Common use of Leased Premises Clause in Contracts

Leased Premises. In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Rental Term and upon the terms and conditions herein set forth, the Leased Premises described in Section 1.01 (I), located in the office building referred to in Section 1.01(H) (“Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In addition, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building and the Project, except that with respect to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S).

Appears in 3 contracts

Samples: Lease (TGPX Holdings I LLC), Lease (TGPX Holdings I LLC), Lease (Traeger, Inc.)

AutoNDA by SimpleDocs

Leased Premises. In consideration for Subject to and upon the rent to be paid and covenants to be performed by Tenantterms hereinafter set forth, Landlord does hereby leases lease and demise to Tenant, and Tenant leases does hereby lease and take from Landlord for the Rental Term and upon the terms and conditions herein set forthLandlord, the Leased Premises. The initial Leased Premises are described in Section 1.01 (I), located Exhibit A hereto and in the office building referred Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 1.01(H2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (“Building”). The legal description for the property i) on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In additionan exclusive basis, the percentage set forth in Section 1.01(I) is dedicated Parking Areas, if any, identified on the portion of Lease Supplements and the gross rentable area attributable to Tenant’s proportionate share of common hallwayselevator lobbies, corridors, restrooms, etc. telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Building. The exterior walls Property, and roof their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises and by Tenant for the areas beneath the Leased Premises are not demised hereunder and the use thereof together with purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to installuse any non-exclusive easements and/or licenses in, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building about or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord appurtenant to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rightsProperty, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to including the non-exclusive useright to use any walkways, in common tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with others respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of such unreserved automobile parking spaces, driveways, footwaysthe Building, and other facilities designated for common use within portions of the Building and Property located outside of the ProjectLeased Premises, except that with respect pursuant to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S3.5 hereof).

Appears in 3 contracts

Samples: Master Lease Agreement (KBS Real Estate Investment Trust, Inc.), Master Lease Agreement (Gramercy Capital Corp), Master Lease Agreement (Gramercy Capital Corp)

Leased Premises. In consideration for Subject to and upon the rent to be paid and covenants to be performed by Tenantterms hereinafter set forth, Landlord does hereby leases lease and demise to Tenant, and Tenant leases does hereby lease and take from Landlord for the Rental Term and upon the terms and conditions herein set forthLandlord, the Leased Premises. The initial Leased Premises are described in Section 1.01 (I), located Exhibit A hereto and in the office building referred Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 1.01(H2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (“Building”). The legal description for the property i) on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In additionan exclusive basis, the percentage set forth in Section 1.01(I) is dedicated Parking Areas, if any, identified on the portion of Lease Supplements and the gross rentable area attributable to Tenant’s proportionate share of common hallwayselevator lobbies, corridors, restrooms, etc. telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Building. The exterior walls Property, and roof their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises and by Tenant for the areas beneath the Leased Premises are not demised hereunder and the use thereof together with purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to installuse any non-exclusive easements and/or licenses in, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building about or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord appurtenant to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rightsProject, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to including the non-exclusive useright to use any walkways, in common tunnels, and skywalks connected to the Project; and (c) all other rights and benefits provided to Tenant with others respect to the Project pursuant to this Lease (including the rights granted to Tenant to use the roof of such unreserved automobile parking spaces, driveways, footwaysthe Building, and other facilities designated for common use within portions of the Building and Project located outside of the ProjectLeased Premises, except that with respect pursuant to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S3.5 hereof).

Appears in 3 contracts

Samples: Master Lease Agreement (Gramercy Capital Corp), Master Lease Agreement (Gramercy Capital Corp), Master Lease Agreement (American Financial Realty Trust)

Leased Premises. In consideration for Subject to and upon the rent to be paid and covenants to be performed by Tenantterms hereinafter set forth, Landlord does hereby leases lease and demise to Tenant, and Tenant leases does hereby lease and take from Landlord for the Rental Term and upon the terms and conditions herein set forthLandlord, the Leased Premises described in Section 1.01 Premises. Tenant shall be entitled to the following as appurtenances to the Leased Premises: (I) the right to use, and permit Tenant Parties and/or the customers, invitees and guests of Tenant or any Tenant Parties, to use, (a) on an exclusive basis, the Tenant-Dedicated Parking Areas and (b) on a non- ________________________________________________________________________________________________________________________ exclusive basis (in common with Landlord and other tenants or occupants of the Property, their customers, invitees and guests), located in the office building referred to in Section 1.01(HNon-Dedicated Parking Areas and all the other Common Areas; (II) (“Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In additionall rights and benefits appurtenant to, or necessary or incidental to, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls use and roof enjoyment of the Leased Premises and by Tenant for the areas beneath the Leased Premises are not demised hereunder and the use thereof together with purposes permitted by Section 1.5 hereof, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to installuse any non-exclusive easements and/or licenses in, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building about or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord appurtenant to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rightsProperty, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to including the non-exclusive useright to use any walkways, in common tunnels, and skywalks connected to the Property; and (III) all other rights and benefits provided to Tenant with others respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of such unreserved automobile parking spaces, driveways, footwaysthe Building, and other facilities designated for common use within portions of the Building and Property located outside of the ProjectPremises, except that with respect pursuant to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S3.5 hereof).

Appears in 2 contracts

Samples: And Attornment Agreement (KBS Real Estate Investment Trust, Inc.), And Attornment Agreement (KBS Real Estate Investment Trust, Inc.)

Leased Premises. In consideration for Subject to and upon the rent to be paid and covenants to be performed by Tenantterms hereinafter set forth, Landlord does hereby leases lease and demise to Tenant, and Tenant leases does hereby lease and take from Landlord for the Rental Term and upon the terms and conditions herein set forthLandlord, the Leased Premises described in Section 1.01 Premises. Tenant shall be entitled to the following as appurtenances to the Leased Premises: (I) the right to use, and permit Tenant Parties and/or the customers, invitees and guests of Tenant or any Tenant Parties, to use, (a) on an exclusive basis, the Tenant-Dedicated Parking Areas and (b) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, their customers, invitees and guests), located in the office building referred to in Section 1.01(HNon-Dedicated Parking Areas and all the other Common Areas; (II) (“Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In additionall rights and benefits appurtenant to, or necessary or incidental to, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls use and roof enjoyment of the Leased Premises and by Tenant for the areas beneath the Leased Premises are not demised hereunder and the use thereof together with purposes permitted by Section 1.5 hereof, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to installuse any non-exclusive easements and/or licenses in, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building about or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord appurtenant to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rightsProperty, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to including the non-exclusive useright to use any walkways, in common tunnels, and skywalks connected to the Property; and (III) all other rights and benefits provided to Tenant with others respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of such unreserved automobile parking spaces, driveways, footwaysthe Building, and other facilities designated for common use within portions of the Building and Property located outside of the ProjectPremises, except that with respect pursuant to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S3.5 hereof).

Appears in 2 contracts

Samples: And Attornment Agreement (Gramercy Capital Corp), Lease Agreement (Gramercy Capital Corp)

Leased Premises. In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Rental Term and upon the terms and conditions herein set forth, the Leased Premises described in Section 1.01 (I), located in the office building referred to in Section 1.01(H) (“Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In addition, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through During the twenty business days following the execution of this Agreement, an advisory Facilities Transition Committee composed of representatives appointed by Sellers and Sellers' Affiliates and by Purchaser will collaboratively review the office locations, staffing and leases for the Leased Premises Properties set forth on Schedule 6.15(a) and 6.15(c) (the "Scheduled Facilities") and prepare a mutually acceptable draft Facilities Plan for the Business to become effective as may be reasonably necessary to enable access by Landlord to the balance of the Building and reserved areas and Closing Date. The draft Facilities Plan will contain the following elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building and the Project, except that with respect to noneach of the Scheduled Facilities: (i) the estimated number of Business Employees (and, after the Service Date, the estimated number of Transferred Employees) to be sited at each of the geographical locations at which there is a Scheduled Facility (the "Locations"), (ii) the estimated cost of providing physical separation of the Business Employees (and, after the Service Date, the Transferred Employees) from any co-exclusive areaslocated employees of Sellers, Tenant and a recommendation as to the feasibility and usefulness of physical separation, (iii) the lease expiration date, the square footage currently occupied by the Business Employees, and such other information about the lease as the Facilities Transition Committee may determine to include, (iv) the estimated date upon which Purchaser shall cause its employees vacate the Scheduled Facility, (v) a review of the advantages and disadvantages to park their cars only Sellers and Sellers' Affiliates and to Purchaser of the continued occupancy of the Scheduled Facility or relocation of the Business Employees within a brief period after the Closing Date to another property within the Location, whether provided by Seller and Sellers' Affiliates or by Purchaser, including the cost of such a relocation and the likely term of occupancy of the alternate location, (vi) a recommendation, with associated costs to Sellers and Sellers' Affiliates and to Purchaser, with respect to the continued housing of the Business Employees at the Location (whether in areas specifically designated from time the Scheduled Facilities or alternate facilities mutually acceptable to time by Landlord for that purpose the Sellers and Sellers' Affiliates and to Purchaser), and (vii) such other information and recommendations as the Facilities Transition Committee may determine to include in the draft Facilities Plan. Within ten business days of delivery, Sellers and Sellers' Affiliates and Purchaser shall actively police employees to keep them from parking either (i) approve the Facilities Plan, in “visitor” whole or other restricted parking areas. Tenant shall have in part, with or without modifications, or (ii) reject the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S)Facilities Plan or parts thereof.

Appears in 1 contract

Samples: Asset Purchase and Investment Agreement (Cna Financial Corp)

Leased Premises. In consideration Leased Premises (a) Landlord does hereby demise and lease to Tenant and Tenant does hereby rent and lease from Landlord the Leased Premises (excluding the roof and the exterior surfaces of the exterior walls thereof) for the rent Term, subject to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Rental Term and upon all of the terms and conditions herein of this Lease. License to Use Common Areas and Facilities (b) During the Term, Tenant and its employees and invitees, shall have the non-exclusive right, in common with other tenants, occupants and users of the Property, to use the Common Areas and Facilities (as defined below) of the Property. Tenant acknowledges and agrees that the non-exclusive use right granted to Tenant and its employees and invitees in and to the Common Areas and Facilities is being granted subject to all of the terms, conditions and restrictions set forthforth in this Lease. As used in this Lease, “Common Areas and Facilities” mean those areas and facilities which may be designated by Landlord from time to time in or about the Leased Premises described in Section 1.01 (I), located in the office building referred to in Section 1.01(H) (“Building”). The legal description Property for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior general use in common by all tenants, occupants and users of the perimeter walls of the Building to the center of the interior wallsProperty and shall include, without limitation, driveways, truckways, entrances, lobbies, exits, loading docks, pedestrian sidewalks, ramps, exterior (and interior) stairways, elevators, parking areas, landscaped areas, and lighting facilities. In addition, although the percentage roof of the Building is not literally part of the Common Areas and Facilities available for use by all tenants, occupants and users of the Property, it will be deemed to be so included for purposes of Landlord’s ability to prescribe rules and regulations regarding same and its inclusion for purposes of Operating Costs (as defined in Schedule “D” attached hereto) reimbursements. Notwithstanding anything herein to the contrary, Tenant shall not utilize any parking spaces other than the unreserved Permitted Number of Parking Spaces, and such use shall be on an unassigned, “first come-first served” basis during the Term, except that Tenant shall have two reserved parking spaces as set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etcBasic Lease Information Rider. Tenant and its employees and invitees shall not park in the Buildingany spaces reserved for another tenant and clearly marked for reserved use. The exterior walls Landlord has and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof together with reserves the right to install, maintain, use, repair, alter the methods used to control parking and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises establish such controls and rules and regulations (such as parking stickers to monitor use of utilitiesbe affixed to vehicles) regarding parking that Landlord may deem desirable. In exercising such rightsWithout liability, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees will have the right to tow or otherwise remove vehicles improperly parked, blocking ingress or egress lanes, or violating parking rules, at the non-exclusive useexpense of the offending tenant and/or owner of the vehicle. Tenant’s right to use the parking facilities pursuant to this Lease are subject to the following conditions: (i) Landlord has no obligation to provide a parking attendant and Landlord shall have no liability on account of any loss or damage to any vehicle or the contents thereof, in common with others Tenant hereby agreeing to bear the risk of such unreserved automobile parking spaces, driveways, footways, loss for same; and other facilities designated for common use within the Building (ii) if and the Project, except that with respect to non-exclusive areaswhen so requested by Landlord, Tenant shall cause furnish Landlord with the license plate numbers of any vehicles of Tenant and its employees and invitees using the parking facilities. Notwithstanding anything to park their cars only in areas specifically designated from time the contrary herein, Landlord shall not be entitled to time by charge any additional fees for any parking at the Building during the initial Term of this Lease. Relocation of Leased Premises (c) Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option right at any time upon one hundred twenty (120) days’ written notice (the “Notice of Relocation”) to utilize relocate the adjacent parking structure Tenant to other premises in accordance with the provisions Building (the “Relocated Premises”) and the following terms and conditions shall be applicable: (i) within thirty (30) days after Tenant’s receipt of Section 1.01(S).a Notice of Relocation, Tenant may terminate this Lease without penalty effective on or before the proposed relocation date by providing Landlord written notice of such early termination and Tenant must vacate the Premises on or before ninety (90) days from the date of the Notice of Relocation; (ii) prior to commencing the relocation move, Landlord must obtain Tenant’s written consent to the Relocated Premises, such consent not to be unreasonably withheld, wherein a failure to reach agreement on the Relocated Premises, each party being reasonable and acting in good faith, may result in early termination as provided in paragraph (i) above; (iii) the Relocated Premises shall contain approximately the same as, or greater Rentable Area than, the Leased Premises;

Appears in 1 contract

Samples: Lease (Olb Group, Inc.)

Leased Premises. In consideration for 1.1 The Leased Premises shall consist of (a) the rent Kamine Premises, (b) the Advance Premises, the Sprint Premises, the SAS Premises and the Storage Space (together with the Kamine Premises, sometimes collectively referred to be paid herein as the "Entire Leased Premises"), as, if and covenants to be performed by Tenant, Landlord hereby leases when such portions of the Leased Premises are delivered to Tenant, (c) together in common with and Tenant leases subject to the existing rights and those other rights granted from time to time by Landlord for to others, the Rental Term non-exclusive right to use the Common Areas (hereinafter defined) and upon (d) together in common with other tenants of Landlord, all easements, appurtenances, hereditaments, fixtures and rights and privileges appurtenant thereto including, without limitation, those set forth in the terms and conditions Master Deed. Notwithstanding anything herein set forthto the contrary, the Leased Premises described in Section 1.01 (I)does not include, located in the office building referred to in Section 1.01(H) (“Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In additionand Landlord excludes therefrom, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls and roof of the Building, as well as the land beneath the Building. Upon the delivery, if ever, of the Entire Leased Premises to Tenant and for so long as Tenant leases the areas beneath Entire Leased Premises, Area A and Area B (each as hereinafter defined) shall be deemed to be a part of the Leased Premises are not demised hereunder and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIIIand, Tenant and its customers, agents and invitees shall have the right to modify the non-exclusive useexisting use of Area A and Area B, in common so long as (i) such modifications comply with others all Governmental Requirements and the provisions of such unreserved automobile parking spaces, driveways, footwaysParagraph 19 herein, and other facilities designated for common use within do not result in such areas being deemed permanently occupied or tenanted (e.g. no employees of Tenant may permanently occupy such space), and (ii) at Landlord's sole option, Tenant, at its sole cost and expense, returns Area A and Area B to substantially the Building and same condition as they are in on the Projectdate of this Lease, except that with respect prior to non-exclusive areasthe earliest of the following: (x) the Expiration Date, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure (y) any termination of this Lease in accordance with the provisions terms hereof or (z) the date on which any portion of Section 1.01(S).the Entire Leased Premises is no longer leased by

Appears in 1 contract

Samples: Agreement (KMC Telecom Holdings Inc)

Leased Premises. In consideration for Subject to and upon the rent to be paid and covenants to be performed by Tenantterms hereinafter set forth, Landlord does hereby leases lease and demise to Tenant, and Tenant leases does hereby lease and take from Landlord for the Rental Term and upon the terms and conditions herein set forthLandlord, the Leased Premises. The initial Leased Premises are described in Section 1.01 (I)Exhibit A hereto. Tenant shall be entitled to the following as appurtenances to the Leased Premises, located in the office building referred all at no cost to Tenant, other than as provided in Section 1.01(H2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (“Building”). The legal description for the property i) on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In additionan exclusive basis, the percentage set forth in Section 1.01(I) is dedicated Parking Areas, if any, identified on the portion of Exhibit A and the gross rentable area attributable to Tenant’s proportionate share of common hallwayselevator lobbies, corridors, restrooms, etc. telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Building. The exterior walls Property, and roof their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises and by Tenant for the areas beneath the Leased Premises are not demised hereunder and the use thereof together with purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to installuse any non-exclusive easements and/or licenses in, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building about or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord appurtenant to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rightsProperty, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to including the non-exclusive useright to use any walkways, in common tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with others respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of such unreserved automobile parking spaces, driveways, footwaysthe Building, and other facilities designated for common use within portions of the Building and Property located outside of the ProjectLeased Premises, except that with respect pursuant to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S3.5 hereof).

Appears in 1 contract

Samples: Master Lease Agreement (KBS Real Estate Investment Trust, Inc.)

Leased Premises. In consideration for the rent to be paid Landlord demises and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases rents from Landlord for the Rental Term and upon the terms and conditions herein set forthLandlord, the Leased Premises real property described in Section 1.01 on Exhibit “A” attached hereto and incorporated herein and existing improvements thereon (Isaid real property and the buildings and improvements located thereon from time to time herein called the “Property”), located in Saraland, Alabama; any additions to the office building referred Property, any loading docks and all other appurtenances to in Section 1.01(H) (“Building”). The legal description the Property, all parking lots, public walkways, aisles and driveways for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are ingress and egress to said improvements and parking areas and to and from the exterior of streets and highways, the storm water retention basin, if any, all landscaping, all utility lines and sewers to the perimeter walls of the Building to the center of the interior walls. In additionProperty or servicing such improvements, and existing signage, if any (collectively, the percentage set forth in Section 1.01(I“Leased Premises”), IN ITS “AS IS” CONDITION, SUBJECT TO THE EXISTING STATE OF TITLE (WITHOUT EXPRESS OR IMPLIED WARRANTY OF LANDLORD WITH RESPECT TO THE CONDITION, QUALITY, REPAIR OR FITNESS OF THE LEASED PREMISES FOR A PARTICULAR USE OR TITLE THERETO, ALL SUCH WARRANTIES BEING HEREBY WAIVED AND RENOUNCED BY TENANT), AND THE MINIMUM RENT (AS HEREINAFTER DEFINED) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallwaysAND ALL OTHER SUMS PAYABLE HEREUNDER BY TENANT SHALL IN NO CASE BE WITHHELD OR DIMINISHED ON ACCOUNT OF ANY DEFECT IN SUCH LEASED PREMISES, restroomsANY CHANGE IN THE CONDITION THEREOF, etc. in the Building. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building and the Project, except that with respect to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S)ANY DAMAGE OCCURRING THERETO OR THE EXISTENCE WITH RESPECT THERETO OF ANY VIOLATION OF LAWS EXCEPT AS OTHERWISE PROVIDED HEREIN.

Appears in 1 contract

Samples: Lease Agreement (Dixie Group Inc)

Leased Premises. In consideration for Subject to and upon the rent to be paid and covenants to be performed by Tenantterms hereinafter set forth, Landlord does hereby leases lease and demise to Tenant, and Tenant leases does hereby lease and take from Landlord for the Rental Term and upon the terms and conditions herein set forthLandlord, the Leased Premises. The initial Leased Premises demised hereunder are described in Section 1.01 Exhibit A hereto. Tenant shall be entitled to the following as appurtenances to the Leased Premises: the right to use (I)a) the Parking Areas, located in if any, identified on Exhibit A (b) for Tenant's non-exclusive use, the office building referred to in Section 1.01(H) (“Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls roof of the Building to in accordance with Section 3.5 hereof, (c) for Tenant's exclusive use, the center restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant; provided that if such facilities also serve floors in a Building that is not fully leased by Tenant, Tenant's use of such facilities shall be non-exclusive and in common with Landlord and other tenants or occupants of the interior walls. In additionfloors also serviced by such facilities and (d) for use in common with Landlord and other tenants or occupants of the Projects, their invitees and guests and others as designated by Landlord from time to time, all areas, facilities and systems, including risers, telephone, electric and other utility closets in the Building and other portions of the Project available from time to time for the common use of tenants in the Building (all such areas, facilities and systems, together with all areas, facilities and systems denominated as "Building Common Areas" and "Floor Common Areas" in the Measurement Standard, the percentage set forth in Section 1.01(I"Common Areas") is and all rights and benefits appurtenant to, or necessary or incidental to, the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls use and roof enjoyment of the Leased Premises and by Tenant for the areas beneath the Leased Premises are purposes permitted by Section 1.5 hereof including, but not demised hereunder and the use thereof together with limited to, the right of Tenant, its employees and invitees, in common with Landlord and other persons, to installuse any non-exclusive easements and/or licenses in, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building about or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord appurtenant to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rightsProject, Landlord shall use reasonable efforts so as to including but not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right limited to the non-exclusive useright to use any walkways, in common with others of such unreserved automobile parking spaces, driveways, footwaystunnels, and other facilities designated for common use within the Building and skywalks connected to the Project, except that with respect to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S).

Appears in 1 contract

Samples: Master Lease Agreement (American Financial Realty Trust)

Leased Premises. In consideration for the rent to be paid Landlord demises and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases and takes from Landlord for the Rental Term and upon the terms and conditions herein set forthLandlord, the Leased Premises described in Section 1.01 (I), located in the office building referred to in Section 1.01(H) (“Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In addition, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof together with the right to use for ingress to and egress from the Leased Premises, in common with others, the Common Areas. Landlord has the exclusive right, subject to any express limitation set forth in Section 4.04 and Article XIX hereof, to (i) use the exterior faces of all perimeter walls of the Building, the roof and all air space above the Building and (ii) install, maintain, use, repair, repair and replace pipes, ducts, cables, conduits, plumbing, vents, utility lines and wires leading through to, in, through, above and below the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building Building. Tenant, or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access a registered architect selected by Landlord to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rightsTenant, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to access, review and remeasure the non-exclusive useLeased Premises prior to the Term Commencement Date. Tenant shall deliver such calculation to Landlord. If the rentable area for the Leased Premises determined by Tenant's architect differs by two percent (2%) or less (higher or lower) from Landlord's figure, in common with others then Landlord's figure shall be controlling. If the rentable area figure determined by Tenant's architect differs by more than two (2%) (higher or lower) from Landlord's figure, then Landlord and Tenant shall endeavor to resolve such discrepancy. If Landlord and Tenant are not able to resolve such discrepancy, then Landlord and Tenant shall jointly appoint an independent architect to resolve such discrepancy and the determination of such unreserved automobile parking spacesindependent architect shall be binding on both Landlord and Tenant. During any such dispute Tenant shall pay Minimum Rent to Landlord based on Landlord's determination. The cost of any such independent architect shall be shared equally by Landlord and Tenant. If the square footage is adjusted pursuant to this Article II, drivewaysthen the Minimum Rent, footwaysTenant's Operating Costs Share, Tenant's Tax Share, the Tenant Work Allowance (as defined in the Work Agreement attached hereto as Exhibit B) and any other amounts or terms in this Lease which are based upon the square footage of the Leased Premises shall be retroactively adjusted to reflect such square footage as of the Term Commencement Date. If Tenant makes any payment of Minimum Rent prior to the final determination of the rentable square feet of space of the Leased Premises, and other facilities designated the amount of Minimum Rent payable for common use within such period exceeds the Building and the Project, except that with respect to non-exclusive areasamount previously paid by Tenant, Tenant shall cause its employees pay the amount of such excess to park their cars only in areas specifically designated Landlord within thirty (30) days of written demand thereof from time Landlord. If the amount of Minimum Rent payable for such period is less than the amount theretofore paid by Tenant, Landlord shall credit the same to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions next payment of Section 1.01(S)Minimum Rent due hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Opnet Technologies Inc)

Leased Premises. In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Rental Term and upon the terms and conditions herein set forth, the Leased Premises premises described in Section 1.01 1.01(I) (Ihereinafter referred to as the “Leased Premises”), located in the an office building development referred to in Section 1.01(H) (hereinafter referred to as the “Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building building to the center of the interior walls. In addition, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls and roof of the Leased Premises and the areas beneath the said Leased Premises are not demised hereunder and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall will not materially interfere with Tenant’s use thereof and serving other parts of the Building building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of the Building building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall will use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIIIVIII and Section 27.11, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building and the ProjectBuilding, except that with respect to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have be entitled to the option to utilize the adjacent use of covered parking structure spaces in accordance with the provisions of Section 1.01(S).

Appears in 1 contract

Samples: Lease (Lifevantage Corp)

Leased Premises. In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to TenantTenants, and Tenant leases Tenants jointly and severally hereby lease from Landlord for the Rental Term and upon the terms and conditions herein set forthLandlord, the Leased Premises described in Section 1.01 property excluding attic, ROOFS of any structure on Premises, fireplace and located at: Gainesville, Florida (I), located in the office building referred to in Section 1.01(Hwhich is a non-smoking unit) (“Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In addition, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof together with the right to installfollowing equipment and appliances: Oven-range, maintainRefrigerator, useSmoke detectors, repairFire Extinguisher. Furniture: Special Provision: Any additional equipment provided would be listed under #44-Provided appliances, #45-Provided Services & Utilities and #46- Supplied Services & Utilities of this Lease. In the Lease, the dwelling leased, including furniture, equipment, and replace pipesappliances located thereon or attached thereto, ductsis hereinafter collectively referred to as the “Premises”. All persons signing this agreement, conduitsas Tenant or as signatories in the capacity of a parent or guardian guaranteeing the obligations of the Tenants, shall be Tenants hereunder, whether named above or not, and wires leading through said persons agree to be jointly and severally liable for any and all obligations created hereunder. The parties expressly agree, however, that the Leased Premises in locations which failure on the part of the Landlord to obtain the signature of a guarantor shall not materially interfere with Tenant’s use thereof affect the liability of any Tenant who has already executed this lease. Tenants obligations to provide guaranties, proof of income, or pay security deposit are stipulated and serving other parts understood not to constitute conditions precedent to this Lease being fully effective and binding on undersigned Tenants but are requirements which must be met before Tenants can physically occupy the Premises; the failure of the Building any or buildings are hereby reserved all undersigned Tenants to Landlordprovide any such requirement shall not operate to void or negate this Lease or Tenants’ monetary obligations in any way. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access If a guaranty is required by Landlord or executed on behalf of Tenant it shall be the Tenants obligation to the balance notify any/all guarantor(s) of the Building and reserved areas and elements as set forth above; and (b) the right to install any renewal, modification or maintain meters on the Leased Premises to monitor use execution of utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference this Lease or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building and the Project, except that with respect to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S)any subsequent Lease agreements.

Appears in 1 contract

Samples: Residential Lease Agreement

AutoNDA by SimpleDocs

Leased Premises. In consideration for Subject to and upon the rent to be paid and covenants to be performed by Tenantterms hereinafter set forth, Landlord does hereby leases lease and demise to Tenant, and Tenant leases does hereby lease and take from Landlord for the Rental Term and upon the terms and conditions herein set forthLandlord, the Leased Premises. The initial Leased Premises are described in Section 1.01 (I), located Exhibit A hereto and in the office building referred Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 1.01(H2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (“Building”). The legal description for the property i) on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In additionan exclusive basis, the percentage set forth in Section 1.01(I) is dedicated Parking Areas, if any, identified on the portion of Lease Supplements and the gross rentable area attributable to Tenant’s proportionate share of common hallwayselevator lobbies, corridors, restrooms, etc. telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Building. The exterior walls Property, and roof their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises and by Tenant for the areas beneath the Leased Premises are not demised hereunder and the use thereof together with purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to installuse any non-exclusive easements and/or licenses in, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building about or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord appurtenant to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rightsProject, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to including the non-exclusive useright to use any walkways, in common tunnels, and skywalks connected to the Project; and (c) all other rights and benefits provided to Tenant with others respect to the Project pursuant to this Lease (including the rights granted to Tenant ________________________________________________________________________________________________________________________ to use the roof of such unreserved automobile parking spaces, driveways, footwaysthe Building, and other facilities designated for common use within portions of the Building and Project located outside of the ProjectLeased Premises, except that with respect pursuant to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S3.5 hereof).

Appears in 1 contract

Samples: Master Lease Agreement (KBS Real Estate Investment Trust, Inc.)

Leased Premises. In consideration for Subject to and upon the rent to be paid and covenants to be performed by Tenantterms hereinafter set forth, Landlord does hereby leases lease and demise to Tenant, and Tenant leases does hereby lease and take from Landlord for the Rental Term and upon the terms and conditions herein set forthLandlord, the Leased Premises described in Section 1.01 Premises. Tenant shall be entitled to the following as appurtenances to the Leased Premises: (I) the right to use, and permit Tenant Parties and/or the customers, invitees and guests of Tenant or any Tenant Parties, to use, (a) on an exclusive basis, the Tenant-Dedicated Parking Areas and (b) on a non- ________________________________________________________________________________________________________________________ exclusive basis (in common with Landlord and other tenants or occupants of the Property, their customers, invitees and guests), located in the office building referred to in Section 1.01(HNon-Dedicated Parking Areas and all the other Common Areas; (II) (“Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In additionall rights and benefits appurtenant to, or necessary or incidental to, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls use and roof enjoyment of the Leased Premises and by Tenant for the areas beneath the Leased Premises are not demised hereunder and the use thereof together with purposes permitted by Section 1.5, hereof, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to installuse any non-exclusive easements and/or licenses in, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building about or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord appurtenant to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rightsProperty, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to including the non-exclusive useright to use any walkways, in common tunnels, and skywalks connected to the Property; and (III) all other rights and benefits provided to Tenant with others respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of such unreserved automobile parking spaces, driveways, footwaysthe Building, and other facilities designated for common use within portions of the Building and Property located outside of the ProjectPremises, except that with respect pursuant to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S3.5 hereof).

Appears in 1 contract

Samples: And Attornment Agreement (KBS Real Estate Investment Trust, Inc.)

Leased Premises. In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for those certain portions of the Rental Term and upon rooftop of a building (the terms and conditions herein set forth, the Leased Premises described in Section 1.01 (I), located in the office building referred to in Section 1.01(H) (“Building”) located at the Site Address indicated on the first page of this Agreement and containing approximately square feet, together with any and all improvements, appurtenances, rights, privileges and easements benefiting, belonging or pertaining thereto, which is more particularly described in Exhibit D, attached hereto and made a part hereof (collectively the “Leased Premises” or “Premises”). The legal description for In connection with the property Leased Premises, Landlord also hereby grants to Tenant a royalty-free, irrevocable license coterminous with the Lease Term (as defined hereinafter), inclusive of the Tenant Removal Period (as defined hereinafter), to other portions of the Building and the land on which the Building is located is attached hereto as Exhibit (collectively, the BProperty. Gross rentable area measurements herein specified ) that are from necessary and appropriate for (i) Tenant’s access to the exterior Leased Premises, including ingress and egress rights to the Property; (ii) the delivery, temporary storage and staging of materials, equipment and the components of the perimeter walls Solar Array (as defined hereinafter); (iii) the interconnection of the Building Solar Array to the center electrical infrastructure of the interior walls. In additionlocal electric utility, the percentage set forth in Section 1.01(I) which may include but is the portion of the gross rentable area attributable not limited to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance electrical room of the Building and reserved areas and elements as set forth abovethe transformer on the Property; and (biv) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises other related and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building and the Project, except ancillary uses that with respect to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time may be useful or necessary in connection with the siting, erection, construction, reconstruction, installation, replacement, relocation, removal, operation, repair and maintenance of the Solar Array on the Premises (collectively in the case of (i), (ii), (iii) and (iv), the “Licensed Area”); provided, however, that any such use or occupancy of the foregoing Licensed Areas by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have not unreasonably interfere with Landlord’s or Landlord’s tenants, if any, use of the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S)Property.

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. In consideration for Landlord is an Affiliate (as hereafter defined) of Inland American Lodging Woodlands Limited Partnership, an Illinois limited partnership (the rent “Owner”). Owner owns the Building and has leased the Building to be paid and covenants Landlord pursuant to be performed by Tenantthat certain Lease Agreement of even date herewith (the “TRS Lease”). The Landlord is also, with respect to the Management of the Building, party to a Management Agreement with Marriott Hotels Services, Inc. (“Manager”). Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord for the Rental Term rental and upon on the terms and conditions herein set forth, forth certain space designated herein as Suite 1401 and containing approximately 840 square feet as reflected on Exhibit A attached hereto and made a part hereof by reference (the Leased Premises described in Section 1.01 (I“Premises”), on the fourteenth floor of the building located in at 0000 Xxxx Xxxxxx Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, and known as The Woodlands Waterway Marriott Hotel and Convention Center (the office building referred to in Section 1.01(H) (“Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In addition, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to grants Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to the a non-exclusive useright to use the Common Areas during the Term, in common with others and subject to the provisions of such unreserved automobile this Lease. “Common Areas” are, and shall be limited to, all present and future areas, facilities and equipment in the Building designated for the common use of the occupants, guests and invitees of the Building, including, without limitation, parking spacesfacilities (subject to payment as hereafter provided), walkways, driveways, footwayslobbies, and other facilities designated for common use within the Building and the Project, except that with respect to non-exclusive landscaped areas, Tenant shall cause its employees loading areas, public corridors, public restrooms, stairs and elevators. Subject to park their cars only in areas specifically designated the payment of applicable fees and charges from time to time in effect for visitor parking in the parking facilities serving the Building, Tenant and Tenant’s agents, employees, licensees and invitees shall have the non-exclusive right to use the parking facilities serving the Building (which shall not exceed the standard rates charged to hotel guests and users of meeting an conference facilities in the Building), in common with the hotel guests and users of meeting and conference facilities in the Building, and Tenant’s invitees shall be permitted to utilize the visitor parking spaces within such parking facilities. In addition to the foregoing and provided no event of default exists, and subject to payment by Tenant of applicable charges from time to time established by Landlord for that purpose parking permits, Landlord agrees to make available to Tenant five (5) parking permits, each for the non-exclusive use by a single automobile 24 hours a day and shall actively police employees 7 days a week in the so-called “East Garage”, which is immediately adjacent to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S)Building.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)

Leased Premises. In consideration for Subject to and upon the rent to be paid and covenants to be performed by Tenantterms hereinafter set forth, Landlord does hereby leases lease and demise to Tenant, and Tenant leases does hereby lease and take from Landlord for the Rental Term and upon the terms and conditions herein set forthLandlord, the Leased Premises. The initial Leased Premises are described in Section 1.01 (I)Exhibit A hereto. Tenant shall be entitled to the following as appurtenances to the Leased Premises, located in the office building referred all at no cost to Tenant, other than as provided in Section 1.01(H2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (“Building”). The legal description for the property i) on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In additionan exclusive basis, the percentage set forth in Section 1.01(I) is dedicated Parking Areas, if any, identified on the portion of Exhibit A and the gross rentable area attributable to Tenant’s proportionate share of common hallwayselevator lobbies, corridors, restrooms, etc. telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Building. The exterior walls Property, and roof their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises and by Tenant for the areas beneath the Leased Premises are not demised hereunder and the use thereof together with purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to installuse any non-exclusive easements and/or licenses in, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building about or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord appurtenant to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rightsProperty, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to including the non-exclusive useright to use any walkways, in common tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with others respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of such unreserved automobile parking spaces, driveways, footwaysthe Building, and other facilities designated for common use within portions of the Building and Property located outside of the ProjectLeased Premises, except that with respect pursuant to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areasSection 3.5 hereof). Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S).BBD-1 Separate Lease Form

Appears in 1 contract

Samples: Master Lease Agreement (Gramercy Capital Corp)

Leased Premises. In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord The LESSOR hereby leases to Tenant, the LESSEE and Tenant the LESSEE hereby leases from Landlord for the Rental Term LESSOR approximately 5,133 rentable square known as Suite 306 and upon as defined in the terms Lease Schedule listed below in section 2 of this agreement and conditions herein set forth, the Leased Premises described in Section 1.01 (I)identified on Exhibit A, located in the office building at 000 Xxxxxx Xxxxxx, Maynard, MA (hereinafter referred to in Section 1.01(H) (“Building”as 141 Xxxxxx). The legal description LESSEE shall have as appurtenant to (and to the extent necessary for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In addition, the percentage set forth in Section 1.01(Iuses permitted hereunder) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof together with the right to use 24 hours per day, 7 days per week, for their intended purposes, in common with the LESSOR and all others, including other tenants of 141 Xxxxxx and their guests and invitees, and subject to such rules and regulations as LESSOR may adopt from time to time, i) walkways, and ii) other common areas of 141 Xxxxxx (collectively hereinafter referred to as the Common Areas or the Facilities). In addition to the rights reserved to the LESSOR in this Lease, LESSOR also reserves the right from time to time, to: construct additions to the Building(s); make alterations to the Building(s); adjust the Total Rentable Area of the Building(s) and 141 Xxxxxx and LESSEE’S Proportionate Share thereof (as hereinafter defined); change the size, location or arrangement of Common Areas, install, use, maintain, userelocate, repair, repair and replace pipes, ducts, conduits, wires, fixtures, facilities, meters and wires leading through equipment for service to or in the Leased Premises or to 141 Xxxxxx; also to relocate any other Facility, and grant easements or other rights in locations which the Common Areas, if necessary. All changes shall be reasonable, to require that the changes can not unreasonably infringe upon LESSEE’S business operation or use of the leased premises and shall require advance notice. The LESSEE shall not materially interfere with Tenant’s use thereof and serving other parts be entitled to any compensation or abatement of Base Rent (as hereinafter defined) or Additional Rent (as herein after defined) as a result of the Building or buildings are hereby reserved to Landlord. Landlord reserves (a) granting of such access rights through easements so long as LESSOR does not diminish the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of the Building and reserved areas and elements as set forth above; and (b) the LESSEE’S right to install or maintain meters on the Leased Premises to monitor use quiet enjoyment of utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and its contemplated operation as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footwaysan office suite, and for general office use incident thereto and for no other facilities designated for common use within the Building and the Project, except that with respect to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S)purposes.

Appears in 1 contract

Samples: Commercial Lease (Telemynd, Inc.)

Leased Premises. In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord for that certain parcel of real estate containing approximately 8.66 acres located on Xxxx X0, X0, X0 & X0 xx Xxxxx Xxxxxx Xxxxxxxx Center in Vanderburgh County, Indiana, described in Exhibit A attached hereto and incorporated herein by this reference, together with all rights, interest and privileges therein or appurtenant thereto, including any existing or necessary easements of access to the Rental Term Real Estate and/or on, over and upon across any adjacent or abutting parcels, whether owned by Landlord or otherwise, and all permits and approvals therefor (the terms and conditions herein set forth“Real Estate”), the Leased Premises building (the “Building”) to be constructed by Landlord thereon, shown and described in Section 1.01 (I), located in the office building referred to in Section 1.01(H) on Exhibit A-1 (“BuildingSite Plan”) attached hereto and incorporated herein by this reference, which such Building will consist of approximately sixty thousand (60,000) square feet (measured from the exterior face of all exterior walls) of office space, and related improvements to be constructed on the Real Estate by Landlord and used in connection with the Building and Tenant’s operations therefrom, including but not limited to curb cuts, access drives, roadways, parking areas (the “Improvements”). The legal Real Estate, Building and Improvements are collectively referred to as the “Leased Premises”, and the boundary description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In addition, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls and roof of the Leased Premises and is outlined on the areas beneath Site Plan attached hereto. Notwithstanding the Leased Premises are not demised hereunder and foregoing or anything in this Lease to the use thereof together with contrary, within ten (10) days after execution of this Lease, Landlord shall deliver to Tenant the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building or buildings are hereby reserved to Landlord. Landlord reserves following: (a) such access current owner’s title insurance policy, including copies of any exceptions thereto; (b) current survey of the Real Estate, including the location of all easements, rights through of way, above and/or below ground utilities, and metes and bounds description of the Leased Premises as may be reasonably necessary to enable access by Landlord boundary lines of the Real Estate; (c) platted subdivision or proposed plat of subdivision (if applicable) with respect to the balance of any property owned by Landlord and adjacent to or abutting the Building Leased Premises but not otherwise herein Leased to Tenant; (d) existing environmental assessments of the Real Estate and reserved areas and elements as set forth aboveany correspondence or orders from any jurisdictional authorities in connection with the presence or alleged presence of hazardous materials on or adjacent to the Real Estate; and (be) evidence of Landlord’s proper and lawful formation, good standing and authority to enter into the right to install or maintain meters on Lease with Tenant (the Leased Premises to monitor use of utilities“Due Diligence Documents”). In exercising such rightsthe event Tenant objects to any matters of title or survey or there shall be any environmental condition or presence or alleged presence of hazardous materials on or about the Real Estate, Tenant shall provide Landlord with written notice thereof and Landlord shall use reasonable efforts so as be obligated to not commit waste upon the Leased Premises cure any and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject all such objections prior to the provisions Commencement Date. Notwithstanding the foregoing, in the event the said objections are of Article VIIIa type that may not reasonably be cured within such time period, or are otherwise not susceptible to cure, Tenant and its customers, agents and invitees shall have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building and the Project, except that with respect to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S)terminate this Lease.

Appears in 1 contract

Samples: Lease (Shoe Carnival Inc)

Leased Premises. In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Rental Term and upon the terms and conditions herein set forth, the Leased Premises described in Section 1.01 (I), located in the office building referred to in Section 1.01(H) (“Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In addition, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions terms, covenants and conditions of Article VIIIthis Lease, Landlord leases to Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building and the Project, except that with respect to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areasPremises. Tenant shall have the option non-exclusive right to utilize use, together with other tenants in the adjacent parking structure Facility, the lobbies, corridors, elevators, stairways and other public areas of the Facility and the Property (collectively, the "Common Areas"), and the non-exclusive right of access to and from the Premises by the main entrances to the Facility and the Property. In the event Tenant uses or occupies space outside the Premises without the prior written consent of Landlord (the "Encroachment Area"), then upon written notice from Landlord ("Notice to Vacate"), Tenant shall immediately vacate such Encroachment Area and pay as additional rent for each day Tenant used, occupied, uses or occupies such Encroachment Area, an amount equal to the rentable square footage of the Encroachment Area, multiplied by the higher of the (a) highest rental rate then approved by Landlord's Board of Directors for the Premises or the Facility, or (b) then current fair market rent for such Encroachment Area, as reasonably determined by Landlord (the "Encroachment Area Charge"). If Tenant uses or occupies such Encroachment Area for a fractional month, then the Encroachment Area Charge for such period shall be prorated based on a thirty (30) day month. In no event shall acceptance by Landlord of the Encroachment Area Charge be deemed a consent by Landlord to the use or occupancy of the Encroachment Area by Tenant or a waiver (or be deemed as waiver) by Landlord of any and all other rights and remedies of Landlord under this Lease (including Tenant's obligation to indemnify, defend and hold Landlord harmless as set forth in accordance the last paragraph of this Section 2.1), at law or in equity. In addition to the foregoing amount, Tenant shall pay to Landlord, as additional rent, an amount equaling Two Hundred Dollars ($200.00) upon delivery of the initial Notice to Vacate plus the actual cost associated with a survey of the Encroachment Area. In the event Landlord determines during subsequent inspection(s) that Tenant has failed to vacate the Encroachment Area, then Tenant shall pay to Landlord, as additional rent, an amount equaling Three Hundred Dollars ($300.00) for each additional Notice to Vacate, if applicable, delivered by Landlord to Tenant following each inspection. The parties agree that the charges associated with each inspection of the Encroachment Area, delivery of each Notice to Vacate and survey of the Encroachment Area represent a fair and reasonable estimate of the administrative cost and expense which Landlord will incur by reason of Landlord's inspection of the Premises, issuance of each Notice to Vacate and survey of the Encroachment Area. Tenant's failure to comply with the provisions applicable Notice to Vacate and Landlord's right to impose the foregoing charges shall be in addition to and not in lieu of any and all other rights and remedies of Landlord under this Lease, at law or in equity. The amounts set forth in this Section 1.01(S).2.1 shall be due within three (3) business days following the applicable Notice to Vacate and/or separate invoice relating to the actual cost associated with a survey of the Encroachment Area. In addition to the rights and remedies of Landlord as set forth in the immediately foregoing two paragraphs of this Section 2.1, the terms and conditions of the indemnity and exculpation provision set forth in Section 15 below shall also apply to Tenant's use and occupancy of the Encroachment Area as if the Premises originally included the Encroachment Area, and Tenant shall additionally indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Encroachment Area including, without limitation, any loss or liability resulting from any claims against Landlord made by any tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Encroachment Area to any such tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs. By placing their initials below, each party specifically confirms the accuracy of the statements made in this Section 2.1 and the reasonableness of the amount of the charges described in this Section 2.1. Initials: Landlord Tenant

Appears in 1 contract

Samples: Lease

Leased Premises. In consideration for Subject to and upon the rent to be paid and covenants to be performed by Tenantterms hereinafter set forth, Landlord does hereby leases lease and demise to Tenant, and Tenant leases does hereby lease and take from Landlord for the Rental Term and upon the terms and conditions herein set forthLandlord, the Leased Premises. The initial Leased Premises demised hereunder are described in Section 1.01 Exhibit A hereto. Tenant shall be entitled to the following as appurtenances to the Leased Premises: the right to use (I)a) Parking Areas, located in (b) for Tenant's non-exclusive use, the office building referred to in Section 1.01(H) (“Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls roof of the Building to in accordance with Section 3.5 hereof, (c) for Tenant's exclusive use, the center restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant; provided that if such facilities also serve floors in a Building that is not fully leased by Tenant, Tenant's use of such facilities shall be non-exclusive and in common with Landlord and other tenants or occupants of the interior walls. In additionfloors also serviced by such facilities and (d) in common with Landlord and other tenants or occupants of the Projects, their invitees and guests and others as designated by Landlord from time to time, all areas, facilities and systems, including risers, telephone, electric and other utility closets in the Buildings and other portions of the Projects available from time to time for the common use of tenants in the Buildings (all such areas, facilities and systems, together with all areas, facilities and systems denominated as "Building Common Areas" and "Floor Common Areas" in the Measurement Standard, the percentage set forth in Section 1.01(I"Common Areas") is and all rights and benefits appurtenant to, or necessary or incidental to, the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls use and roof enjoyment of the Leased Premises and by Tenant for the areas beneath the Leased Premises are purposes permitted by Section 1.5 hereof including, but not demised hereunder and the use thereof together with limited to, the right of Tenant, its employees and invitees, in common with Landlord and other persons, to installuse any non-exclusive easements and/or licenses in, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of the Building about or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord appurtenant to the balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rightsProjects, Landlord shall use reasonable efforts so as to including but not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right limited to the non-exclusive useright to use any walkways, in common with others of such unreserved automobile parking spaces, driveways, footwaystunnels, and other facilities designated for common use within skywalks connected to the Building and the Project, except that with respect to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall have the option to utilize the adjacent parking structure in accordance with the provisions of Section 1.01(S)Projects.

Appears in 1 contract

Samples: Master Lease Agreement (American Financial Realty Trust)

Time is Money Join Law Insider Premium to draft better contracts faster.