Common use of Leased Premises Clause in Contracts

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the 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 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, 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 Property, and 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 by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 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)

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Leased Premises. Subject In consideration for the rent to be paid and upon the terms hereinafter set forthcovenants to be performed by Tenant, Landlord does hereby lease and demise leases to Tenant, and Tenant does hereby lease leases from Landlord for the Rental Term and take from Landlordupon the terms and conditions herein set forth, the Leased PremisesPremises described in Section 1.01 (I), located in the office building referred to in Section 1.01(H) (“Building”). The initial 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 described 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 Exhibit A hereto locations which shall not materially interfere with Tenant’s use thereof and in serving other parts of the Lease SupplementsBuilding or buildings are hereby reserved to Landlord. Tenant shall Landlord reserves (a) such access rights through the Leased Premises as may be entitled reasonably necessary to enable access by Landlord to the following balance of the Building and reserved areas and elements as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: set forth above; and (ab) the right to useinstall 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 permit Tenant’s employees 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 use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, 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 Property, and 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 by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and inviteesuse, in common with Landlord others of such unreserved automobile parking spaces, driveways, footways, and other personsfacilities designated for common use within the Building and the Project, except that with respect to use any non-exclusive easements and/or licenses inareas, about 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 appurtenant other restricted parking areas. Tenant shall have the option to utilize the Property, including adjacent parking structure in accordance with the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof provisions of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof1.01(S).

Appears in 3 contracts

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

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the 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 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, 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 Property, and 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 by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the PropertyProject, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the PropertyProject; and (c) all other rights and benefits provided to Tenant with respect to the Property Project pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property Project located outside of the Leased Premises, pursuant to Section 3.5 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. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the 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 2.2 or Section 3.1 below: (aI) the right to use, and permit Tenant Parties and/or the customers, invitees and guests of Tenant or any Tenant Parties, to permit Tenant’s employees and invitees to use use, (ia) on an exclusive basis, the dedicated Tenant-Dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant Areas and (iib) on a non-non- ________________________________________________________________________________________________________________________ exclusive basis (in common with Landlord and other tenants or occupants of the Property, their customers, invitees and their respective employees and inviteesguests), the balance of the Non-Dedicated 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); (bII) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.51.5 hereof, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (cIII) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 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. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the 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 2.2 or Section 3.1 below: (aI) the right to use, and permit Tenant Parties and/or the customers, invitees and guests of Tenant or any Tenant Parties, to permit Tenant’s employees and invitees to use use, (ia) on an exclusive basis, the dedicated Tenant-Dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant Areas and (iib) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, their customers, invitees and their respective employees and inviteesguests), the balance of the Non-Dedicated 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); (bII) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.51.5 hereof, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (cIII) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof).

Appears in 2 contracts

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

Leased Premises. Subject to Landlord demises and upon the terms hereinafter set forth, Landlord does hereby lease and demise leases to Tenant, and Tenant does hereby lease leases and take takes from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto together with the right to use for ingress to and in the Lease Supplements. Tenant shall be entitled to the following as appurtenances to egress from the Leased Premises, all at no cost in common with others, the Common Areas. Landlord has the exclusive right, subject to Tenant, other than as provided any express limitation set forth in Section 2.2 or Section 3.1 below: (a) the right 4.04 and Article XIX hereof, to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basisuse the exterior faces of all perimeter walls of the Building, the dedicated Parking Areas, if any, identified on roof and all air space above the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant Building and (ii) on install, maintain, use, repair and replace pipes, ducts, cables, conduits, plumbing, vents, utility lines and wires to, in, through, above and below the Leased Premises and other parts of the Building. Tenant, or a non-exclusive basis registered architect selected by Tenant, shall have the right to access, review and remeasure the Leased 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 (in common with 2%) or less (higher or lower) from Landlord's figure, 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 other tenants or occupants 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 independent 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 Propertysquare footage is adjusted pursuant to this Article II, and their respective employees and invitees)then the Minimum Rent, Tenant's Operating Costs Share, Tenant's Tax Share, the balance of Tenant Work Allowance (as defined in the Parking Areas Work Agreement attached hereto as Exhibit B) and all any other amounts or terms in this Lease which are based upon 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 square footage of the Leased Premises by shall be retroactively adjusted to reflect such square footage as of the Term Commencement Date. If Tenant for the purposes permitted by Section 1.5, including the right makes any payment of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant Minimum Rent prior to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof final determination of the Building, and other portions rentable square feet of the Property located outside space of the Leased Premises, pursuant and the amount of Minimum Rent payable for such period exceeds the amount previously paid by Tenant, Tenant shall pay the amount of such excess to Section 3.5 hereof)Landlord within thirty (30) days of written demand thereof from 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 the next payment of Minimum Rent due hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Opnet Technologies Inc)

Leased Premises. Subject In consideration for the rent to be paid and upon the terms hereinafter set forthcovenants to be performed by Tenant, Landlord does hereby lease and demise leases to Tenant, and Tenant does hereby lease leases from Landlord for the Rental Term and take from Landlordupon the terms and conditions herein set forth, the premises described in Section 1.01(I) (hereinafter referred to as the “Leased Premises”), located in an office building development referred to in Section 1.01(H) (hereinafter referred to as the “Building”). The initial 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. The exterior walls and roof of the Leased Premises and the areas beneath said Leased Premises are described 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 Exhibit A hereto locations which will 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 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 VIII 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 Lease SupplementsBuilding, 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 be entitled to the following as appurtenances to use of covered parking spaces in accordance with the Leased Premises, all at no cost to Tenant, other than as provided in provisions of Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, 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 Property, and 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 by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof1.01(S).

Appears in 1 contract

Samples: Lease (Lifevantage Corp)

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplementshereto. 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 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements Exhibit A and the elevator lobbies, corridors, restrooms, 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 Property, and 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 by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof).. BBD-1 Separate Lease Form

Appears in 1 contract

Samples: Master Lease Agreement (Gramercy Capital Corp)

Leased Premises. Subject to and upon the terms hereinafter set forth, Leased Premises (a) Landlord does hereby demise and lease and demise to Tenant, Tenant and Tenant does hereby rent and lease and take from Landlord, Landlord the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in (excluding the 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 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements roof and the elevator lobbies, corridors, restrooms, 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 exterior surfaces of the Propertyexterior walls thereof) for the Term, and their respective employees and invitees), the balance subject to all of the Parking terms and conditions of this Lease. License to Use Common 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); Facilities (b) all rights During the Term, Tenant and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including 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 forth 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 Property for the general use in common by all tenants, occupants and users of the Property 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 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 the Basic Lease Information Rider. Tenant and its employees and invitees shall not park in any spaces reserved for another tenant and clearly marked for reserved use. Landlord has and reserves the right to alter the methods used to control parking and the right to establish such controls and rules and regulations (such as parking stickers to be affixed to vehicles) regarding parking that Landlord may deem desirable. Without liability, Landlord will have the right to tow or otherwise remove vehicles improperly parked, blocking ingress or egress lanes, or violating parking rules, at the expense of the offending tenant and/or owner of the vehicle. Tenant’s right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property parking facilities pursuant to this Lease are subject to the following conditions: (including 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 rights granted contents thereof, Tenant hereby agreeing to bear the risk of loss for same; and (ii) if and when so requested by Landlord, Tenant shall furnish Landlord with the license plate numbers of any vehicles of Tenant and its employees and invitees using the parking facilities. Notwithstanding anything to the contrary herein, Landlord shall not be entitled to charge any additional fees for any parking at the Building during the initial Term of this Lease. Relocation of Leased Premises (c) Landlord shall have the right at any time upon one hundred twenty (120) days’ written notice (the “Notice of Relocation”) to relocate the Tenant to use other premises in the roof Building (the “Relocated Premises”) and the following terms and conditions shall be applicable: (i) within thirty (30) days after Tenant’s receipt of 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 BuildingNotice 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 other portions of acting in good faith, may result in early termination as provided in paragraph (i) above; (iii) the Property located outside of Relocated Premises shall contain approximately the same as, or greater Rentable Area than, the Leased Premises, pursuant to Section 3.5 hereof).;

Appears in 1 contract

Samples: Lease (Olb Group, Inc.)

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the 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 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, 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 Property, and 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 by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the PropertyProject, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the PropertyProject; and (c) all other rights and benefits provided to Tenant with respect to the Property Project pursuant to this Lease (including the rights granted to Tenant ________________________________________________________________________________________________________________________ to use the roof of the Building, and other portions of the Property Project located outside of the Leased Premises, pursuant to Section 3.5 hereof).

Appears in 1 contract

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

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the 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 2.2 or Section 3.1 below: (aI) the right to use, and permit Tenant Parties and/or the customers, invitees and guests of Tenant or any Tenant Parties, to permit Tenant’s employees and invitees to use use, (ia) on an exclusive basis, the dedicated Tenant-Dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant Areas and (iib) on a non-non- ________________________________________________________________________________________________________________________ exclusive basis (in common with Landlord and other tenants or occupants of the Property, their customers, invitees and their respective employees and inviteesguests), the balance of the Non-Dedicated 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); (bII) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, hereof, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (cIII) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof).

Appears in 1 contract

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

Leased Premises. Subject Landlord is an Affiliate (as hereafter defined) of Inland American Lodging Woodlands Limited Partnership, an Illinois limited partnership (the “Owner”). Owner owns the Building and has leased the Building to Landlord pursuant to that 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 and upon Tenant hereby leases from Landlord for the rental and on the terms hereinafter and conditions herein set forthforth 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 “Premises”), Landlord does hereby lease and demise to Tenanton the fourteenth floor of the building located at 0000 Xxxx Xxxxxx Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, and known as The Woodlands Waterway Marriott Hotel and Convention Center (the “Building”). Landlord grants Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the 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 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, 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 right to use the Property, and 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 during the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and inviteesTerm, in common with Landlord others and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant subject to the Propertyprovisions of this Lease. “Common Areas” are, including 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 facilities (subject to payment as hereafter provided), walkways, driveways, lobbies, landscaped areas, loading areas, public corridors, public restrooms, stairs and elevators. Subject to 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 any walkwaysthe 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), tunnels, in common with the hotel guests and skywalks connected to the Property; users of meeting and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of conference facilities in the Building, and other portions 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 parking permits, Landlord agrees to make available to Tenant five (5) parking permits, each for the Property located outside of non-exclusive use by a single automobile 24 hours a day and 7 days a week in the Leased Premisesso-called “East Garage”, pursuant which is immediately adjacent to Section 3.5 hereof)the Building.

Appears in 1 contract

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

Leased Premises. Subject to Landlord demises and upon the terms hereinafter set forth, Landlord does hereby lease and demise leases to Tenant, and Tenant does hereby lease and take rents from Landlord, the Leased Premises. The initial Leased Premises are real property described in on Exhibit A “A” attached hereto and incorporated herein and existing improvements thereon (said real property and the buildings and improvements located thereon from time to time herein called the “Property”), located in the Lease Supplements. Tenant shall be entitled Saraland, Alabama; any additions to the following as Property, any loading docks and all other appurtenances to the Leased PremisesProperty, all at no cost parking lots, public walkways, aisles and driveways for ingress and egress to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, said improvements and parking areas and to permit Tenant’s employees and invitees to use (i) on an exclusive basisfrom the streets and highways, the dedicated Parking Areasstorm water retention basin, if any, identified on the Lease Supplements all landscaping, all utility lines and the elevator lobbies, corridors, restrooms, 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 Property, and 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 by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant sewers to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions perimeter walls of the Property located outside of or servicing such improvements, and existing signage, if any (collectively, the Leased Premises”), pursuant to Section 3.5 hereofIN 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) AND ALL OTHER SUMS PAYABLE HEREUNDER BY TENANT SHALL IN NO CASE BE WITHHELD OR DIMINISHED ON ACCOUNT OF ANY DEFECT IN SUCH LEASED PREMISES, ANY CHANGE IN THE CONDITION THEREOF, 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. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises demised hereunder are described in Exhibit A hereto and in the Lease Supplementshereto. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost : the right to Tenant, other than as provided in Section 2.2 or Section 3.1 below: use (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on Exhibit A (b) for Tenant's non-exclusive use, the Lease Supplements and roof of the elevator lobbiesBuilding in accordance with Section 3.5 hereof, corridors(c) for Tenant's exclusive use, the restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on 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 basis (and in common with Landlord and other tenants or occupants of the Property, floors also serviced by such facilities and their respective employees (d) for use in common with Landlord and invitees), the balance other tenants or occupants of the Parking Areas 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 (excluding Areas" and "Floor Common Areas" in the Measurement Standard, systems the "Common Areas") 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 by Tenant for the purposes permitted by Section 1.51.5 hereof including, including but not limited to, the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the PropertyProject, including but not limited to the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)Project.

Appears in 1 contract

Samples: Master Lease Agreement (American Financial Realty Trust)

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Leased Premises. Subject to the terms, covenants and upon the terms hereinafter set forthconditions of this Lease, Landlord does hereby lease and demise leases to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the 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 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, 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 Property, and 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 by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including have the non-exclusive right to use any walkwaysuse, tunnelstogether with other tenants in the Facility, the lobbies, corridors, elevators, stairways and other public areas of the Facility and the Property (collectively, the "Common Areas"), and skywalks connected 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 (ca) 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 benefits provided to Tenant with respect to the Property pursuant to remedies of Landlord under this Lease (including Tenant's obligation to indemnify, defend and hold Landlord harmless as set forth in 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 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 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 granted to Tenant to use and remedies of Landlord as set forth in the roof immediately foregoing two paragraphs of this Section 2.1, the terms and conditions of the Buildingindemnity 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 other portions 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 Property located outside 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 Leased Premises, pursuant to statements made in this Section 3.5 hereof).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. Subject Landlord hereby leases to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, Tenant and Tenant does hereby lease and take leases from LandlordLandlord that certain parcel of real estate containing approximately 8.66 acres located on Xxxx X0, the Leased Premises. The initial Leased Premises are X0, X0 & X0 xx Xxxxx Xxxxxx Xxxxxxxx Center in Vanderburgh County, Indiana, described in Exhibit A attached hereto and in the Lease Supplements. Tenant shall be entitled 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 following Real Estate and/or on, over and across any adjacent or abutting parcels, whether owned by Landlord or otherwise, and all permits and approvals therefor (the “Real Estate”), the building (the “Building”) to be constructed by Landlord thereon, shown and described on Exhibit A-1 (“Site 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 Real Estate, Building and Improvements are collectively referred to as appurtenances the “Leased Premises”, and the boundary description of the Leased Premises is outlined on the Site Plan attached hereto. Notwithstanding the foregoing or anything in this Lease to the Leased Premisescontrary, all at no cost within ten (10) days after execution of this Lease, Landlord shall deliver to Tenant, other than as provided in Section 2.2 or Section 3.1 belowTenant the following: (a) the right to usecurrent owner’s title insurance policy, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, 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 including copies of the Property, and 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)any exceptions thereto; (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment current survey of the Leased Premises by Tenant for the purposes permitted by Section 1.5Real Estate, including the right location of Tenantall easements, its employees and inviteesrights of way, in common with Landlord and other persons, to use any non-exclusive easements above and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnelsbelow ground utilities, and skywalks connected to metes and bounds description of the Propertyboundary lines of the Real Estate; and (c) all other rights and benefits provided to Tenant platted subdivision or proposed plat of subdivision (if applicable) with respect to the Property pursuant balance of any property owned by Landlord and adjacent to this Lease or abutting the Leased Premises but not otherwise herein Leased to Tenant; (including the rights granted to Tenant to use the roof d) existing environmental assessments of the BuildingReal Estate and any 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 (e) evidence of Landlord’s proper and lawful formation, good standing and other portions authority to enter into the Lease with Tenant (the “Due Diligence Documents”). In the 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 Property located outside Real Estate, Tenant shall provide Landlord with written notice thereof and Landlord shall be obligated to cure any and all such objections prior to the Commencement Date. Notwithstanding the foregoing, in the event the said objections are of a type that may not reasonably be cured within such time period, or are otherwise not susceptible to cure, Tenant shall have the Leased Premises, pursuant right to Section 3.5 hereof)terminate this Lease.

Appears in 1 contract

Samples: Lease (Shoe Carnival Inc)

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. 1.1 The initial Leased Premises are described in Exhibit A hereto and in the 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 2.2 or Section 3.1 below: consist of (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, 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 Property, and 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 Kamine Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental tothe Advance Premises, the use Sprint Premises, the SAS Premises and enjoyment the Storage Space (together with the Kamine Premises, sometimes collectively referred to herein as the "Entire Leased Premises"), as, if and when such portions of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of are delivered to Tenant, its employees and invitees, (c) together in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant subject to the Propertyexisting rights and those other rights granted from time to time by Landlord to others, including the non-exclusive right to use any walkwaysthe Common Areas (hereinafter defined) and (d) together in common with other tenants of Landlord, tunnelsall easements, appurtenances, hereditaments, fixtures and rights and privileges appurtenant thereto including, without limitation, those set forth in the Master Deed. Notwithstanding anything herein to the contrary, the Leased Premises does not include, and skywalks connected to Landlord excludes therefrom, the Property; exterior walls and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions as well as the land beneath the Building. Upon the delivery, if ever, of the Property located outside Entire Leased Premises to Tenant and for so long as Tenant leases the Entire Leased Premises, Area A and Area B (each as hereinafter defined) shall be deemed to be a part of the Leased PremisesPremises and, pursuant Tenant shall have the right to Section 3.5 hereofmodify the existing use of Area A and Area B, so long as (i) such modifications comply with all Governmental Requirements and the provisions of Paragraph 19 herein, and 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 same condition as they are in on the date of this Lease, prior to the earliest of the following: (x) the Expiration Date, (y) any termination of this Lease in accordance with the terms hereof or (z) the date on which any portion of the Entire Leased Premises is no longer leased by

Appears in 1 contract

Samples: Agreement (KMC Telecom Holdings Inc)

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises demised hereunder are described in Exhibit A hereto and in the Lease Supplementshereto. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost : the right to Tenant, other than as provided in Section 2.2 or Section 3.1 below: use (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any(b) for Tenant's non-exclusive use, identified on the Lease Supplements and roof of the elevator lobbiesBuilding in accordance with Section 3.5 hereof, corridors(c) for Tenant's exclusive use, the restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on 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 basis (and in common with Landlord and other tenants or occupants of the Property, floors also serviced by such facilities and their respective employees (d) in common with Landlord and invitees), the balance other tenants or occupants of the Parking Areas 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 (excluding Areas" and "Floor Common Areas" in the Measurement Standard, systems the "Common Areas") 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 by Tenant for the purposes permitted by Section 1.51.5 hereof including, including but not limited to, the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the PropertyProjects, including but not limited to the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)Projects.

Appears in 1 contract

Samples: Master Lease Agreement (American Financial Realty Trust)

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplementshereto. 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 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements Exhibit A and the elevator lobbies, corridors, restrooms, 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 Property, and 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 by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof).

Appears in 1 contract

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

Leased Premises. Subject Landlord hereby leases to Tenant those certain portions of the rooftop of a building (the “Building”) located at the Site Address indicated on the first page of this Agreement and upon 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 terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, “Leased Premises” or “Premises”). In connection with the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in , Landlord also hereby grants to Tenant a royalty-free, irrevocable license coterminous with the Lease Supplements. Term (as defined hereinafter), inclusive of the Tenant shall be entitled Removal Period (as defined hereinafter), to other portions of the following as appurtenances Building and the land on which the Building is located (collectively, the “Property”) that are necessary and appropriate for (i) Tenant’s access to the Leased Premises, all at no cost including ingress and egress rights to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and Property; (ii) on a non-exclusive basis (in common with Landlord the delivery, temporary storage and other tenants or occupants staging of materials, equipment and the components of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas Solar Array (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 Buildingsas defined hereinafter); (biii) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment interconnection of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant Solar Array to the Propertyelectrical infrastructure of the local electric utility, including which may include but is not limited to access to the non-exclusive right to use any walkways, tunnels, electrical room of the Building and skywalks connected to the transformer on the Property; and (civ) all other rights related and benefits provided ancillary uses that from time to Tenant time may be useful or necessary in connection with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof siting, erection, construction, reconstruction, installation, replacement, relocation, removal, operation, repair and maintenance of the BuildingSolar Array on the Premises (collectively in the case of (i), (ii), (iii) and other portions (iv), the “Licensed Area”); provided, however, that any such use or occupancy of the Property located outside foregoing Licensed Areas by Tenant shall not unreasonably interfere with Landlord’s or Landlord’s tenants, if any, use of the Leased Premises, pursuant to Section 3.5 hereof)Property.

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. Subject Landlord hereby leases to Tenants, and upon the terms hereinafter set forth, Landlord does Tenants jointly and severally hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased property excluding attic, ROOFS of any structure on Premises, all at no cost to Tenantfireplace and located at: Gainesville, other than as provided in Section 2.2 or Section 3.1 below: Florida (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on which is a non-exclusive basis (smoking unit) together with the following equipment and appliances: Oven-range, Refrigerator, Smoke detectors, Fire 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 appliances located thereon or attached thereto, is hereinafter collectively referred to as the “Premises”. All persons signing this agreement, as Tenant or as signatories in common with Landlord and other tenants the capacity of a parent or occupants guardian guaranteeing the obligations of the PropertyTenants, shall be Tenants hereunder, whether named above or not, and their respective employees said persons agree to be jointly and invitees)severally liable for any and all obligations created hereunder. The parties expressly agree, however, that the balance failure on the part of the Parking Areas and all Landlord to obtain the other Common Areas (excluding Floor Common Areassignature of a guarantor shall not affect the liability of any Tenant who has already executed this lease. Tenants obligations to provide guaranties, 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 toproof of income, or necessary or incidental to, the use pay security deposit are stipulated and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, understood not to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant constitute conditions precedent to this Lease (including being fully effective and binding on undersigned Tenants but are requirements which must be met before Tenants can physically occupy the rights granted Premises; the failure of any or all undersigned Tenants to provide any such requirement shall not operate to void or negate this Lease or Tenants’ monetary obligations in any way. If a guaranty is required by Landlord or executed on behalf of Tenant it shall be the Tenants obligation to use the roof notify any/all guarantor(s) of the Buildingany renewal, and other portions modification or execution of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)this Lease or any subsequent Lease agreements.

Appears in 1 contract

Samples: Residential Lease Agreement

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the 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 2.2 or Section 3.1 below: (a) During the right 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 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 use, and become effective as of the Closing Date. The draft Facilities Plan will contain the following elements with respect to permit Tenant’s employees and invitees to use each of the Scheduled Facilities: (i) on an exclusive basisthe estimated number of Business Employees (and, after the Service Date, the dedicated Parking Areasestimated number of Transferred Employees) to be sited at each of the geographical locations at which there is a Scheduled Facility (the "Locations"), if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, 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 the estimated cost of providing physical separation of the PropertyBusiness Employees (and, after the Service Date, the Transferred Employees) from any co-located employees of Sellers, and their respective employees a recommendation as to the feasibility and invitees)usefulness of physical separation, (iii) the lease expiration date, the balance 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 vacate the Scheduled Facility, (v) a review of the Parking Areas advantages and all the other Common Areas (excluding Floor Common Areas, systems disadvantages to Sellers and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights Sellers' Affiliates and benefits appurtenant to, or necessary or incidental to, the use and enjoyment to Purchaser of the Leased Premises 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 Tenant for the purposes permitted Seller and Sellers' Affiliates or by Section 1.5Purchaser, including the right cost of Tenantsuch a relocation and the likely term of occupancy of the alternate location, its employees (vi) a recommendation, with associated costs to Sellers and inviteesSellers' Affiliates and to Purchaser, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof continued housing of the BuildingBusiness Employees at the Location (whether in the Scheduled Facilities or alternate facilities mutually acceptable to the Sellers and Sellers' Affiliates and to Purchaser), and (vii) such other portions 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 either (i) approve the Property located outside of Facilities Plan, in whole or in part, with or without modifications, or (ii) reject the Leased Premises, pursuant to Section 3.5 hereof)Facilities Plan or parts thereof.

Appears in 1 contract

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

Leased Premises. Subject The LESSOR hereby leases to the LESSEE and upon the terms hereinafter set forth, Landlord does LESSEE hereby lease leases from the LESSOR approximately 5,133 rentable square known as Suite 306 and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and as defined in the Lease SupplementsSchedule listed below in section 2 of this agreement and identified on Exhibit A, located at 000 Xxxxxx Xxxxxx, Maynard, MA (hereinafter referred to as 141 Xxxxxx). Tenant The LESSEE shall be entitled have as appurtenant to (and to the following as appurtenances to extent necessary for the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (auses permitted hereunder) 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, relocate, repair and replace pipes, ducts, conduits, wires, fixtures, facilities, meters and equipment for service to permit Tenant’s employees or in the Leased Premises or to 141 Xxxxxx; also to relocate any other Facility, and invitees to use (i) on an exclusive basis, grant easements or other rights in the dedicated Parking Common Areas, if anynecessary. All changes shall be reasonable, identified on to require that the Lease Supplements and the elevator lobbies, corridors, restrooms, 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 changes can not unreasonably infringe upon LESSEE’S business operation or occupants use of the Property, leased premises and their respective employees and invitees), the balance shall require advance notice. The LESSEE shall not 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 Parking Areas and all granting of such easements so long as LESSOR does not diminish 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 LESSEE’S right to quiet enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, and its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnelscontemplated operation as an office suite, and skywalks connected to the Property; for general office use incident thereto and (c) all for no other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)purposes.

Appears in 1 contract

Samples: Commercial Lease (Telemynd, Inc.)

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