Common use of Leased Premises Clause in Contracts

Leased Premises. A. Premises and Building --------------------- Landlord does hereby lease to Tenant and Tenant does hereby rent from Landlord those certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or Tenant.

Appears in 3 contracts

Samples: Agreement (DSL Net Inc), Agreement (DSL Net Inc), Agreement (DSL Net Inc)

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Leased Premises. A. Premises Lessor hereby leases to Lessee and Building --------------------- Landlord does Lessee hereby lease to Tenant and Tenant does hereby rent leases from Landlord those certain premises which are deemed to contain Lessor, a portion of the building located at 0 XXXXX XXXXX, Xxxxxx, Xxxxxxxxx Xxxxxx, Xxxxxxxxxxxxx, known as Unit two containing approximately 12,078 12,678 rentable square feet feet, as more particularly shown on Exhibit A, annexed hereto, excepting there from space for pipes, ducts, air shafts, wires, meters, conduits, and appurtenant fixtures and equipment serving other parts of space located on the fifth (5th) floor building of which the Leased Premises are a part. Said leased area being herein referred to as the “Leased Premises” and all to be contained in the building known as 0 XXXXX XXXXX, XXXXXX, Xxxxxxxxxxxxx (hereinafter called sometimes referred to as the "Premises")“Building”) on that certain plot, as designated piece or parcel of land more fully described on the plan Exhibit B to this Lease, attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto to and made a part hereof of this Lease. (The LandBuilding and the above described land may be referred to collectively as the “Property”.) To have and to hold the Leased Premises, subject to the agreements, terms and conditions herein contained, for the Term of this Lease as defined in Article 4. Lessee shall have access to the Building and the Leased Premises 24 hours per day, seven days per week, 52 weeks per year. Lessor shall deliver the Leased Premises, Building and all Building systems, including HVAC, fixed laboratory improvements and trade fixtures, in good repair and working order. The Leased Premises shall be delivered professionally cleaned. Further, Lessor shall promptly repair, at its expense and without pass through as an Operating Expense, the ----------- Building structural soundness of the roof, the structural soundness of the foundation, and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use structural soundness of the exterior faces of all perimeter walls; (b) the use , doors and windows of the roof; Building (including the foundations, footings, exterior walls, and (c) the use of the land, improvements structural steel columns and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premisesgirders). Said letting and renting is upon and subject Lessee will have access to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease Leased Premises no less than five (5) business days prior to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years for the purpose of installing furniture, fixtures, and equipment and inspecting the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or TenantProperty.

Appears in 2 contracts

Samples: Allurion Technologies Holdings, Inc., Allurion Technologies Holdings, Inc.

Leased Premises. A. Premises Subject to and Building --------------------- upon the terms, provisions, covenants and conditions hereinafter set forth, Landlord does hereby lease lease, demise and let to Tenant and Tenant does hereby rent lease, demise and let from Landlord those certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor (hereinafter called the "Premises") in the building known as Claire's Corporate Plaza, located at 3 SW 129th Avenue, Pembroke Pines, Florida (said building together xxxx xxx xxxxxxxxx xxxxxxx xxx xxxxxxx xxxilities owned by Landlord are collectively referred to as the "Building" as shown on Exhibit "A" attached hereto), as designated such Premises being more particularly described on the floor plan of the Premises attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the Exhibit "Building"). The legal description A-1" comprising portions of the land on which first and second floors and the Building is situated (entirety of the "Land"third and fourth floors excepting the cross hatched area) is set forth on EXHIBIT A-1 attached hereto and made a part hereof hereof, identified by the signature or initials of Landlord and Tenant. The Land, the ----------- Building and any other improvements located on the Land are collectively referred to term "Rentable Area" as used herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and refer to (ai) in the case of a single tenancy floor, all space measured from the inside surface of the outer glass of the Building to the inside surface of the opposite outer glass, excluding only the areas within the outside glass used for building stairs, fire towers, elevator shafts, flues, vents, pipe shafts and vertical ducts, but including any such areas which are for the specific use of the exterior faces of all perimeter walls; (b) the use of the roof; particular tenant, such as special stairs or elevators, and (cii) in the use case of a multi-tenancy floor, all space within the land, improvements and space below the bottom of the lower floor slabs and above the interior inside surface of the ceiling outer glass enclosing tenant occupied portions of the Premises. Said letting floor and renting is upon and subject measured to the termsmidpoint of the walls separating such portions from areas leased by or held for lease to other tenants. No deductions from Rentable Areas are made for columns or projections necessary to the Building. The Rentable Areas for the Premises and for the Building have been calculated on the basis of the foregoing definition and are hereby stipulated for all purposes hereof to be approximately 35,470 square feet as to the Premises, covenantswhether the same should be more or less as a result of variations resulting from actual construction and completion of the Premises for occupancy, and conditions set forth herein, and Tenant covenants 47,190 square feet as to the Building whether same should be more or less as a material part result of variations resulting from actual construction of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or TenantBuilding.

Appears in 2 contracts

Samples: Office Lease Agreement (BMS Distributing Corp.), Office Lease Agreement (Claires Stores Inc)

Leased Premises. A. Premises and Building --------------------- The Landlord does hereby lease leases to the Tenant and Tenant does hereby rent from Landlord all those certain premises which are deemed to contain consisting of approximately 12,078 25,913 rentable square feet of space located on part of the first floor and part of the second floor (herein called the “Leased Premises”) of the building known municipally as 000 Xxxxx Xxx Drive (herein called the “Building”) in the City of Ottawa (formerly Kanata) which said building is erected on the fifth lands (5th) floor (hereinafter herein called the "Premises"), as designated on “Lands”) described in Schedule “A” annexed hereto. The rentable area of the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Leased Premises being situated shall be increased by the amount of rentable area used by the Tenant in the Building known as 000 Xxxx Xxxxx Xxxxxother than in the Leased Premises for any special HVAC, Xxx Xxxxxducting, Xxxxxxxxxxx 00000 exhaust equipment or other thing serving the Leased Premises (hereinafter called the "Building"“Additional Rentable Area”). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located Leased Premises are more particularly outlined on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 plan annexed hereto and made apart hereof sets forth marked Schedule “B”. The parties acknowledge that the general layout ----------- foregoing calculation of the Property area of the Leased Premises and Building has been estimated only and that the actual area of the Leased Premises and Building shall not be deemed subject to certification by the Landlord’s architect. On or before the date so stipulated for possession of the Leased Premises, or within a reasonable time thereafter, the Landlord shall provide a letter or certificate of measurement from the Landlord’s architect verifying the square footage of the Leased Premises, the Additional Rentable Area and Building in accordance with ANSI BOMA Z65.1-1996. The areas established in the certificate shall be final and binding upon the parties. As represented by Landlord, the Building has an approximate rentable area of Sixty-Seven Thousand Four Hundred Twenty-Eight (67,428) square feet, which may change from time to time as a warrantyresult of alterations, representation modifications, deletions or agreement additions made by the Landlord from time to time at which time a new certificate will be issued by the Landlord’s architect and it will be binding on the part of Landlord that the Building or other improvements parties. The Leased Premises shall be delivered to Tenant on an “as is and seen” basis observed on the Land will remain as indicated on said plan. If date of signature by the Commencement Date has not occurred within two (2) years of the date Tenant of this Lease, including existing leasehold improvements, fixtures and all existing mechanical and electrical improvements. Furthermore, the Leased Premises shall be free and clear of any items of furniture, chattels and other personal property of the previous tenant and shall be in a broom-clean condition. Portions of this Lease shall automatically terminate without further action by either Landlord or TenantExhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act.

Appears in 2 contracts

Samples: Indemnity Agreement (Coley Pharmaceutical Group, Inc.), Indemnity Agreement (Coley Pharmaceutical Group, Inc.)

Leased Premises. A. Premises and Building --------------------- Landlord does hereby lease to Tenant and Tenant does hereby rent from Landlord those certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description In consideration of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Landrents, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, provisions and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, Lessor hereby leases, lets and demises to the Lessee the following described premises, which premises are more or less depicted on Exhibit A attached hereto and incorporated herein by this reference (“Leased Premises”): 27,000 rentable square feet (Approximate sq. ft. in Leased Premises). The actual square footage will not be known until completion of the Lessee Improvement Final Plans by Xxxxxxx Design. The number of rentable square feet specified in said plans (which shall be measured from roofline to roof line and to the center of any interior demising walls, with no area factor included) prepared by Xxxxxxx Design shall be binding on Lessor and Lessee. Upon completion of the Lessee Improvement Final Plans by Xxxxxxx Design, Lessor and Lessee shall execute an amendment to this Lease, which amendment shall specify the actual square footage of the Lease shall automatically terminate without further action by either Landlord and the amount of Base Rent due monthly based on said square footage. 176,632 rentable square feet (Approximate sq. ft. in Building) 000 Xxxxxxxxx Xxxxx Xxxxx, Xxxxxxxx X (Name of building or Tenantproject) 000 Xxxxxxxxx Xxxxx Xxxxx, Xxxxxxxx X, Xxxxx 000, (Xxxxxx address/suite number) Xxxxxxxxx, Xxxxxxxx 00000 (City, State, and Zip Code), located on the land shown on Exhibit “A” attached hereto and incorporated herein for all purposes. Lessee acknowledges that the square footage of the Leased Premises is as set forth above.

Appears in 2 contracts

Samples: Lease Agreement (Gevo, Inc.), Lease Agreement (Gevo, Inc.)

Leased Premises. A. Premises Lessor hereby leases to Lessee and Building --------------------- Landlord does Lessee hereby lease to Tenant leases from Lessor under the terms and Tenant does hereby rent from Landlord those certain premises which are deemed to contain approximately 12,078 rentable conditions set forth in this Lease a 50 feet by 50 feet, 2,500 square feet portion of space that certain parcel of real property, located on the fifth at 00000 Xxxx Xxx Xxxx Xxxx, Xxxx, XX 00000 (5th) floor (hereinafter called the "Premises"“Site”), as designated more particularly described on Exhibit “A” and shown on the Exhibit “A-1” survey or site plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Land(“Leased Premises”), the ----------- Building together with a thirty foot (30’) wide easement for ingress, egress, underground utilities, and any other improvements located on purposes for which easements are required by City of Novi Ordinances, for the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use duration of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep which is more particularly described and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed shown on Exhibit “B” attached hereto and made apart a part hereof sets forth (“Easement”). The right to use the general layout ----------- Easement for the same ingress, egress, underground utilities, and other purposes may be granted by Lessee to its licensee(s) and sublessee(s) and their respective agents, employees, and contractors, so long as Lessee has provided Lessor with written notice of the Property licensee(s) and shall not be deemed sublessee(s) that have been granted such rights pursuant to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date Paragraph 24 of this Lease. The descriptions and locations of the Leased Premises and/or Easement may be amended by Lessor and Lessee based on the survey Lessee may obtain under Paragraph 3(b). Lessor represents and warrants that Lessor has good and marketable title to the Leased Premises and the Easement(s) free and clear of all liens and encumbrances, this Lease shall automatically terminate without further action by either Landlord or Tenantother than those liens and encumbrances shown on Exhibit “C” attached hereto and made a part hereof.

Appears in 1 contract

Samples: Ground Lease Agreement

Leased Premises. A. Premises and Building --------------------- CONSTRUCTION: LANDLORD LOAN TO TENANT I .l Landlord does hereby lease leases to Tenant and Tenant does hereby rent leases from Landlord those certain premises Landlord, upon and subject to the terms and provisions of this Lease, an area of approximately twenty-one thousand three hundred ninety-six 21,396 square feet in total, comprised of approximately nineteen thousand three hundred two 19,302 square feet ofindustrial space, which are deemed to contain approximately 12,078 rentable is a portion of Unit # S1l5 and two thousand ninety-four 2,094 square feet of space located on the fifth Building Common Area (5th) floor (hereinafter called the "Premises"defined below), as designated cross-hatched on the plan attached hereto as EXHIBIT A Exhibit A- I (the "Leased Premises"), which area is a part ofa building located upon a lot or parcel of land situated at Xxx Xxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxx Xxxxxx, Xxx Xxxxxxxxx, as more particularly described in Exhibit A-2 attached hereto (hereinafter referred to as the "Properly"), together with such additions and made extensions as Landlord may from time to time designate as included within the building or buildings (the "Building"),which Building is a --------- part hereof, said Premises being situated in the Building of a complex of buildings known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 Century Park (hereinafter called the "BuildingCampus"). The legal description This is a "net, net, net lease" and Tenant shall pay Tenant's Proportionate Shares (defined below) ofall expenses incurred in connection with the operation of the land Building, the Property and the Campus so that the Base Rent described in Section 4.1 will be entirely "net" to Landlord, except for (a) interest and amortization on which mortgages encumbering the Building is situated fee title at any time and (b) any estate, inheritance, income or personal taxes ofLandlord. 1.2 Prior to the "Land") is set forth Commencement Date (defined below), Tenant will, at Tenant's sole cost and expense, complete the work as provided for on EXHIBIT A-1 Exhibit B-2 attached hereto and made a part hereof The Land("Tenant's Work"). Landlord shall provide a "Tenant Improvement Loan" ofup to $25,000.00 for Tenant improvements which shall be reimbursed by Tenant to Landlord, amortized over Tenant's initial five (5) year Lease Term at five percent (5%) per year. In order to pay the Tenant Improvement Loan, Tenant shall make monthly payments to Landlord in the amount ofFour Hundred Seventy-one Dollars and Seventy-Eight Cents ($471.78) per month for sixfy (60) consecutive months beginning on September 15,2014, with the Rent due for the month ofOctober,2014, and on each succeeding I 5'h day of the month thereafter until the Tenant Improvement Loan is paid in full. 1.3 All work performed by Tenant shall be performed at Tenant's sole risk and expense and in accordance with good construction practices, applicable legal requirements and insurance requirements. In connection such construction, Tenanl agrees to comply with all of Landlord's construction and labor provisions ofthis Lease, including, but not limited to, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use provisions of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the PremisesArticle IX. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or Tenant.j

Appears in 1 contract

Samples: Lease Agreement (Faro Technologies Inc)

Leased Premises. A. Premises and Building --------------------- Landlord does hereby lease to Tenant and Tenant does hereby rent from Landlord those certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on On the fifth (5th) floor (hereinafter called Commencement Date, or such earlier date as LESSEE shall take occupancy thereof, the "Leased Premises"), as designated on " shall consist of that portion of the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated ground floor in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 No. 200 (hereinafter called the "Building") located at One Kendxxx Xxxare, Cambridge, Massachusetts, located in the mixed use retail and office complex known as "One Kendxxx Xxxare" (the "Complex") which ground floor space contains seventeen thousand five hundred and thirty-two (17,532) square feet of space, more or less, and outlined on the sketch contained in Exhibit A1 (herein called the "Leased Premises"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant Leased Premises shall have no right in and to as appurtenant thereto: (a) the right to use in common with others entitled thereto, the entrances, lobbies, hallways, stairways, walkways, sidewalks, driveways, loading docks, elevators and other common facilities in the Building containing any portion of the exterior faces Leased Premises and on the land constituting the Lot more particularly described in Exhibit B hereto (herein called the "Lot") necessary for access to and enjoyment of all perimeter walls; the Leased Premises, or portion, and (b) the use pipes, conduits, wires, and appurtenant equipment serving the Leased Premises, or portion thereof, in common with other portions of the roofBuilding containing any part of the Leased Premises, subject, however, to the following rights which are expressly excepted and reserved by LESSOR: (i) the right, from time to time, to install, maintain, use, repair, relocate, place and replace utility lines, pipes, ducts, conduits, wires, gas, electric, or any other meters and fixtures located on or passing through any portion of the Leased Premises to serve other portions of the LESSOR's property of which the Leased Premises, or a portion thereof, are a part; (ii) the right to enter into, upon and across any portion of the Leased Premises to exercise any reserved right of LESSOR hereunder or to complete LESSOR's construction of the Leased Premises, or part thereof, and the Building; and (ciii) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject right from time to time to make alterations or additions to the terms, covenants, Building and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation construct other buildings or agreement on the part of Landlord that the Building or other improvements on the Land will remain Lot and to make additions to such buildings or improvements, and to permit others to do so from time to time all as indicated on said plan. If LESSOR may determine in its sole discretion, and without LESSEE's consent in any instance; the Commencement Date has exercise of any of such foregoing rights being performed to the greatest possible extent in a manner so as not occurred within two (2) years unreasonably to interfere with the LESSEE's use and occupancy of the date Leased Premises and, in any event, so as not to materially interfere with the LESSEE's use and occupancy. There shall be appurtenant to the Leased Premises the right but not the obligation to park twenty five (25) passenger motor vehicles in the parking garage appurtenant to the Lot, commonly referred to as the OKS Garage. LESSOR reserves the right to designate the locations of this Leasethe spaces to be utilized for such parking rights by written notice to LESSEE, this Lease and to change the location of any or all of such spaces by notice to LESSEE at any time and from time to time as LESSOR shall automatically terminate without further action by either Landlord solely determine. LESSEE shall notify LESSOR prior to the start of the month of any increase or Tenantdecrease in the number of spaces to be used. The parking spaces provided hereunder need not be contiguous.

Appears in 1 contract

Samples: Millennium Pharmaceuticals Inc

Leased Premises. A. Premises (a) Landlord, in consideration of the Rent (as defined in Section 2.3) to be paid and Building --------------------- Landlord the covenants to be performed by Tenant, does hereby lease and demise to Tenant Tenant, and Tenant does hereby rent rents and hires from Landlord those certain premises for the Term herein set forth, the Leased Premises which are deemed described as set forth in the Data Sheet attached hereto, in the retail development designated as Xxxx Xxxxx or by such other name as Landlord may from time to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor time hereafter designate (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "BuildingRetail Development"). The legal description term "State" as used herein shall mean the State or Commonwealth of Texas. For all purposes in this Lease, a "Major Tenant" is any occupant of 20,000 square feet or more of floor area in the Retail Development and a AMajor Tenant Space@ is any space in the Retail Development containing 20,000 square feet or more. It is agreed that, wherever the term "Shopping Center" is used herein, it shall mean the Retail Development excluding the Major Tenant Spaces, except as otherwise specifically stated herein. Exhibit A sets forth the general layout of the land Retail Development. Landlord does not warrant or represent that the Retail Development or the Leased Premises will be constructed exactly as shown thereon or that it will be completed by a specific date. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time, without notice to or consent of Tenant, and without in any manner diminishing Tenant's obligations under this Lease, to make alterations or additions to, and build additional stories on the building in which the Building is situated (Leased Premises are located and to build adjoining the same, to construct other buildings and improvements of any type in the Retail Development or the common areas, or any part thereof, including the right to locate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the Retail Development, and to make alterations therein or additions thereto, to build additional stories on any building or buildings within the Retail Development, and to build adjoining thereto, to construct decks or elevated parking facilities and free standing buildings within the parking lot areas of the Retail Development, and to change the size, location, elevation and nature of any of the stores in the Retail Development or the common areas, or any part thereof. In the event Landlord elects to enlarge the Retail Development, or any part thereof, any additional area may be included by Landlord in the definition of the Retail Development for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas and the floor area of the Shopping Center shall be accordingly adjusted. The premises leased to Tenant are herein referred to as the "LandLeased Premises") . The approximate location of the Leased Premises is set forth cross-hatched on EXHIBIT A-1 the lease plan of the Retail Development attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use Exhibit A. This Lease of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting Leased Premises is upon and subject to the termsall applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and conditions set forth agreements affecting the Retail Development and the terms and provisions of certain master declaration, reciprocal easement and operating agreements now or hereafter entered into by Landlord. Subject to the provisions of Section 5.1, Tenant shall enjoy a non-exclusive easement, right and privilege for Tenant and its customers, employees and invitees and the customers, employees and invitees of any assignee, sublessee, concessionaire or licensee of Tenant, to use the common areas of the Shopping Center, with Landlord and the other tenants and occupants of floor area within the Shopping Center and their respective customers, employees and invitees. Furthermore, Landlord agrees that any additions, alterations or modifications to the Shopping Center by Landlord shall not adversely affect access to, or visibility of the Leased Premises and, except as otherwise provided for herein, and Tenant covenants as a material part shall retain substantially the same relative position with respect to Major Tenants of the consideration for this Lease to keep and perform each and all Shopping Center as of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or TenantDate.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Leased Premises. A. Premises (a) Landlord, in consideration of the Rent (as defined in Section 2.3) to be paid and Building --------------------- Landlord the covenants to be performed by Tenant, does hereby lease and demise to Tenant Tenant, and Tenant does hereby rent rents and hires from Landlord those certain premises for the Term herein set forth, the Leased Premises which are deemed described as set forth in the Data Sheet attached hereto, in the retail development designated as Concord Mills or by such other name as Landxxxx may from time to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor time hereafter designate (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "BuildingRetail Development"). The legal description term "State" as used herein shall mean the State or Commonwealth of North Carolina. For all purposes in this Lease, a "Major Tenant" is any occupant of 20,000 square feet or more of floor area in the Retail Development and a AMajor Tenant Space@ is any space in the Retail Development containing 20,000 square feet or more. It is agreed that, wherever the term "Shopping Center" is used herein, it shall mean the Retail Development excluding the Major Tenant Spaces, except as otherwise specifically stated herein. Exhibit A sets forth the general layout of the land Retail Development. Landlord does not warrant or represent that the Retail Development or the Leased Premises will be constructed exactly as shown thereon or that it will be completed by a specific date. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time, without notice to or consent of Tenant, and without in any manner diminishing Tenant's obligations under this Lease, to make alterations or additions to, and build additional stories on the building in which the Building is situated (Leased Premises are located and to build adjoining the same, to construct other buildings and improvements of any type in the Retail Development or the common areas, or any part thereof, including the right to locate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the Retail Development, and to make alterations therein or additions thereto, to build additional stories on any building or buildings within the Retail Development, and to build adjoining thereto, to construct decks or elevated parking facilities and free standing buildings within the parking lot areas of the Retail Development, and to change the size, location, elevation and nature of any of the stores in the Retail Development or the common areas, or any part thereof. In the event Landlord elects to enlarge the Retail Development, or any part thereof, any additional area may be included by Landlord in the definition of the Retail Development for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas and the floor area of the Shopping Center shall be accordingly adjusted. The premises leased to Tenant are herein referred to as the "LandLeased Premises") . The approximate location of the Leased Premises is set forth cross-hatched on EXHIBIT A-1 the lease plan of the Retail Development attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use Exhibit A. This Lease of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting Leased Premises is upon and subject to the termsall applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and conditions set forth agreements affecting the Retail Development and the terms and provisions of certain master declaration, reciprocal easement and operating agreements now or hereafter entered into by Landlord. Subject to the provisions of Section 5.1, Tenant shall enjoy a non-exclusive easement, right and privilege for Tenant and its customers, employees and invitees and the customers, employees and invitees of any assignee, sublessee, concessionaire or licensee of Tenant, to use the common areas of the Shopping Center, with Landlord and the other tenants and occupants of floor area within the Shopping Center and their respective customers, employees and invitees. Furthermore, Landlord agrees that any additions, alterations or modifications to the Shopping Center by Landlord shall not adversely affect access to, or visibility of the Leased Premises and, except as otherwise provided for herein, and Tenant covenants as a material part shall retain substantially the same relative position with respect to Major Tenants of the consideration for this Lease to keep and perform each and all Shopping Center as of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or TenantDate.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Leased Premises. A. Premises (a) Landlxxx, xx Consideration of the rent to be paid and Building --------------------- Landlord the covenants to be performed by Tenant, does hereby demise and lease to Tenant unto Tenant, and Tenant does hereby rent rents and hires from Landlord Landlord, those certain premises which are deemed in the entertainment and retail center shown on Exhibit A, subject to contain approximately 12,078 rentable square feet covenants, restrictions and easements of space record, any declaration or other instrument of covenants, conditions or restrictions now or hereinafter entered into by Landlord, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Major Store Sites, and the terms and provisions of the underlying lease, if any. It is agreed that the term "entertainment and retail center" as used herein shall mean and refer to the Major Store Sites and the Development, including the buildings located or to be located thereon, all as shown on the fifth (5th) floor (hereinafter called the "Premises"), as designated on the site plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 in Exhibit A attached hereto and made a part hereof The Landhereof, and that the ----------- Building term "Development" shall, except as otherwise specifically provided herein, mean and any other improvements located refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the Land are collectively mall, together with the mall (whether or not shaded or hatched). The approximate location of the premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to herein as the "Property.leased premises" Landlord hereby reserves and Tenant shall have no right in and to (aor "premises") the use of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions are described as set forth herein, and Tenant covenants as a material part of in the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performedData Sheet attached hereto. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of As used in this Lease, this Lease the term "State" shall automatically terminate without further action by either Landlord or Tenantmean the state in which the Development is located.

Appears in 1 contract

Samples: Construction Agreement (Hart Industries Inc)

Leased Premises. A. Premises In consideration of the rents, terms, provisions and Building --------------------- covenants of this Lease, Landlord does hereby lease leases lets and demises to Tenant and Tenant does hereby rent from Landlord those certain leases and takes, the following described premises which are deemed (herein referred to contain approximately 12,078 rentable square feet of space located on as the fifth (5th) floor (hereinafter called the "" Premises")): that certain office building, as designated on excluding the plan attached hereto as EXHIBIT A and made a --------- part hereofroof thereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx located at 5655 Xxxxxxxx Xxxxx, Xxx XxxxxXxxxxxxx, Xxxxxxxxxxx 00000 Xxxxxxx (hereinafter called xxrein sometimes referred to as the "Building"), containing approximately 49,720 square feet of rentable area. The legal description Building is a part of the land on which the Building is situated three-building project commonly known as Spalding Triangle Phase I (the "Land") is set forth on EXHIBIT A-1 attached hereto land and made a part hereof The Landthe improvements of said three-building project which are generally located at 3770 Data Drive, the ----------- Building 3790 Data Drive, and any other improvements located on the Land are 5655 Xxxxxxxx Xxxxx, xxe herein sometimes collectively referred to herein as the "Property." Landlord hereby reserves and Project"). A floor plan of the interior of the Premises is attached hereto as Exhibit "A". Tenant shall have no right in of access to, and no right to (a) utilize or install any machinery, signs or equipment upon, the use roof of the exterior faces Building for any purpose without the prior written consent of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the PremisesLandlord in Landlord's sole discretion. Said letting and renting is upon Upon and subject to the termsprovisions of Section 9 below and Section 10 of Exhibit "C" attached hereto, covenantsTenant is granted access to the roof of the Building for purposes of maintaining, repairing and replacing the air conditioning units servicing the Premises and for installing and using a satellite dish. Landlord and Tenant agree that the Premises consist of 49,720 square feet of rentable area regardless of the actual number of square feet of rentable area, and conditions set forth herein, and neither Landlord nor Tenant covenants as shall have the right to demand a material part change in the rent or terms of this Lease based on any remeasurement of the consideration Premises, change in commonly-used measurement standards, or otherwise. In addition to the interest in the Premises demised to Tenant under this Lease, Landlord hereby grants Tenant a nonexclusive license for so long as this Lease is in full force and effect to keep use the "Common Areas", hereinafter defined, of the Project in common with others entitled to use the Common Areas, including Landlord and perform each other tenants of the Project and their respective employees and invitees and other persons authorized by Landlord, subject to the terms and conditions of this Lease (including, without limitation, subject to the provisions of Section 6 of Exhibit "C" attached hereto), including any and all of rules and regulations promulgated by Landlord in accordance with the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date terms of this Lease. As used herein, this Lease shall automatically terminate without further action by either Landlord or Tenant.the term "

Appears in 1 contract

Samples: Lease Agreement (Serologicals Corp)

Leased Premises. A. Premises and Building --------------------- 1.1 Landlord does hereby lease leases to Tenant and Tenant does hereby rent leases from Landlord those certain premises which are deemed the Premises, including all fixtures and improvements located thereon or therein, together with (i) the right to contain approximately 12,078 use 377 vehicle parking spaces (based on 2.5 spaces for each 1,000 rentable square feet of space located Premises) within the Project (50 of such vehicle parking spaces shall be exclusive to Tenant, as outlined on Exhibit A, and the fifth (5th) floor (hereinafter called the "Premises"remaining 327 of such vehicle parking spaces shall be non- --------- exclusive in common with other tenants), (ii) the exclusive right to use the loading and unloading areas ("Loading Areas") and trash areas ("Trash Areas") appurtenant to Building 5 (and, prior to the termination date for the Temporary Storage Space, as designated hereinafter defined, the trash area appurtenant to Building 7) depicted on Exhibit A (provided, however, that Tenant shall not have the plan attached hereto as EXHIBIT A --------- exclusive right, but rather the right shared in common with others, to the access areas leading to and made a --------- part hereoffrom the Loading Areas and the Trash Areas), said Premises being situated in (iii) the non- exclusive right to use the loading and unloading areas and trash areas appurtenant to Building known as 000 Xxxx Xxxxx Xxxxx9, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called iv) the "Building"). The legal description of exclusive right to use the land on which the chemical storage area appurtenant to Building is situated 5 (the "LandChemical Storage Area") is set forth depicted on EXHIBIT A-1 attached hereto Exhibit ------- A for the purpose of storing chemical waste and made a part hereof The Landrelated materials (some or all - of which may constitute "Hazardous Substances," as hereinafter defined), (v) the ----------- non-exclusive right to use the scrap area south of the parking lot immediately south of Building and any other improvements located on the Land are collectively referred to herein as 5 (the "Property." Landlord hereby reserves Scrap Area") depicted on Exhibit A for the purpose of --------- storing of scrap and Tenant shall have no right in and to related materials (aother than Hazardous Substances), (vi) the non-exclusive use of the common areas of the Project (which for purposes of this Lease shall include all exterior faces areas of all perimeter walls; the Project designed for use in common by Tenant and other tenants which are not specified herein as being exclusive to Tenant or to other tenants of the Project, (bvii) so long as the portion of the Premises located in Building 9 (the "Building 9 Premises") are part of the Premises under this Lease, the non-exclusive use of the roof; restrooms and other common facilities in Building 9, (viii) reasonable rights of ingress and egress to and from the Premises and over and across the common areas, and (cix) for up to the first thirty (30) days following the Commencement Date, the exclusive use of those areas within the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years telephone closets within Building 9 currently serving the Premises and non-exclusive construction easements at the Project as reasonably necessary for Tenant to complete any Consolidation Alterations (as hereinafter defined) which may be located outside the Premises. Tenant's use of the date Building 5 and 7 Trash Areas shall include the right of this LeaseTenant to keep and use thereon Tenant's trash compacting equipment. Notwithstanding the above clauses (iv) and (v), this Lease Tenant agrees that its right to use the Scrap Area shall automatically terminate without further action by either expire at such time as Landlord or physically removes the Scrap Area and that its right to use the Chemical Storage Area shall expire at such time as Landlord physically removes the Chemical Storage Area, such removal in each case to be after not less than 30 days prior notice to Tenant and, in the case of removal of the Chemical Storage Area, only if Landlord first provides to Tenant, at no out-of-pocket cost to Tenant, an alternative chemical storage area within the Project reasonably acceptable to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Calcomp Technology Inc)

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Leased Premises. A. Premises  Landlord, for and Building --------------------- Landlord does in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of Tenant to be paid, kept, performed and observed by Tenant, hereby lease to Tenant demises and leases unto Tenant, and Tenant does hereby rent leases from Landlord those Landlord, that certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor (hereinafter called the real property more particularly described in Exhibit "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 A-1" attached hereto and made a part hereof The (the "Leased Land") together with all buildings and improvements to be erected thereon (“Tenant's Building”), together with all and singular rights, privileges and easements appurtenant thereto or which are hereinafter provided in this Lease (all of which shall constitute and comprise the "Leased Premises" or "Premises"). A record plan of the Leased Land and the remainder of the lot on which Leased Land lies (000 X. Xxxx Xxxxxx, Xxxxxxxx, Xxxxxx Xxxxxx, XX, PIN 547368970333) (“Main Street Commons”) is attached hereto as Exhibit "A-2".  Notwithstanding the above, the ----------- Building building and any other improvements located on that the Land are collectively referred parties contemplate shall be constructed by Tenant (i.e. Tenant’s Building) pursuant to herein as the "Property." Landlord hereby reserves terms contained in this Lease, until expiration or earlier termination of this Lease, shall be and remain the sole property of Tenant and title thereto shall vest solely with Tenant (at which time title will revert to Landlord), and Tenant shall have no the sole right in and to (a) the use of the exterior faces of deduct all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premisesdepreciation thereon. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or Tenant.

Appears in 1 contract

Samples: Ground  lease (Embassy Bancorp, Inc.)

Leased Premises. A. Premises (a) The regional development is located in the City of Elizabeth, New Jersey and Building --------------------- is commonly known as "Jersey Gardens" or by such other name as Landlord may from time to time designate. Landlord, in consideration of the rent to be paid and the covenants to be performed by Tenant, does hereby demise and lease to Tenant unto Tenant, and Tenant does hereby rent rents from Landlord for the term herein set forth, those certain premises (herein referred to as the "leased premises") which are deemed described as set forth in the Data Sheet. As used in this Lease, the Addendum and/or Rider, if any, the following terms shall have the following meanings: (i) the term "regional development" shall refer to contain approximately 12,078 rentable the Shopping Center and the sites of the Major Tenants; (ii) the term "Major Tenant" shall refer to any occupant of premises containing 15,000 square feet of space located floor area, or more; and (iii) the term "Shopping Center" shall refer to the regional development excluding the areas occupied by Major Tenants, except as otherwise specifically stated herein. The general layout of the regional development is shown on page 1 of the fifth (5th) floor (hereinafter called attached Exhibit "A". Landlord does not warrant or represent that the "Premises")regional development will be, or has been, constructed exactly as shown thereon. The approximate location of the leased premises is designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the page 2 of Exhibit "BuildingA"). The legal description of the land on which the Building regional development is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located more particularly described on the Land are collectively referred attached Exhibit "B". In the event Landlord elects to herein as enlarge or reduce the "Property." Shopping Center, any additional or reduced area may be included or excluded by Landlord hereby reserves and Tenant shall have no right in and to (a) the use definition of the exterior faces Shopping Center for purposes of all perimeter walls; (b) the use this Lease. This Lease of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting leased premises is upon and subject to the termsall applicable budding restrictions, planning and zoning ordinances, governmental rules and regulations, municipal liens and all other encumbrances, covenants, restrictions and conditions set forth hereineasements affecting the regional development and the terms and provisions of certain declarations, underlying leases, reciprocal easement and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions operating agreements now or hereafter entered into by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or TenantLandlord.

Appears in 1 contract

Samples: Lease (Cinema Ride Inc)

Leased Premises. A. Premises (a) Landlord, in consideration of the Rent (as defined in Section 2.3) to be paid and Building --------------------- Landlord the covenants to be performed by Tenant, does hereby lease and demise to Tenant Tenant, and Tenant does hereby rent rents and hires from Landlord those certain premises for the Term herein set forth, the Leased Premises which are deemed described as set forth in the Data Sheet attached hereto, in the retail development designated as Katy Xxxxx xx by such other name as Landlord may from time to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor time hereafter designate (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "BuildingRetail Development"). The legal description term "State" as used herein shall mean the State or Commonwealth of Texas. For all purposes in this Lease, a "Major Tenant" is any occupant of 20,000 square feet or more of floor area in the Retail Development and a "Major Tenant Space" is any space in the Retail Development containing 20,000 square feet or more. It is agreed that, wherever the term "Shopping Center" is used herein, it shall mean the Retail Development excluding the Major Tenant Spaces, except as otherwise specifically stated herein. Exhibit A sets forth the general layout of the land Retail Development. Landlord does not warrant or represent that the Retail Development or the Leased Premises will be constructed exactly as shown thereon or that it will be completed by a specific date, but Landlord does warrant that the Leased Premises and the Retail Development will have the general configuration shown on Exhibit A. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time, without notice to or consent of Tenant, and without in any manner diminishing Tenant's obligations under this Lease, to make alterations or additions to, and build additional stories on the building in which the Building is situated Leased Premises are located and to build adjoining the same, to construct other buildings and improvements of any type in the Retail Development or the common areas, or any part thereof, including the right to locate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the Retail Development, and to make alterations therein or additions thereto (provided in no event will any kiosk or other structure be located directly in front of the registration desk within the Leased Premises), to build additional stories on any building or buildings within the Retail Development, and to build adjoining thereto, to construct decks or elevated parking facilities and free standing buildings within the parking lot areas of the Retail Development, and to change the size, location, elevation and nature of any of the stores in the Retail Development or the common areas, or any part thereof. In exercising its options hereunder, Landlord agrees to use reasonable efforts (in light of the then existing circumstances) not to materially and unreasonably interfere with the visibility of and access to the Leased Premises from the enclosed mall; it being understood that any structure placed in the common areas shall not block Tenant's signage located on the storefront signband. In the event Landlord elects to enlarge the Retail Development, or any part thereof, any additional area may be included by Landlord in the definition of the Retail Development for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas and the floor area of the Shopping Center shall be accordingly adjusted. The premises leased to Tenant are herein referred to as the "LandLeased Premises") . The approximate location of the Leased Premises is set forth cross-hatched on EXHIBIT A-1 the lease plan of the Retail Development attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use Exhibit A. This Lease of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting Leased Premises is upon and subject to the termsall applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and conditions set forth hereinagreements affecting the Retail Development and the terms and provisions of certain master declaration, reciprocal easement and Tenant covenants as a material part operating agreements now or hereafter entered into by Landlord. Landlord acknowledges that Tenant's customers shall be permitted to queue in the common areas in front of the consideration Leased Premises while waiting for this Lease access to keep the Leased Premises ("Waiting Area"). The Waiting Area shall be in a location designated by Landlord and perform each and all reasonably approved by Tenant, provided said Waiting Area permits Tenant's customers to queue in an orderly manner without obstructing pedestrian traffic in the common areas and/or unreasonably disturbing the operation of other tenants in the Retail Development. In addition to the Leased Premises, Landlord shall grant Tenant a license for a location in the common area of the said termsShopping Center which shall be used by Tenant for the display of a full size stockcar, covenants, and conditions by it to be kept and performedincluding sign tripods ("Display Area"). This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- The location of the Property and Display Area shall not be deemed to selected by Landlord, but such location shall always be a warranty, representation or agreement with in the area labeled on the part of Landlord that the Building or other improvements on the Land will remain Exhibit A-1 as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or Tenant."Display

Appears in 1 contract

Samples: Lease (Silicon Entertainment Inc /Ca/)

Leased Premises. A. Premises (a) Landlord, in consideration of the rent to be paid and Building --------------------- Landlord the covenants to be performed by Tenant, does hereby demise and lease to Tenant unto Tenant, and Tenant does hereby rent rents and hires from Landlord Landlord, those certain premises which are deemed in the regional retail development shown on Exhibit A, subject to contain approximately 12,078 rentable square feet covenants, restrictions and easements of space record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Department Store Sites, and the terms and provisions of the underlying lease, if any. Landlord represents that the foregoing covenants, restrictions and easements of record and the terms of any such reciprocal easement and/or operating agreements will not materially adversely interfere (i) with Tenant's use of the leased premises generally in accordance with the provisions of Section 7.01 hereof nor (ii) with access to the leased premises. It is agreed that the term "regional retail development" as used herein shall mean and refer to the Department Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the fifth (5th) floor (hereinafter called the "Premises"), as designated on the site plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 in Exhibit A attached hereto and made a part hereof The Landhereof, and that the ----------- Building term "Shopping Center" shall, except as otherwise specifically provided herein, mean and any other improvements located refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the Land are collectively enclosed Mall and which may vary at each level of the regional retail development, together with the enclosed Mall (whether or not shaded or hatched). The approximate location of the premises leased to Tenant hereunder is shown in Exhibit A. The legal description of the regional retail development or of the Shopping Center is set forth in Exhibit A or referenced in the Addendum attached hereto and made a part hereof. The leased premises (herein referred to herein as the "Property.leased premises" Landlord hereby reserves and Tenant shall have no right in and to (aor "premises") the use of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions are described as set forth herein, and Tenant covenants as a material part of in the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performedData Sheet attached hereto. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of As used in this Lease, this Lease the term "State" shall automatically terminate without further action by either Landlord or Tenantmean the state in which the Shopping Center is located.

Appears in 1 contract

Samples: Silver Diner Inc /De/

Leased Premises. A. Premises (a) Landlord, in consideration of the Rent (as defined in Section 2.3) to be paid and Building --------------------- Landlord the covenants to be performed by Tenant, does hereby lease and demise to Tenant Tenant, and Tenant does hereby rent rents and hires from Landlord those certain premises for the Term herein set forth, the Leased Premises which are deemed described as set forth in the Data Sheet attached hereto, in the retail development designated as City Mills At Orange or by such other naxx xx Landlord may from time to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor time hereafter designate (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "BuildingRetail Development"). The legal description term "State" as used herein shall mean the State or Commonwealth of California. For all purposes in this Lease, a "Major Tenant" is any occupant of 20,000 square feet or more of floor area in the Retail Development and a "Major Tenant Space" is any space in the Retail Development containing 20,000 square feet or more. It is agreed that, wherever the term "Shopping Center" is used herein, it shall mean the Retail Development excluding the Major Tenant Spaces, except as otherwise specifically stated herein. Exhibit A sets forth the general layout of the land Retail Development. Landlord does not warrant or represent that the Retail Development or the Leased Premises will be constructed exactly as shown thereon or that it will be completed by a specific date. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time, without notice to or consent of Tenant, and without in any manner diminishing Tenant's obligations under this Lease, to make alterations or additions to, and build additional stories on the building in which the Building is situated (Leased Premises are located and to build adjoining the same, to construct other buildings and improvements of any type in the Retail Development or the common areas, or any part thereof, including the right to locate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the Retail Development, and to make alterations therein or additions thereto, to build additional stories on any building or buildings within the Retail Development, and to build adjoining thereto, to construct decks or elevated parking facilities and free standing buildings within the parking lot areas of the Retail Development, and to change the size, location, elevation and nature of any of the stores in the Retail Development or the common areas, or any part thereof. In the event Landlord elects to enlarge the Retail Development, or any part thereof, any additional area may be included by Landlord in the definition of the Retail Development for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas and the floor area of the Shopping Center shall be accordingly adjusted. The premises leased to Tenant are herein referred to as the "LandLeased Premises") . The approximate location of the Leased Premises is set forth cross-hatched on EXHIBIT A-1 the lease plan of the Retail Development attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use Exhibit A. This Lease of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting Leased Premises is upon and subject to the termsall applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and conditions set forth agreements affecting the Retail Development and the terms and provisions of certain master declaration, reciprocal easement and operating agreements now or hereafter entered into by Landlord. Subject to the provisions of Section 5.1, Tenant shall enjoy a non-exclusive easement, right and privilege for Tenant and its customers, employees and invitees and the customers, employees and invitees of any assignee, sublessee, concessionaire or licensee of Tenant, to use the common areas of the Shopping Center, with Landlord and the other tenants and occupants of floor area within the Shopping Center and their respective customers, employees and invitees. Furthermore, Landlord agrees that any additions, alterations or modifications to the Shopping Center by Landlord shall not adversely affect access to, or visibility of the Leased Premises and, except as otherwise provided for herein, and Tenant covenants as a material part shall retain substantially the same relative position with respect to Major Tenants of the consideration for this Lease to keep and perform each and all Shopping Center as of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or TenantDate.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Leased Premises. A. Premises Lessor, for and Building --------------------- Landlord in consideration of the rents, covenants and premises contained in this Agreement and to be kept, performed and observed by Lessee, and subject to the reservations and restrictions contained in this Agreement, does hereby lease and demise to Tenant Lessee, and Tenant Lessee does hereby rent lease and accept from Landlord those certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on Lessor, the fifth surface only (5thbut including submerged lands) floor (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land real property described on Exhibit A, which the Building is situated attached and incorporated by reference (the "Land") is set forth ), and the fixtures and improvements located on EXHIBIT A-1 attached hereto the Land as of the Effective Date, including without limitation all sheds, buildings, docks, wharfs, bulkheads, piers, pilings, dolphins, ramps, warehouses, structures, paving, fences, and made a part hereof The Land, the ----------- Building and any other improvements located on the Land on the Effective Date (collectively, the "Facilities"). The Land, Facilities, and Improvements (once completed, and as defined in Article 8 below) are collectively referred to herein defined as the "Property." Landlord hereby reserves Leased Premises". Within six months after the Effective Date, Lessor and Tenant shall have no right in and Lessee will jointly designate a licensed surveyor to (a) the use perform a survey of the exterior faces Land, the cost of all perimeter walls; (b) which will be shared equally by Lessor and Lessee. Once completed to the use reasonable satisfaction of Lessor and Lessee, the metes and bounds description of the roof; Land prepared by the surveyor will be attached to this Agreement as Exhibit A-1 and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not will be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years description of the date Land. To the extent there are any discrepancies between Exhibit A and Exhibit A-1 with respect to the description of the Land, the information contained in Exhibit A- 1 xxxl control. TO HAVE AND TO HOLD the Leased Premises, together with all rights, privileges, easements, rights of way, appurtenances and other interests belonging to or in any way pertaining to the Leased Premises, subject to the terms of this LeaseAgreement. This Agreement will be subordinate to the deed of trust dated December 16, this Lease shall automatically terminate without further action by either Landlord 1993 to Ellix X. Xxxxxx, Xxustee, recorded at Film Code No. ###-##-#### of the Galveston County real property records (the "Deed of Trust"), which creates a lien against the Leased Premises, and which secures the payment of the $5,400,000.00 Wharves and Terminal Subordinate Lien Revenue Bonds, Series 1993B (the "Bonds") as more fully described in the trust indenture dated as of November 18, 1993, between the City and Texas Commerce Bank, National Association, as Trustee, relating to the Bonds (as it may be renewed, extended, or Tenant.modified, and including any instrument created in lieu of or in substitution thereof, the "Trust Indenture") and any other lien securing payment of the Bonds as they may be renewed, extended, or modified. Lessor will not create any other lien on the

Appears in 1 contract

Samples: Lease and Development Agreement (First Wave Marine Inc)

Leased Premises. A. Premises and Building --------------------- Landlord does hereby lease leases to Tenant Tenant, and Tenant does hereby rent hires and takes from Landlord those certain Landlord, the premises which are deemed to contain approximately 12,078 rentable square feet of space known as Suite C3-6 in their “AS IS CONDITION” (the “Leased Premises”), located at Parcel Nos. 18A-1 Remainder, 18B-1 Remainder and 18B Remainder Estate Sxxxx Bay, Nos. 1, 2 and 3 Red Hook Quarter, St. Txxxxx, U.S. Virgin Islands on the fifth property known as AMERICAN YACHT HARBOR, St. Txxxxx, U.S. Virgin Islands (5th) floor (hereinafter called the "Premises"“Property”), and as designated described and shown more particularly on the plan attached hereto as EXHIBIT Exhibit A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Landapart hereof, which premises extend to the ----------- Building interior of the exterior face of all exterior walls, and any to the center line of those walls separating the Lased Premises from other improvements located on the Land are collectively referred to herein as the "Property." premises in AMERICAN YACHT HARBOR, which Leased Premises, Landlord hereby reserves and Tenant hereby agree, shall have no right be deemed to consist of a Floor Space of ONE THOUSAND ONE HUNDRED SEVENTEEN (1,117) (more or less) square feet for all purposes of this Lease; Subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease; Together with the appurtenances specifically granted in this Lease, but reserving and excepting to the Landlord (i) the use of (a) the use exterior faces of the exterior faces of all perimeter walls; , (b) the use upper surface of the roof; roof and (c) the lower surface of the floor and (ii) the right to install, maintain, use, repair and replace pipes, ducts, conduits and wires which now or hereafter may serve mbar parts of AMERICAN YACHT HARBOR and which now or hereafter may pass through the Leased Premises, so long as such pipes, ducts, conduits and wires are not placed in locations which will materially adversely interfere with Tenant’s use of the land, improvements Leased Premises. Landlord hereby reserves the right at any time and space below the bottom from time to time to make alterations or additions to and to build additional storks on any section of the lower floor slabs buildings comprising AMERICAN YACHT HARBOR and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of build other buildings or Improvements on the Property and shall not be deemed to be a warrantymake alterations thereto or additions thereto and to build additional stories in any such buildings. Notwithstanding the foregoing, representation or agreement on the part of The Landlord and Tenant agree that the Building or other improvements on Lease dated January 27, 2021 between IGY-AYH St. Txxxxx Holdings, LLC and Paradise Yacht Management, LLC for Suite A2-5 is hereby terminated and any provisions that survives the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease terminations thereof shall automatically terminate without further action by either Landlord or Tenantcontinue to survive.

Appears in 1 contract

Samples: Lease (Amphitrite Digital Inc)

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