant’s 's Share" of the annual “Building "Direct Expenses," as those terms are defined in Sections 4.2.9 1.1.10 and 4.2.2 1.1.2, respectively, of Exhibit G attached to this Lease, respectively, and (ii) Tenant’s Share which are in excess of “Capital Expensesthe amount of Direct Expenses applicable to the "Base Year," as that term is defined in Section 4.2.81.1.1 of Exhibit G, belowand (ii) Tenant's Share of "Capital Expenses," as that term is defined in Section 1.1.9 of Exhibit G, pursuant to Section 4.6 1.4 of Exhibit G; provided, however, that in no event shall any decrease in Direct Expenses for any "Expense Year," as that term is defined in Section 1.1.6 of Exhibit G, below Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the "Additional Rent," and the Base Rent and the Additional Rent are herein collectively referred to as "Rent." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 and Exhibit G shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.41.4, below. Landlord and Notwithstanding the foregoing, or the terms of Exhibit G to the contrary, Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting shall have no obligation to pay any Direct Expenses or Capital Expenses attributable to the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent first twelve (12) months of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this LeaseLease Term.

Appears in 1 contract

Samples: Office Lease (Kite Pharma, Inc.)

General Terms. In addition to paying the Base Rent specified in Article ARTICLE 3 of this Lease, Tenant shall pay (ia) "Tenant’s 's Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” " as that term is defined in Section 4.2.8SECTION 4.2.7 of this Lease, belowof the annual "Insurance Expenses," as that term is defined in SECTIONS 4.2.4 of this Lease, pursuant which are in excess of the amount of Insurance Expenses applicable to Section 4.6 the "Base Year," as that term is defined in SECTION 4.2.1 of this Lease, plus (b) Tenant's Share of the annual "Operating Expenses," as that term is defined in SECTION 4.2.5 of this Lease, which are in excess of the amount of Operating Expenses applicable to the Base Year, plus (c) Tenant's Share of the annual "Tax Expenses," as that term is defined in SECTION 4.2.6 of this Lease, which are in excess of the amount of Tax Expenses applicable to the Base Year; provided, however, in no event shall any decrease in Insurance Expenses, Operating Expenses or Tax Expenses, as the case may be, for any "Expense Year," as that term is defined in SECTION 4.2.3 of this Lease, below Insurance Expenses, Operating Expenses or Tax Expenses, respectively, for the Base Year entitle Tenant to any decrease in Base Rent or any credit against any Additional Rent or other sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” "ADDITIONAL RENT", and the Base Rent and the Additional Rent are herein collectively referred to as “Rent"RENT." All amounts due under this Article ARTICLE 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article ARTICLE 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Office Lease (Aethlon Medical Inc)

General Terms. In addition Subject to paying the Base Rent specified in Article 3 terms and conditions hereof, each Lender severally agrees to extend a revolving line of this Leasecredit (the “Floor Plan Credit”) to the Company that may be availed of by the Company from time to time during the period from and including the date hereof to but not including the Termination Date, Tenant shall pay (i) “Tenant’s Share” at which time the commitments of the annual Lenders to extend credit under the Floor Plan Credit shall expire. The maximum amount of the Floor Plan Credit that each Lender agrees to extend to the Company shall be as set forth opposite such Lender’s name on Schedule A hereto under the heading Building Direct Expenses,Floor Plan Commitment”, as such amount may be reduced pursuant hereto (collectively for all Lenders, the “Floor Plan Commitments”). Notwithstanding anything in this Agreement, the Notes, or otherwise to the contrary, the aggregate maximum Floor Plan Commitment through March 31, 2009, will be $90,000,000, and the aggregate maximum Floor Plan Commitment thereafter will be $80,000,000, with each Lender’s respective Floor Plan Commitment for those time periods as specified on Schedule A. The Floor Plan Credit shall be utilized by the Company solely for the purchase of new or used Floor Plan Units and for Reflooring Borrowings hereinafter referred to and shall be in the form of loans (individually, a “Floor Plan Loanand collectively, the “Floor Plan Loans”); provided that (a) the aggregate principal amount of Floor Plan Loans outstanding at any one time shall not exceed the Floor Plan Commitments (as those terms are defined the same may be reduced pursuant to this Section 1.1(a) and Section 8.3) minus the aggregate Unfunded Approved Amounts then outstanding, (b) the aggregate principal amount of Floor Plan Loans then outstanding and representing Borrowings advanced against Eligible Used Floor Plan Units referred to in Sections 4.2.9 clauses (ii) and 4.2.2 (iii) below (including Reflooring Borrowings made against Eligible Used Floor Plan Units) shall not at any time exceed $26,000,000, (c) the aggregate principal amount of this LeaseFloor Plan Loans outstanding and representing Borrowings advanced against Floor Plan Units sold to the U.S. Government shall not at any time exceed $8,000,000, respectively(d) the aggregate principal amount of Floor Plan Loans outstanding and representing Borrowings advanced against Floor Plan Units leased under the Program shall not at any time exceed $2,000,000, and (iie) Tenant’s Share each Borrowing against a particular Floor Plan Unit that is leased under the Program shall not at any time exceed $35,000. Each Borrowing of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent Floor Plan Loans shall be payable for the same periods and in the same manner as the Base Rent. Without limitation advanced against individual Floor Plan Units on other obligations of Tenant which survive the expiration of the Lease Terma specific identification basis, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.each Borrowing against an:

Appears in 1 contract

Samples: Credit Agreement (Lazy Days R.V. Center, Inc.)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) "Tenant’s 's Share" of the annual “Building "Direct Expenses," as those terms are defined in Sections 4.2.9 4.2.3 and 4.2.2 4.2.1 of this Lease, respectively, and (ii) Tenant’s 's Share of "Capital Expenses," as that term is defined in Section 4.2.84.2.9, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the "Additional Rent," and the Base Rent and the Additional Rent are herein collectively referred to as "Rent." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

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

General Terms. In Net" Lease As set forth in this Article 4, in addition to paying the Base Rent specified (as set forth in Article 3 Section 8.1 of this Leasethe Summary), Tenant shall pay Landlord Tenant's "Proportionate Share" of Operating Expenses (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.84.2.2 below). Tenant's "Proportionate Share" shall equal a fraction, belowthe numerator of which is the gross leasable floor area of the Premises, pursuant to Section 4.6 and the denominator of this Leasewhich is the total gross leasable floor area of the Building of which the Premises is a part. Such payments by TenantXxxxxx, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this LeaseLease (other than Base Rent), are hereinafter collectively referred to as the "Additional Rent,” ", and the Base Rent and the Additional Rent are sometimes herein collectively referred to as "Rent." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which that survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 that accrue during the Lease Term shall survive the expiration of the Lease Term. Except for the payment of Tenant's Proportionate Share of Operating Expenses, which shall be paid in accordance with Sections 4.3, Landlord may upon expiration of and Tenant acknowledge that it is their intent and agreement that this Lease be a "TRIPLE NET" lease and that as such, the provisions contained in this Lease Term deliver are intended to pass on to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstandingreimburse Landlord for all costs and expenses associated with this Lease and the Premises, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediatelyXxxxxx's operation therefrom. Landlord shall make necessary adjustments be responsible for differences between actual those costs and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree expenses that this Lease is a “triple net” Leaseexpressly provides are Landlord's responsibility, which shall not be included in Operating Expenses unless Air Cargo Lease A-Mark 2014 - 4 - AIR CARGO CENTER LEASE otherwise provided for herein. Tenant recognizes and acknowledges, without limiting the generality of Landlord shall not be responsible for any other terms, covenants, conditions costs or provisions of expenses associated with this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with Lease or the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition but not limited to the Base Rent specified in those that this LeaseLease expressly provides are Tenant's responsibility.

Appears in 1 contract

Samples: Work Letter Agreement (A-Mark Precious Metals, Inc.)

General Terms. Certificates for all insurance carried pursuant to this Section 3.2.1.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In addition to paying the Base Rent specified in Article 3 event that the Tenant Improvements are damaged by any cause during the course of this Leasethe construction thereof, Tenant shall pay (i) “immediately repair the same at Tenant’s Share” sole cost and expense. Tenant’s Agents shall maintain all of the annual “Building Direct Expenses,” foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the Work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.1.4 shall insure Landlord and Tenant, as those terms are defined in Sections 4.2.9 their interests may appear, as well as Contractor and 4.2.2 Tenant’s Agents. All insurance, except Workers’ Compensation, maintained by Tenant’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the owner and that any other insurance maintained by owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.1.2 of this Lease, respectively, and (iiTenant Work Letter. Consistent with Section 6.05(a) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any Lease and all other amounts payable by Tenant to Landlord pursuant to the terms Section 3.4.1 of this LeaseTenant Work Letter, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent Landlord shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual obtain a lien and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality completion bond or some alternate form of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net security satisfactory to Landlord, andin its sole discretion, except as specifically excluded herein, any and all expenses incurred in connection with an amount sufficient to ensure the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation lien-free completion of the Premises, the Building Tenant Improvements. Such lien and the Project, together with the appurtenances thereto, completion bond shall be paid by Tenant in addition to the Base Rent specified in this Leasename Landlord as a co-obligee.

Appears in 1 contract

Samples: Nondisturbance and Attornment Agreement (Switch, Inc.)

General Terms. Certificates for all insurance carried pursuant to this Section 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In addition to paying the Base Rent specified in Article 3 event that the Tenant Improvements are damaged by any cause during the course of this Leasethe construction thereof, Tenant shall pay (i) “immediately repair the same at Tenant’s Share” sole cost and expense. Tenant’s Agents shall maintain all of the annual “Building Direct Expenses,” foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant and which shall name Landlord, and any other party that Landlord so specifies, as those terms are defined in Sections 4.2.9 additional insured as to the full limits required hereunder for such entire ten (10) year period. All insurance, except Workers’ Compensation, maintained by Tenant’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the owner and 4.2.2 that any other insurance maintained by owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, as provided in Section 8.3 of the Original Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. obtain a lien and completion bond or some alternate form of security satisfactory to Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting an amount sufficient to ensure the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent lien-free completion of the parties hereto that the Base Rent provided to be paid by Tenant to Improvements and naming Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leasea co-obligee.

Appears in 1 contract

Samples: Office Lease (CrowdStrike Holdings, Inc.)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” 's Share of the annual “Building Direct ExpensesExpenses which are in excess of the amount of Direct Expenses applicable to the "Base Year,” as those terms are defined in Sections 4.2.9 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” " as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to Section 4.6 of any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the "Additional Rent,” ", and the Base Rent and the Additional Rent are herein collectively referred to as "Rent." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term but shall be payable only for periods included within the Lease Term. Landlord may upon expiration Notwithstanding the foregoing, other than Tax Expenses and costs incurred for utilities (the "Excluded Expenses"), Tenant shall not be responsible for Tenant's Share of any Direct Expenses which are first billed to Tenant more than two (2) calendar years after the end of the Lease Term deliver Expense Year to which such Direct Expenses relate, provided that Tenant shall be responsible for Excluded Expenses first billed to Tenant an estimate more than two (2) calendar years after the end of any Base Rentthe Expense Year to which such Excluded Expenses relate only to the extent that Landlord becomes aware of such increased Excluded Expenses following such two (2) year period due to governmental revision, Additional Rent supplementation or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable governmental action which results in the adjustment of the Excluded Expenses. Notwithstanding anything to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent the contrary set forth in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is Tenant shall not be obligated to pay any Direct Expenses attributable to the intent first twelve (12) months of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leaseinitial Lease Term.

Appears in 1 contract

Samples: Office Lease (Artistdirect Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.5 and 4.2.2 4.2.1 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded otherwise provided herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Office Lease (Audience Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” "TENANT'S SHARE" of the annual “Building Direct Expenses"DIRECT EXPENSES," as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 4.2.2, respectively, of this Lease, respectively, and (ii) Tenant’s Share which are in excess of “Capital Expensesthe amount of Direct Expenses applicable to the "Base Year," as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to Section 4.6 of any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms TCCs of this Lease, are hereinafter collectively referred to as the “Additional Rent"ADDITIONAL RENT," and the Base Rent and the Additional Rent are herein collectively referred to as “Rent"RENT." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. , provided that Landlord may upon expiration of bills Tenant for such Additional Rent within one (1) year following the calendar year in which the Lease Term deliver expires, except where the failure to Tenant an estimate of timely furnish such bill as to any Base Rent, particular item includable as Additional Rent or other obligations outstandingis beyonx Xxndlord's reasonable control (e.g., and Landlord may either deduct tax assessments that are late in arriving from the assessor), in which case such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord one (1) year limit shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to not be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leaseapplicable.

Appears in 1 contract

Samples: Office Lease (Fair Isaac Corp)

General Terms. In As set forth in this Article 4, in addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Complex Expenses,” as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 4.2.4 of this Lease, respectively, and (ii) Tenant’s Share allocated to the tenants of the Building pursuant to the terms of Section 4.3 below, to the extent such Building Complex Expenses allocated to the tenants of the Building are in excess of Building Complex Expenses incurred or accrued during the Capital Expenses,” Base Year”, as that term is defined in Section 4.2.89.1 of the Summary. Landlord and Tenant hereby agree that it is their intent that all Base Rent, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any Additional Rent and all other amounts rent and charges payable by Tenant to Landlord pursuant to the terms of Landlord under this Lease, are Lease (hereinafter collectively referred to as the “Additional Rent,” individually and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.”) shall qualify as “rents from real propertywithin the meaning of Section 856(d) of the Internal Revenue Code of 1986, as amended, (the “Code”) and the Department of the U.S. Treasury Regulations promulgated thereunder (the “Regulations”). Should the Code or the Regulations, or interpretations thereof by the Internal Revenue Service contained in revenue rulings or other similar public pronouncements, be changed so that any Rent no longer so qualifies as “rent from real property” for purposes of Section 856(d) of the Code and the Regulations promulgated thereunder, such Rent shall be adjusted in such manner as the Landlord may require so that it will so qualify; provided, however, that any adjustments required pursuant to this Section 4.1 shall be made so as to produce the equivalent (in economic terms) Rent as payable prior to such adjustment. The parties agree to execute such further instrument as may reasonably be required by the Landlord in order to give effect to the foregoing provisions of this Section 4.1. All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner manner, time and place as the Base Rent. Without limitation on other obligations of Tenant which shall survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Office Lease (Nabriva Therapeutics PLC)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 and 4.2.2 Section 4.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of the amount of Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any “Expense Year,” as that term is defined in Section 4.2.3 below, below Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease except as expressly set forth in Section 4.6 4.4.1. In the event any other lessee or occupant of this Leasethe Building directly pays any Direct Expenses to which Tenant contributes, or directly bears the expense of repair or maintenance of any Common Areas, then such lessee’s or occupant’s premises shall not be included in the denominator of the fraction used to compute Tenant’s Share thereof, as a whole, or on an item by item basis, as determined by Landlord. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” ”, and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All Rent shall be paid in lawful money of the United States of America without notice, demand, recoupment, offset, deduction, abatement or counterclaim except as otherwise expressly set forth in this Lease, to Landlord at the address established in Section 3.1. All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration If the Building is not at least ninety five percent (95%) occupied during all or a portion of the Lease Term deliver Base Year, Landlord shall (i) make an appropriate adjustment to Tenant an estimate the components of any Base Rent, Additional Rent or other obligations outstandingOperating Expenses for such year which vary with occupancy to determine the amount of Operating Expenses that would have been incurred had the Building been ninety five percent (95%) occupied, and (ii) make an appropriate adjustment to the Tax Expenses for such year to reflect a one hundred percent (100%) occupied and fully-assessed Building. It is understood that (i) only Operating Expenses which vary with occupancy will be included in the foregoing adjustment, and (ii) Landlord’s right to adjust the components of Operating Expenses described above in this Section shall not permit Landlord may either deduct such amount to collect Operating Expenses from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred other tenants in connection with the Premises, the Building and in an amount in excess of what Landlord actually incurs for the Project, or items included in connection with the operations thereof, such adjustment (including any Landlord’s management fee thereon and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs other components of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant such Operating Expenses described in addition to the Base Rent specified in this LeaseSection 4.2.4).

Appears in 1 contract

Samples: Office Lease (HMS Holdings Corp)

General Terms. In addition Certificates for all insurance ------------- carried pursuant to paying this Section 4.2.2.4 shall be delivered to Lessor before --------------- the Base Rent specified in Article 3 commencement of this Lease, Tenant shall pay (i) “Tenant’s Share” construction of the annual “Building Direct Expenses,” Tenant Improvements and before the Contractor's equipment is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Lessor thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Lessee shall immediately repair the same at Lessee's sole cost and expense. Lessee's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Lessor, except for any Products and Completed Operation Coverage insurance required by Lessor, which is to be maintained for ten (10) years following completion of the work and acceptance by Lessor and Lessee. All policies carried under this coverage in force until the Tenant Improvements are fully completed and accepted by Lessor, except for any Products and Completed Operation Coverage insurance required by Lessor, which is to be maintained for ten (10) years following completion of the work and acceptance by Lessor and Lessee. All policies carried under this Section 4.2.2.4 shall insure Lessor and Lessee, as those terms are defined in Sections 4.2.9 --------------- their interests may appear, as well as Contractor and 4.2.2 of this LeaseLessee's Agents. All insurance, respectivelyexcept Workers' Compensation, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Leasemaintained by Lessee's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent insurance shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, provide that it is primary insurance as respects the intent owner and that any other insurance maintained by owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Lessor by Lessee under Section 4.2.2.2 of this Tenant Work Letter. Lessor may, in its --------------- discretion, require Lessee to obtain a lien and completion bond or some alternate form of security satisfactory to Lessor in an amount sufficient to ensure the lien-free completion of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except Improvements and naming Lessor as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leaseco-obligee.

Appears in 1 contract

Samples: New Century Financial Corp

General Terms. Certificates for all insurance carried pursuant to this Section 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In addition the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense, provided that Landlord agrees to paying make any proceeds from Tenant's or Tenant's Parties' insurance policies on which Landlord is named as an additional insured available to Tenant for such repair. Tenant's Parties shall maintain all of the Base Rent specified foregoing insurance coverage in Article 3 force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Contractor and Tenant's Parties. All insurance, except Workers' Compensation, maintained by Tenant's Parties shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the owner and that any other insurance maintained by owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 4.2.2.2 of this Tenant Work Letter. Landlord agrees that, so long as Original Tenant remains the Tenant under this Lease, and no material change in circumstances has otherwise occurred with respect to Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 and 4.2.2 of or this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or not require Tenant to pay such funds immediately. obtain a lien and completion bond or some alternate form of security satisfactory to Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting an amount sufficient to ensure the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent lien-free completion of the parties hereto that the Base Rent provided to be paid by Tenant to Improvements and naming Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.a co-obligee. 4.2.3

Appears in 1 contract

Samples: Office Lease (Activision Inc /Ny)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “"Tenant’s 's Share" of the annual “Building "Direct Expenses," as those terms are defined in Sections 4.2.9 1.1.6 and 4.2.2 1.1.2, respectively, of Exhibit C attached to this Lease, respectively, and (ii) Tenant’s Share which are in excess of “Capital Expensesthe amount of Direct Expenses applicable to the "Base Year," as that term is defined in Section 4.2.81.1.1 of Exhibit C attached to this Lease; provided, belowhowever, pursuant that in no event shall any decrease in Direct Expenses for any "Expense Year," as that term is defined in Section 1.1.3 of Exhibit C attached to Section 4.6 of this Lease, below Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the "Additional Rent,” ", and the Base Rent and the Additional Rent are herein collectively referred to as "Rent." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 and Exhibit C shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Office Lease (Palisade Bio, Inc.)

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General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of the amount of Building Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Building Direct Expenses for any “Expense Year,” as that term is defined in Section 4.2.6 below, below Building Direct Expenses for the Base Year entitle Tenant to Section 4.6 of any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Office Lease (Hyperion Therapeutics Inc)

General Terms. Certificates for all insurance carried pursuant to this Schedule “C-1” shall be delivered to Landlord before any entry into the Premises by Tenant or any of Tenant’s contractors or subcontractors. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days prior written notice of modification, cancellation or nonrenewal; provided, however, said insurer shall only be required to provide ten (10) days prior written notice of cancellation in the event of non-payment of premium. In addition to paying the Base Rent specified in Article 3 event that the Tenant Improvements are damaged by any cause during the course of this Leasethe construction thereof, Tenant shall pay (i) “immediately repair the same at Tenant’s Share” sole cost and expense. Tenant’s contractors and subcontractors shall maintain all of the annual foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All insurance policies, except Workers’ Compensation, carried under this Schedule Building Direct Expenses,C-1shall insure Tenant and include Landlord as those terms are defined in Sections 4.2.9 and 4.2.2 of this Leaseadditional insured, respectivelyas their interests may appear, and (ii) as well as Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8contractors and subcontractors. All insurance, belowexcept Workers’ Compensation, pursuant to Section 4.6 of this Leasemaintained by Tenant’s contractors and subcontractors shall preclude subrogation claims by the insurer against anyone insured thereunder. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent insurance shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, provide that it is primary insurance as respects the intent Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements of the parties hereto that foregoing insurance shall not derogate from the Base Rent provided to be paid provisions for indemnification of Landlord by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred contained in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs Work Letter. SCHEDULE 1 TO EXHIBIT “C” EXHIBIT “D” Depiction of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.Tenant’s Reserved Parking Spaces [See Attached] EXHIBIT “D” EXHIBIT “E”

Appears in 1 contract

Samples: Office Building Lease (Quest Software Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 Concurrently with Tenant's execution of this ------------- Lease, Tenant will deposit with Landlord the Security Deposit designated in Subparagraph l(o). The Security Deposit shall pay (i) “Tenant’s Share” consist of the annual “Building Direct Expenses,” Cash Portion of the Security Deposit (as those terms are defined in Sections 4.2.9 Subparagraph 1(o) and 4.2.2 the Letter of Credit (as defined in Subparagraph 1(o)). The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants, and conditions of this LeaseLease to be kept and performed by Tenant during the Term hereof. If Tenant defaults with respect to any provisions of this Lease including, respectivelybut not limited to, the provisions relating to the payment of Rent, Landlord may (but shall not be required to) use, apply or retain all or any part of the Security Deposit for the payment of any Rent or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default or to compensate Landlord for any loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the Security Deposit is so used or applied, Tenant shall, within ten (10) days after Landlord's written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant 's failure to Section 4.6 of do so shall constitute a default under this Lease. Such payments Without limiting the generality of the immediately preceding sentence, Tenant shall deposit cash with Landlord to restore all or any portions of the Letter of Credit drawn by TenantLandlord. Landlord shall not be required to keep the Cash Portion of the Security Deposit separate from its general funds, together with and Tenant shall not be entitled to interest on the Cash Portion of the Security Deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any and all other amounts payable by balance thereof shall be returned to Tenant to Landlord pursuant (or, at Landlord's option, to the terms last assignee of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive Tenant's interest hereunder) within thirty (30) days following the expiration of the Lease Term, Term as required under applicable law. Should Landlord sell its interest in the obligations of Tenant to pay Premises during the Additional Rent provided for in this Article 4 shall survive Term hereof and deposit with the expiration purchaser thereof the then balance of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, Security Deposit and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net discharged from any further liability with respect to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leasesuch Security Deposit.

Appears in 1 contract

Samples: Office Building Lease (Kana Communications Inc)

General Terms. Certificates for all insurance carried pursuant to this Section 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Second Amendment Tenant Improvements and before the Contractor's equipment is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy or the insured will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In addition to paying the Base Rent specified in Article 3 event that the Second Amendment Tenant Improvements are damaged by any cause during the course of this Leasethe construction thereof, Tenant shall pay (i) “repair the same. Tenant’s Share” 's Agents shall maintain all of the annual “Building Direct Expenses,” foregoing insurance coverage in force until the Second Amendment Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 4.2.2.4 shall insure Landlord and Tenant, as those terms are defined in Sections 4.2.9 their interests may appear, as well as Contractor and 4.2.2 Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the owner and that any other insurance maintained by owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 4.2.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this LeaseTenant Work Letter. Such payments by Tenant, together In connection with any and all other amounts payable by Second Amendment Tenant to Landlord pursuant to the terms Improvements which cost in excess of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and $1,000,000.00 in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Termaggregate, the obligations of Tenant to pay the Additional Rent provided for Landlord may, in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rentits discretion, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. obtain a lien and completion bond or some alternate form of security satisfactory to Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting an amount sufficient to ensure the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent lien-free completion of the parties hereto that the Base Rent provided to be paid by Second Amendment Tenant to Improvements and naming Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leasea co-obligee.

Appears in 1 contract

Samples: Lease (Sequenom Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of the amount of Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease. In addition to the foregoing obligations, Tenant shall also pay “Tenant’s Electricity Cost,” as defined in Section 4.6 4.7 of this Lease, separately from any increases in Direct Expenses. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms TCCs of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation , provided, however, that Tenant’s obligation to pay Additional Rent shall commence upon the Lease Commencement Date and shall be payable in advance on other obligations or before the first day of Tenant which survive the expiration of each and every calendar month during the Lease Term, the . The obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration or earlier termination of the Lease Termfor such period of time as is required to reconcile the Estimated Excess and Overpayment Amount of Direct Expenses pursuant to Section 4.4.1 hereof; provided, however, that any other contingent or unliquidated contractual claims of Landlord or Tenant (e.g., indemnity) shall survive the expiration or earlier termination of this Lease only for so long as any applicable statute of limitations would permit such actions under Massachusetts law. Landlord may upon expiration For the avoidance of the Lease Term deliver to doubt, Tenant an estimate of shall not be responsible for any Base Rent, Additional Rent or (other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated than Tenant’s Additional Rent in accordance with pursuant to Section 4.44.8) for the Interim Premises through November 30, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease2009.

Appears in 1 contract

Samples: Office Lease (3com Corp)

General Terms. In addition to paying 2.1 Except as otherwise provided in this Loan Agreement or the Base Rent specified in Article 3 Other Agreements, if not sooner paid, that portion of this Lease, Tenant shall pay Binks' Liabilities consisting of: (iA) “Tenant’s Share” all principal payable on account of that portion of the annual “Building Direct Expenses,” Financial Accommodations provided by LaSalle to Binks hereunder as those terms are defined in Sections 4.2.9 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments evidenced by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent Revolving Note shall be payable for the same periods and in the same manner as the Base Rent. Without limitation full by Binks to LaSalle on other July 12, 1997; (B) Binks' obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 LaSalle with respect to Foreign Exchange Contracts shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise be payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4the terms thereof and SECTION 3.2 hereof; (C) all costs, below. Landlord fees and Tenant understand expenses payable pursuant to this Loan Agreement and agree that the Other Agreements shall be payable by Binks to LaSalle, or to such other Person designated by LaSalle, on demand; (D) interest payable pursuant to this Lease is Loan Agreement and the Other Agreements shall be payable by Binks to LaSalle as follows: (1) Interest on Advances made at the Prime Rate shall be payable monthly in arrears; (2) Interest on Advances made a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is LIBOR Rate shall be payable in arrears on the intent last day of the parties hereto LIBOR Interest Period during which such interest accrued; provided that if the Base Rent provided to relevant LIBOR Interest Period exceeds ninety (90) days, accrued interest shall also be paid by Tenant to Landlord payable upon the 90-day anniversary of such LIBOR Interest Period; and (3) Interest on Advances made at the Bankers Acceptance Rate shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred payable in connection with arrears on the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation last day of the PremisesBankers Acceptance Interest Period during which such interest accrued; provided that if the relevant Bankers Acceptance Interest Period exceeds ninety (90) days accrued interest shall also be payable upon the 90-day anniversary or such Bankers Acceptance Interest Period; and (E) the balance of Binks' Liabilities, the Building and the Project, together with the appurtenances theretoif any, shall be paid payable by Tenant Binks to LaSalle on demand. All such payments to LaSalle shall be payable at LaSalle's principal place of business as provided in addition SECTION 8.14 of this Loan Agreement, or at such other place or places as LaSalle may designate in writing to the Base Rent specified Binks. All of such payments to Persons other than LaSalle shall be payable at such place or places as LaSalle may designate in this Leasewriting to Binks. Binks' Liabilities may be prepaid at any time in whole or in part, without premium or penalty, but subject to Binks' obligation to compensate LaSalle for its losses, costs and expenses pursuant to SECTION 2.9 hereof.

Appears in 1 contract

Samples: Loan Agreement (Binks Manufacturing Co)

General Terms. In addition to paying Tenant may request, as part of its Cancellation Notice, that Landlord, upon the Base Rent specified Cancellation Date, recognize the Sublease as a direct lease between Landlord and Specialty Laboratories (the "Recognition"), provided that Landlord shall only so ------------------ * PORTIONS OF THIS PAGE HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. recognize the Sublease under the following conditions (which conditions must be reflected in Article 3 of this Lease, Tenant shall pay a written agreement executed by Landlord and Specialty Laboratories): (i) “Tenant’s Share” Landlord shall not be bound by any terms or conditions of the annual “Building Direct Expenses,” as those Sublease which are inconsistent with the terms are defined in Sections 4.2.9 and 4.2.2 conditions of this the Lease, respectivelyas amended by this Third Amendment; provided, and however, the economic terms of such Sublease may be more favorable to Landlord than those set forth in the Lease, as amended by this Third Amendment, (ii) Landlord shall not be liable for any act or omission of Tenant’s Share , (iii) Landlord shall not be subject to any offsets or defenses which Specialty Laboratories might have as to Tenant or to any claims for damages against Tenant, (iv) Landlord shall not be required or obligated to credit Specialty Laboratories with any rent or additional rent paid by Specialty Laboratories to Tenant, (v) Landlord shall be responsible for performance of “Capital Expensesonly those covenants and obligations of Tenant pursuant to the Sublease accruing after the Cancellation Date, (vi) Specialty Laboratories shall agree, upon termination of the Lease, as amended by this Third Amendment, to make full and complete attornment to Landlord, as lessor, pursuant to a written agreement executed by Landlord and Specialty Laboratories, so as to establish direct privity of contract between Landlord and Specialty Laboratories with the same force and effect as though the Sublease was originally made directly between Landlord and Specialty Laboratories, (vii) Specialty Laboratories must be, as of the "Final Notice Date," as that term is defined in Section 4.2.88.2.3, below, pursuant to Section 4.6 financially capable ("Financially Capable") of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, performing the obligations of the Tenant with respect to Suite 500 for the remaining portion of the Suite 500 Term, and (viii) Landlord shall not be required to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred brokerage commissions in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this LeaseRecognition.

Appears in 1 contract

Samples: Lease (Specialty Laboratories)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.10 and 4.2.2 of this Lease, respectively, which are in excess of the amount of Building Direct Expenses applicable to the “Base Year,” as that term is defined in Section 4.2.1 of this Lease, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.84.2.9, below, pursuant to Section 4.6 of this Lease; provided, however, that in no event shall any decrease in Building Direct Expenses for any “Expense Year,” as that term is defined in Section 4.2.6 of this Lease, below Building Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Office Lease (Akero Therapeutics, Inc.)

General Terms. Certificates, evidencing required coverage under Exhibit C for contractors, along with copies of additional insured endorsement (providing additional insured status for ongoing and completed operations coverage) on the general liability policy are required. Waiver of subrogation by form of endorsement on the builders risk and workers compensation policies shall also be required in favor of Landlord. All insurance carried pursuant to this Section 4.2.2.4 shall be confirmed via certificate of insurance and applicable endorsements to Landlord before the commencement of on-site construction of the Tenant Improvements and before the Contractor's equipment is moved onto the site. Tenant or Tenant's Agents will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance that falls below the minimum insurance requirements within this Section 4.2.2.4. In addition to paying the Base Rent specified in Article 3 event that the Tenant Improvements are damaged by any cause during the course of this Leasethe construction thereof, Tenant shall pay (i) “immediately repair the same at Tenant’s Share” 's sole cost and expense. Tenant's Agents shall maintain all of the annual “Building Direct Expenses,” insurance coverage required under this Exhibit A and Exhibit C in force until the Tenant Improvements are fully completed and accepted by Landlord, except, notwithstanding anything to the contrary on Exhibit C, for Tenant's Agents' Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for a period equal to or greater than the applicable statute of repose for completed operations. General liability policies required under this Section 4.2.2.4 by Tenant and Tenant's Agents shall name Landlord and Tenant, as those terms are defined in Sections 4.2.9 and 4.2.2 of this Leasetheir interests may appear, respectively, and (ii) as additional insureds. All insurance maintained by Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such payments waiver of subrogation shall apply to the extent of any deductibles, self-insured retentions or self-insurance maintained by Tenant, together with any Tenant’s Agents and all other amounts payable by Tenant to Landlord pursuant to the terms contractors. Such insurance required of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent Tenant's Agents shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, provide that it is primary insurance as respects the intent of the parties hereto owner and that the Base Rent provided to be paid any other insurance maintained by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any owner is excess and all expenses incurred in connection noncontributing with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, insurance required hereunder. The general or special license fees, liability insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in required within this Leaseprovision will include contractual liability coverage.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Pacira Pharmaceuticals, Inc.)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “"Tenant’s 's Share" of the annual “Building "Direct Expenses," as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of “Capital Expensesthe amount of Direct Expenses applicable to the "Base Year," as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to Section 4.6 of any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” "ADDITIONAL RENT", and the Base Rent and the Additional Rent are herein collectively referred to as “Rent"RENT." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term but shall be payable only for periods included within the Lease Term. Landlord may upon expiration Notwithstanding the foregoing, other than Tax Expenses and costs incurred for utilities (the "EXCLUDED EXPENSES"), Tenant shall not be responsible for Tenant's Share of any Direct Expenses which are first billed to Tenant more than two (2) calendar years after the end of the Lease Term deliver Expense Year to which such Direct Expenses relate, provided that Tenant shall be responsible for Excluded Expenses first billed to Tenant an estimate more than two (2) calendar years after the end of any Base Rentthe Expense Year to which such Excluded Expenses relate only to the extent that Landlord becomes aware of such increased Excluded Expenses following such two (2) year period due to governmental revision, Additional Rent supplementation or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent governmental action which results in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent adjustment of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this LeaseExcluded Expenses.

Appears in 1 contract

Samples: Office Lease (Equity Marketing Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) "Tenant’s 's Share" of the annual "Building Direct Expenses," as those terms are defined in Sections 4.2.9 4.2.1 0 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of “Capital Expensesthe amount of Building Direct Expenses applicable to the "Base Year," as that term is defined in Section 4.2.84.2.1 of this Lease, and (ii) Tenant's Share of "Capital Expenses," as that term is defined in Section 4.2.9, below, pursuant to Section 4.6 of this Lease; provided, however, that in no event shall any decrease in Building Direct Expenses for any "Expense Year," as that term is defined in Section 4.2.6 of this Lease, below Building Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the "Additional Rent," and the Base Rent and the Additional Rent are herein collectively referred to as "Rent." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise other-wise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Office Lease (Atlantic Acquisition Inc.)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) "Tenant’s 's Share" of the annual "Building Direct Expenses," as those terms are defined in Sections 4.2.9 4.2.10 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of “Capital Expensesthe amount of Building Direct Expenses applicable to the "Base Year," as that term is defined in Section 4.2.84.2.1 of this Lease, and (ii) Tenant's Share of "Capital Expenses," as that term is defined in Section 4.2.9, below, pursuant to Section 4.6 of this Lease; provided, however, that in no event shall any decrease in Building Direct Expenses for any "Expense Year," as that term is defined in Section 4.2.6 of this Lease, below Building Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease. Such payments by TenantXxxxxx, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the "Additional Rent," and the Base Rent and the Additional Rent are herein collectively referred to as "Rent." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Office Lease (Atara Biotherapeutics, Inc.)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.8 and 4.2.2 4.2.1 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, but subject to the express terms and conditions contained in this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded or otherwise provided herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease. Landlord and Tenant hereby acknowledge and agree that Operating Expenses shall not include those Operating Expenses that are expressly attributable solely to another building other than the Building that is a part of the Project (for example, the cost of repairs to a building system servicing the interior of any such other building shall not be included in Operating Expenses hereunder).

Appears in 1 contract

Samples: Office Lease (NeuroPace Inc)

General Terms. Certificated for all insurance carried pursuant to this Section shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment is moved onto the site. Such policies (or the certificate thereof) shall contain an undertaking by insurer to the effect that should any of the above described policies be cancelled before the expiration date thereof, the insurer affording coverage will endeavor to mail 30 days written notice to the certificate holder named therein, but failure to do so shall impose no obligation or liability of any kind. Additionally, if reasonably available, Tenant’s policy shall contain an endorsement providing that no cancellation or reduction in coverage shall be effective until thirty (30) days after written notice to Landlord and Landlord’s lender. In addition to paying the Base Rent specified in Article 3 event that the Tenant Improvements are damaged by any cause during the course of this Leasethe construction thereof, Tenant shall pay (i) “immediately repair the same at Tenant’s Share” sole cost and expense. Tenant’s Construction Agents shall maintain all of the annual “Building Direct Expenses,” foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section shall insure Landlord and Tenant, as those terms are defined in Sections 4.2.9 and 4.2.2 of this Leasetheir interest may appear, respectively, and (ii) as well as Tenant’s Share Construction Agents. All insurance, except Worker’s Compensation, maintained Halozyme, Inc. First Amendment to Standard Industrial Net Lease Page 6 of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease8 by Tenant’s hereunder. Such payments insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Tenant, together Landlord is excess and noncontributing with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Terminsurance required hereunder. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rentmay, Additional Rent or other obligations outstandingin its discretion, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. obtain a lien and completion bond or some alternate form or security satisfactory to Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting an amount sufficient to ensure the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent lien-free completion of the parties hereto that the Base Rent provided to be paid by Tenant to Improvements and naming Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leasea co-obligee.

Appears in 1 contract

Samples: Industrial Net Lease (Halozyme Therapeutics Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 4.2.2, respectively, of this Lease, respectively, and (ii) Tenant’s Share which are in excess of the amount of Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to Section 4.6 of any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms TCCs of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent; provided, however, the parties hereby acknowledge that the first monthly installment of Tenant’s Share of any “Estimated Excess” (as that term is set forth in, and pursuant to the terms and conditions of, Section 4.4.2, below), shall first be due and payable for the calendar month occurring immediately following the expiration of the Base Year. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Office Lease (SERVICE-NOW.COM)

General Terms. In addition to paying the Base Rent specified in ------------- Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” "TENANT'S SHARE" of the annual “Building Direct Expenses"DIRECT EXPENSES," as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms TCC's of this Lease, are hereinafter collectively referred to as the “Additional Rent,” "ADDITIONAL RENT", and the Base Rent and the Additional Rent are herein collectively referred to as “Rent"RENT." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” "Triple Net" Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions TCC's of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, and any and all expenses incurred in connection with the Premises, the Building and a pro-rata portion of the ProjectCommon Areas, or in connection with the operations thereof, including include any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building Premise and the ProjectProject and all buildings, structures, permanent fixtures and other improvements comprised therein, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Lease (Diversa Corp)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of the amount of Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to Section 4.6 of any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” ”, and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant and Landlord which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in attributable to the period of time prior to the Lease Expiration Date, as may be extended pursuant to the terms of Section 2.2 of this Article 4 Lease, or earlier termination of this Lease, and Landlord’s obligation to refund to Tenant any overpayments of such Additional Rent, shall survive the expiration of the Lease Term. Landlord may upon Notwithstanding anything to the contrary contained herein, Tenant shall not be required to pay Tenant’s Share of increases in Direct Expenses over the Direct Expenses for the Base Year until expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this LeaseYear.

Appears in 1 contract

Samples: Office Lease (Internet Brands, Inc.)

General Terms. Certificates for all insurance carried pursuant to this Section 4.2.2(d) shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any material reduction in the amounts of such insurance. In addition to paying the Base Rent specified in Article 3 event that the Tenant Improvements are damaged by any cause during the course of this Leasethe construction thereof, Tenant shall pay (i) “Tenant’s Share” of immediately repair the annual “Building Direct Expenses,” as those terms are defined same at no cost to Landlord, unless the Lease is terminated by either party hereto in Sections 4.2.9 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together accordance with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Paragraph 19 of the Lease, in which event Tenant shall have no such repair obligation (provided that the same shall in no event have any effect on Landlord’s right to receive the proceeds from the Builder’s Risk Insurance). Tenant’s Contractor, the Design-Build Subcontractors and other subcontractors shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are hereinafter collectively referred fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to as be maintained for ten (10) years following completion of the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” work. All amounts due policies carried under this Article 4 Section 4.2.2(d) shall insure Landlord and Tenant, as Additional Rent their interests may appear, as well as Contractor and Tenant’s Agents, and without limiting the foregoing, Tenant shall cause Landlord to be payable for an additional named insured and loss payee on the same periods Builder’s Risk insurance (subject to Tenant’s rights to the insurance proceeds to make the repairs as required above, and Tenant’s rights to amounts that exceed the Tenant Improvement Allowance in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of event that the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may is terminated by either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent party hereto in accordance with Section 4.4, belowthe terms of Paragraph 19 of the Lease). Landlord and Tenant understand and agree that this Lease is a “triple net” LeaseAll property insurance maintained by Tenant’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, Such insurance shall provide that it is primary insurance and that any other insurance maintained by Landlord is excess and noncontributing with the intent insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of the parties hereto that the Base Rent provided to be paid Landlord by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs under Section 4.2.2(b) of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by this Tenant in addition to the Base Rent specified in this LeaseImprovement Agreement.

Appears in 1 contract

Samples: Lease (Harmonic Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “"Tenant’s 's Share" of the annual “Building "Direct Expenses," as those terms are defined in Sections 4.2.9 4.2.6 and 4.2.2 of this Lease4.2.2, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms TCCs of this Lease, are hereinafter collectively referred to as the "Additional Rent," and the Base Rent and the Additional Rent are herein collectively referred to as "Rent." All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent accruing during the Lease Term provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” "Triple Net" Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions TCCs of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, and any and all expenses incurred in connection with the Premises, the Building and an applicable portion of the ProjectCommon Areas, or in connection with the operations thereof, including include any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building Premise and the ProjectProject and all buildings, structures, permanent fixtures and other improvements comprised therein, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease, except as otherwise specifically set forth herein.

Appears in 1 contract

Samples: Center Office Lease (Farville Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, for each Portion of the Premises Tenant shall pay (i) “Tenant’s Share” of the annual “Building Office Pool Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.9, and 4.2.2 4.3.1 of this Lease, respectivelyas applicable, and (ii) Tenant’s Share which are in excess of the amount of Building Office Pool Direct Expenses or Building Retail Pool Direct Expenses applicable to the Capital ExpensesBase Year,” as that term is defined in Section 4.2.84.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to Section 4.6 of any decrease in Base Rent or any credit against sums due under this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent; provided, however, the parties hereby acknowledge that the first monthly installment of Tenant’s Share of any “Estimated Excess,” as that term is set forth in, and pursuant to the terms and conditions of, Section 4.4.2 of this Lease, shall first be due and payable for the calendar month occurring immediately following the expiration of the Base Year. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Service Agreement (Twilio Inc)

General Terms. Certificates for all insurance carried pursuant to this Section 3.2.1.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In addition the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant’s sole cost and expense. Tenant’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to paying be maintained for ten (10) years following completion of the Base Rent specified in Article 3 Work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.1.4 shall insure Landlord and Tenant, as their interests may appear, as well as Contractor and Tenant’s Agents. All insurance, except Workers’ Compensation, maintained by Tenant’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the owner and that any other insurance maintained by owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.1.2 of this Tenant Work Letter. Consistent with Section 6.05(a) of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined Landlord may, in Sections 4.2.9 and 4.2.2 of this Leaseits discretion, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. obtain a lien and completion bond or some alternate form of security satisfactory to Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting an amount sufficient to ensure the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent lien-free completion of the parties hereto that the Base Rent provided to be paid by Tenant to Improvements, and naming Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leasea co-obligee.

Appears in 1 contract

Samples: Nondisturbance and Attornment Agreement (Switch, Inc.)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 4.2.8 and 4.2.2 4.2.1 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded hereinherein (including all express obligations of Landlord set out in this Lease), any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Lease.

Appears in 1 contract

Samples: Office Lease (COUPONS.com Inc)

General Terms. In addition to paying the Base Rent specified in Article 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” of the annual “Building Direct Expenses,” as those terms are defined in Sections 4.2.9 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8, below, pursuant to Section 4.6 of this Lease. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant Subject to the terms and conditions of this LeaseAgreement, are from the Closing Date and until the Maturity Date, Lender agrees to make available to Borrower the credit facility or facilities hereinafter collectively referred to as provided for (collectively, the “Additional Rent,Credit Facilitiesand the Base Rent and the Additional Rent are or individually a “Credit Facility”; if there is only one credit facility provided for hereunder, then all references herein collectively referred to as Rent.Credit FacilitiesAll amounts due under this Article 4 as Additional Rent shall be payable interpreted to refer to such sole credit facility). At Closing, Borrower shall execute and deliver to Lender the Notes evidencing Borrower’s unconditional obligation to repay Lender for the same periods all advances and other extensions of credit made under or in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration respect of the Lease TermCredit Facilities, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Term. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent the order of Lender in accordance with Section 4.4, belowthe terms in this Agreement and the Notes. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting The Notes shall bear interest on the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent outstanding principal balance of the parties hereto Notes from the date of the Notes until repaid, at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to the Applicable Base Rate, provided that after the Base Rent provided occurrence and during the continuance of an Event of Default such rate may, in Lender’s discretion, be increased to be paid the Default Rate. Each determination by Tenant to Landlord Lender of an interest rate hereunder shall be net conclusive and binding for all purposes, absent manifest error. In the event that Lender has the right to Landlorddeclare an Event of Default hereunder, andbut elects not to do so, except as specifically excluded hereinLender will be entitled, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to exercising any other rights and remedies available to it hereunder, to assess a non-compliance fee which shall operate to increase the Applicable Base Rent specified in Rate by two percent (2%) per annum during the continuance of such Event of Default. The non-compliance fee will not be assessed if the Default Rate is being charged hereunder. Each advance and other extension of credit hereunder shall be deemed evidenced by the Notes, which are deemed incorporated into and made a part of this LeaseAgreement by this reference.

Appears in 1 contract

Samples: Loan Agreement (Tandem Health Care, Inc.)

General Terms. In addition to paying the Base Rent specified in Article ARTICLE 3 of this Lease, Tenant shall pay (i) “Tenant’s Share” "TENANT'S SHARE" of the annual “Building Direct Expenses"DIRECT EXPENSES," as those terms are defined in Sections 4.2.9 SECTIONS 4.2.6 and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share which are in excess of “Capital Expensesthe amount of Direct Expenses applicable to the "Base Year," as that term is defined in Section 4.2.8SECTION 4.2.1, below; provided, pursuant however, that in no event shall any decrease in Direct Expenses for any Expense Year below Direct Expenses for the Base Year entitle Tenant to any decrease in Base Rent or any credit against sums due under this Lease. In addition to the foregoing obligations, Tenant shall also pay "TENANT'S ELECTRICITY COST," as defined in Section 4.6 4.7 of this Lease, separately from any increases in Direct Expenses. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms TCCs of this Lease, are hereinafter collectively referred to as the “Additional Rent"ADDITIONAL RENT," and the Base Rent and the Additional Rent are herein collectively referred to as “Rent"RENT." All amounts due under this Article ARTICLE 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the The obligations of Tenant to pay the Additional Rent provided for in this Article ARTICLE 4 shall survive the expiration or earlier termination of the Lease Term. for such period of time as is required to reconcile the Estimated Excess and Overpayment Amount of Direct Expenses pursuant to SECTION 4.4.1 hereof; provided, however, that any other contingent or unliquidated contractual claims of Landlord may upon expiration of or Tenant (e.g., indemnity) shall survive the Lease Term deliver to Tenant an estimate of any Base Rent, Additional Rent or other obligations outstanding, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that earlier termination of this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting the generality only for so long as any applicable statute of any other terms, covenants, conditions or provisions of this Lease, that it is the intent of the parties hereto that the Base Rent provided to be paid by Tenant to Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leaselimitations would permit such actions under Massachusetts law.

Appears in 1 contract

Samples: Office Lease (3com Corp)

General Terms. Certificates for all insurance carried pursuant to this Section 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment is moved onto the site. If commercially available, all such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance (and in any event Tenant shall promptly notify Landlord of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance). In addition to paying the Base Rent specified in Article 3 event that the Tenant Improvements are damaged by any cause during the course of this Leasethe construction thereof, Tenant shall pay (i) “immediately repair the same at Tenant’s Share” sole cost and expense. Tenant’s Agents shall maintain all of the annual “Building Direct Expenses,” foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 4.2.2.4 shall insure Landlord and Tenant, as those terms are defined in Sections 4.2.9 their interests may appear, as well as Contractor and 4.2.2 of this Lease, respectively, and (ii) Tenant’s Share of “Capital Expenses,” as that term is defined in Section 4.2.8Agents. All insurance, belowexcept Workers’ Compensation, pursuant to Section 4.6 of this Leasemaintained by Tenant’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such payments insurance shall provide that it is primary insurance as respects the owner and that any other insurance maintained by Tenantowner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for EXHIBIT B -14- 000 XXXXXXXX XXXXXX [Airbnb, together with any and all other amounts payable Inc.] indemnification of Landlord by Tenant to and Tenant by Landlord pursuant under the Lease or this Tenant Work Letter and each party’s rights with respect to the terms waiver of this Lease, are hereinafter collectively referred to as the “Additional Rent,” and the Base Rent and the Additional Rent are herein collectively referred to as “Rent.” All amounts due under this Article 4 as Additional Rent shall be payable for the same periods and in the same manner as the Base Rent. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay the Additional Rent provided for in this Article 4 shall survive the expiration of the Lease Termsubrogation. Landlord may upon expiration of the Lease Term deliver to Tenant an estimate of any Base Rentmay, Additional Rent or other obligations outstandingin its discretion, and Landlord may either deduct such amount from any funds otherwise payable to Tenant upon expiration or require Tenant to pay such funds immediately. obtain a lien and completion bond or some alternate form of security satisfactory to Landlord shall make necessary adjustments for differences between actual and estimated Additional Rent in accordance with Section 4.4, below. Landlord and Tenant understand and agree that this Lease is a “triple net” Lease. Tenant recognizes and acknowledges, without limiting an amount sufficient to ensure the generality of any other terms, covenants, conditions or provisions of this Lease, that it is the intent lien-free completion of the parties hereto that the Base Rent provided to be paid by Tenant to Improvements and naming Landlord shall be net to Landlord, and, except as specifically excluded herein, any and all expenses incurred in connection with the Premises, the Building and the Project, or in connection with the operations thereof, including any and all taxes, assessments, general or special license fees, insurance premiums, public utility bills and costs of repair, maintenance and operation of the Premises, the Building and the Project, together with the appurtenances thereto, shall be paid by Tenant in addition to the Base Rent specified in this Leasea co-obligee.

Appears in 1 contract

Samples: Office Lease (Airbnb, Inc.)

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