Common use of Applicable Law and Construction Clause in Contracts

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the laws of the state where the Property is located without regard to principles of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 6 contracts

Samples: Lease Agreement (Vertex Pharmaceuticals Inc / Ma), Lease Agreement (Vertex Pharmaceuticals Inc / Ma), Lease Agreement (Senior Housing Properties Trust)

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Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where or district in which the Property is located without regard to principles and if any provisions of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, (i) each of such persons or parties shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them and (ii) Landlord may require that all notices, requests, demands, consents, approvals or other communications delivered by Tenant under the Lease must be executed by each person or party named as Tenant herein. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffectiveof Tenant's rights under this Lease. The enumeration reference contained to successors and assigns of specific examples Tenant is not intended to constitute a consent to assignment by Tenant. Except as otherwise set forth in this Lease, any obligations of a general provision Tenant (including, without limitation, rental and other monetary obligations, repair and maintenance obligations and obligations to indemnify Landlord), shall survive the expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant's failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of this Lease). WITNESS the execution hereof under seal on the day and year first above written. Landlord: TRUSTEES OF 0 XXXXXXX XXXX REALTY TRUST By: /s/ XXXX X. XXXXX ------------------------------------------------- Name: Xxxx X. Xxxxx Title: Trustee as aforesaid and not individually Tenant: PREDIX PHARMACEUTICALS HOLDINGS, INC. By: /s/ XXXXXXX X. XXXXXXXX ------------------------------------------------- Its President By: /s/ CHEN XXXXX ------------------------------------------------- Its Chief Business Officer EXHIBIT A FLOOR PLANS EXHIBIT A-1 SITE PLAN EXHIBIT B RULES AND REGULATIONS 1. The sidewalks, entrances, passages, corridors, vestibules, halls, elevators or stairways in or about the Building shall not be construed as a limitation obstructed by Tenant. 2. Tenant shall not place objects against glass partitions, doors or windows which would be unsightly from the Building corridor or from the exterior of the general provisionBuilding. Unless No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or fixed by Tenant on any window or part of the outside or inside of the Buildings without prior consent of Landlord. 3. Tenant shall not place a party’s approval load upon any floor of the Building exceeding the lesser of the floor load which such floor was designed to carry or consent is required that allowed by law. 4. Tenant shall not waste electricity or water in the Building and shall cooperate fully with Landlord to assure the most effective operation of the Building HVAC system. All regulating and adjusting of HVAC equipment shall be done by the express terms Landlord's agents or employees. 5. No additional or different locks or bolts shall be affixed on doors by Tenant. Tenant shall return all keys to Landlord upon termination of this Lease Tenant's lease. Tenant shall not to be unreasonably withheldallow peddlers, such approval solicitors or consent may be withheld beggars in the party’s sole discretionBuilding and shall report such persons to the Landlord's agent. 6. The submission No bicycles, vehicles or animals of a form any kind shall be brought into or kept in or about the Premises. No space in the Building shall be used for manufacturing or for the sale of this Lease merchandise of any kind at auction or any summary of its terms for storage thereof preliminary to such sale. 7. Tenant shall not constitute an offer by engage or pay any employees of the Building without approval from the Landlord. Tenant shall not employ any persons other than the janitor or employees of Landlord to Tenant; but a leasehold shall only be created and for the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by purpose of cleaning Premises without the holder prior written consent of Landlord. 8. All removals from the Building or the carrying in or out of the Building or the Premises of any mortgage freight, furniture or bulky matter of the Premises having any description must take place at such time and in such manner as Landlord may determine from time to time. Landlord reserves the right to approve this Lease. Nothing herein shall inspect all freight to be construed as creating brought into the relationship between Landlord Building and Tenant to exclude from the Building all freight which violates any of principal the rules and agent, regulations or provisions of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentTenant's lease.

Appears in 3 contracts

Samples: Lease (Predix Pharmaceuticals Holdings Inc), Lease Agreement (EPIX Pharmaceuticals, Inc.), Lease (EPIX Pharmaceuticals, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, counterpart copies and shall be governed by and construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by instrument in accordance with the laws of the state where the Property is located without regard to principles The Commonwealth of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyMassachusetts. If any provisions provision shall to any extent be invalid, the remainder of this Lease shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way with respect to the Premises and supersedes all prior agreements and dealings between themthem with respect thereto. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the PremisesLease. This Lease may be amended only by an instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express its terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional, time always being of the essence to any options; and if Tenant purports to condition the exercise of any option or vary its terms in any manner, then the option granted will automatically and immediately become null and void and the purported exercise will be ineffective. This Lease and all consents, notices and other related instruments may be reproduced by any party by photographic, microfilm, microfiche or other reproduction process and the originals thereof may be destroyed; and each party agrees that reproductions will be admissible in evidence to the same extent as the original itself in and judicial or administrative proceeding (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and further reproduction will likewise be admissible. The titles of the several Articles and Sections are for convenience only, and shall not be considered a part hereof. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentTenant.

Appears in 3 contracts

Samples: Lease Agreement (Olink Holding AB (Publ)), Lease Agreement (Olink Holding AB (Publ)), Lease (Netezza Corp)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles Commonwealth of choice Massachusetts and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in of Tenant’s rights, and the performance of any mannerand all of Tenant’s obligations, then the purported exercise shall be ineffectiveunder this Lease. The enumeration reference contained to successors and assigns of specific examples Tenant is not intended to constitute a consent to assignment by Tenant. Except as otherwise set forth in this Lease, any obligations of a general provision Tenant (including, without limitation, rental and other monetary obligations, repair and maintenance obligations and obligations to indemnify Landlord), shall survive the expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant’s failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of this Lease). WITNESS the execution hereof under seal on the day and year first above written. Landlord: RMR West LLC By: /s/ Xxxxx X. Xxxxxxxxx Xxxxx X. Xxxxxxxxx President Tenant: Reit Management & Research LLC By: /s/ Xxxxxxxx X. Xxxxxxx Xxxxxxxx X. Xxxxxxx Senior Vice President 1. The sidewalks, entrances, passages, corridors, vestibules, halls, elevators or stairways in or about the Building shall not be construed as a limitation obstructed by Tenant. 2. Tenant shall not place objects against glass partitions, doors or windows which would be unsightly from the Building corridor or from the exterior of the general provisionBuilding. Unless No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or fixed by Tenant on any window or part of the outside or inside of the Buildings without prior consent of Landlord. 3. Tenant shall not place a party’s approval load upon any floor of the Building exceeding the lesser of the floor load which such floor was designed to carry or consent is required that allowed by law. 4. Tenant shall not waste electricity or water in the Building and shall cooperate fully with Landlord to assure the most effective operation of the Building HVAC system. All regulating and adjusting of HVAC equipment shall be done by the express terms Landlord’s agents or employees. 5. No additional or different locks or bolts shall be affixed on doors by Tenant. Tenant shall return all keys to Landlord upon termination of this Lease Tenant’s lease. Tenant shall not to be unreasonably withheldallow peddlers, such approval solicitors or consent may be withheld beggars in the partyBuilding and shall report such persons to the Landlord’s sole discretionagent. 6. The submission of a form of this Lease or any summary of its terms Tenant shall not constitute an offer by Landlord use the Premises so as to Tenant; but a leasehold shall only be created and cause any increase above normal insurance premiums on the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder Building. 7. No bicycles, vehicles or animals of any mortgage kind shall be brought into or kept in or about the Premises. No space in the Building shall be used for manufacturing or for the sale of merchandise of any kind at auction or for storage thereof preliminary to such sale. 8. Tenant shall not engage or pay any employees of the Building without approval from the Landlord. Tenant shall not employ any persons other than the janitor or employees of Landlord for the purpose of cleaning Premises having without the prior written consent of Landlord. 9. All removals from the Building or the carrying in or out of the Building or the Premises of any freight, furniture or bulky matter of any description must take place at such time and in such manner as Landlord may determine from time to time. Landlord reserves the right to approve this Leaseinspect all freight to be brought into the Building and to exclude from the Building all freight which violates any of the rules and regulations or provisions of Tenant’s lease. 10. Nothing herein shall be construed as creating Normal Building Operating Hours are 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays excluding New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day (and the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or applicable weekday when any relationship other than landlord and tenant. This Lease and all consents, notices, approvals such day occurs on a weekend day) and all other related documents federal, state, county or municipal holidays and all Sundays, except that Landlord reserves the option (at its sole election) to expand or alter Normal Building Operating Hours. Any day (other than a Saturday) on which Normal Building Operating Hours shall occur shall be a “Business Day”. 11. Tenant shall cooperate with Landlord in minimizing loss and risk thereof from fire and associated perils. 12. Tenant shall, at Tenant’s expense, provide artificial light and electric current for the Landlord and/or its contractors, agents and employees during the making of repairs, alterations, additions or improvements in or to the demised premises. 13. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed and constructed and no sweepings, rubbish, rags, acid or like substance shall be deposited therein. All damages resulting from any misuse of the fixtures shall be borne by Tenant. 14. Tenant may request HVAC service outside of Normal Building Operating Hours by submitting a request in writing to the Building Manager’s office by noon of the preceding workday. 15. Landlord reserves the right to establish, modify and enforce parking rules and regulations. 16. All refuse from the Premises shall be reproduced disposed of in accordance with the requirements established therefor by Landlord and no dumpster shall be overloaded by Tenant. 17. Landlord reserves the right at any time to rescind, alter or waive any rule or regulation at any time prescribed for the Building and to impose additional rules and regulations when in its judgment Landlord deems it necessary, desirable or proper for its best interest and for the best interest of tenants and other occupants and invitees thereof. No alteration or waiver of any rule or regulation in favor of one tenant shall operate as an alteration or waiver in favor of any other tenant. Landlord shall not be responsible to any tenant for the non-observance or violation by any party by other tenant however resulting of any electronic means rules or by facsimile, photographic, microfilm, microfiche or other reproduction process and regulations at any time prescribed for the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentBuilding.

Appears in 2 contracts

Samples: Lease Agreement (RMR Group Inc.), Lease Agreement (Reit Management & Research Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the laws of the state where the Property is located without regard to principles of choice of law or conflicts of law. A facsimile or electronic signature affixed to this Lease shall be sufficient to prove the execution by a party. The covenants of Landlord and Tenant are independent, and such covenants shall be construed as such in accordance with the laws of The Commonwealth of Massachusetts. If any provisions shall provision of this Lease or the application thereof to any extent person or circumstance is for any reason held to be invalid, the remainder of this Lease (or the remainder of such provision) and the application thereof to other persons or circumstances shall not be affectedaffected thereby. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 1312. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the option granted shall be void and the purported exercise shall be ineffective. Time is of the essence of this Lease and each of its provisions. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision, and the term “including” shall be deemed to mean “including, without limitation”. As used in this Lease, the term “Business Day” shall mean any day other than a Saturday, Sunday, or day on which commercial banks in Boston, Massachusetts are authorized or required by law to remain closed. Unless a party’s approval or consent is required by the express terms of this Lease to not to be unreasonably withheld, conditioned or delayed, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, agent or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 2 contracts

Samples: Lease (C4 Therapeutics, Inc.), Lease (C4 Therapeutics, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where in which the Property is located without regard to principles of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyPremises are located. If any provisions shall term, covenant, condition or provision of this Lease or the application thereof to any extent person or circumstances shall be invaliddeclared invalid or unenforceable by the final ruling of a court of competent jurisdiction having final review, the remainder remaining terms, covenants, conditions and provisions of this Lease and their application to persons or circumstances shall not be affected. Other than contemporaneous instruments executed affected thereby and delivered of even date, if any, this Lease contains all shall continue to be enforced and recognized as valid agreements of the parties, and in the place of such invalid or unenforceable provision, there shall be substituted a like, but valid and enforceable provision which comports to the findings of the aforesaid court and most nearly accomplishes the original intention of the parties. There are no oral or written agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the PremisesLease. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially Unless repugnant to the preparation of this Lease. If Tenant is granted any extension or other optioncontext, to be effective the exercise (words "Landlord" and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to "Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for " appearing in this Lease shall exceed be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one tenant, the maximum interest permitted under controlling law, as established obligations imposed by final judgment of a court, then such interest this Lease upon Tenant shall instead be at the maximum permitted interest rate as established by such judgmentJoint and several.

Appears in 2 contracts

Samples: Office Lease Agreement (Call Points Inc), Office Lease Agreement (Vialog Corp)

Applicable Law and Construction. This Lease may be executed in counterparts, counterpart copies and shall be governed by and construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by instrument in accordance with the laws of the state where the Property is located without regard to principles State of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyKansas. If any provisions provision shall to any extent be invalid, the remainder of this Lease shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way with respect to the Premises and supersedes all prior agreements and dealings between themthem with respect thereto. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the PremisesLease. This Lease may be amended only by an instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s 's approval or consent is required by the express its terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s 's sole discretion. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional, time always being of the essence to any options; and if Tenant purports to condition the exercise of any option or vary its terms in any manner, then the option granted will automatically and immediately become null and void and the purported exercise will be ineffective. This Lease and all consents, notices and other related instruments may be reproduced by any party by photographic, microfilm, microfiche or other reproduction process and the originals thereof may be destroyed; and each party agrees that reproductions will be admissible in evidence to the same extent as the original itself in and judicial or administrative proceeding (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and further reproduction will likewise be admissible. The titles of the several Articles and Sections are for convenience only, and shall not be considered a part hereof. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentTenant.

Appears in 2 contracts

Samples: Lease (Dayton Superior Corp), Lease (Dayton Superior Corp)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles Commonwealth of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyMassachusetts. If any provisions shall term, covenant, condition or provision of this Lease or the application thereof to any extent person or circumstances shall be invaliddeclared invalid or unenforceable by the final ruling of a court of competent jurisdiction having final review, the remainder remaining terms, covenants conditions and provisions of this Lease and their application thereof to persons or circumstances shall not be affected. Other than contemporaneous instruments executed affected thereby and delivered of even date, if any, this Lease contains all shall continue to be enforced and recognized as valid agreements of the parties, and in the place of such invalid or unenforceable provision, there shall be substituted a like, but valid and enforceable, provision which comports to the findings of the aforesaid court and most nearly accomplishes the original intention of the parties. There are no prior oral or written agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the PremisesLease. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially Unless repugnant to the preparation of this Lease. If Tenant is granted any extension or other optioncontext, to be effective the exercise (words "Landlord" and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to "Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for " appearing in this Lease shall exceed be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those holding title or claiming through or under them respectively. If there be more than one tenant the maximum interest permitted under controlling law, as established obligations imposed by final judgment this Lease upon Tenant shall be joint and several. Time is of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentessence with respect to all terms and conditions of this Agreement.

Appears in 2 contracts

Samples: Lease Agreement (Arqule Inc), Lease (Arqule Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles State of choice Florida and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed by Landlord and delivered Tenant. The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall have no right to the Premises hereunder until the execution and delivery hereof by both Landlord and Tenant. The provisions of this Lease Except as herein otherwise provided, the terms hereof shall bind Landlord and Tenant and their respective successors and assigns, be binding upon and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted the successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part respectively, of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and, if Tenant shall be an individual, upon and materially to the preparation his heirs, executors, administrators, successors and assigns. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any mannerof Tenant’s rights, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder performance of any mortgage and all of the Premises having the right to approve Tenant’s obligations, under this Lease. Nothing herein shall be construed The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment by Tenant. Except as creating the relationship between Landlord otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and Tenant of principal other monetary obligations, repair and agent, or of partners or joint venturers or any relationship other than landlord maintenance obligations and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of businessobligations to indemnify Landlord), and that any further reproduction shall survive the expiration or earlier termination of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentLease.

Appears in 2 contracts

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

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the laws of the state where the Property is located without regard to principles of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. The covenants of Landlord and Tenant are independent, and such covenants shall be construed as such in accordance with the laws of the state where the Property is located. If any provisions shall to any extent be invalid, the remainder shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this the Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the option granted shall be void and the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this LeaseTenant. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment. The term “Term” includes the Initial Term as it may be extended pursuant to Section 3.03.

Appears in 2 contracts

Samples: Lease Agreement (Keros Therapeutics, Inc.), Lease Agreement (Keros Therapeutics, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the laws of the state where the Property is located without regard to principles of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. The covenants of Landlord and Tenant are independent, and such covenants shall be construed as such in accordance with the laws of the state where the Property is located. If any provisions shall to any extent be invalid, the remainder shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this the Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the option granted shall be void and the purported exercise shall be ineffective. The enumeration of specific examples of a general provision provisions shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage mortgagee of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment. The term “Term” includes the Initial Term as it may be extended pursuant to Section 3.03.

Appears in 2 contracts

Samples: Lease Agreement (Xenetic Biosciences, Inc.), Lease Agreement (Xenetic Biosciences, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the (a) The laws of the state where State of Ohio shall govern the Property is located without regard validity, performance and enforcement of this Lease. The submission of this document for examination does not constitute an offer to principles lease or a reservation of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements becomes effective only upon the execution and dealings between them. There are no oral agreements between delivery thereof by the Landlord and Tenant relating to this Lease or the PremisesTenant. This Lease may not be amended only modified or altered, except as expressly granted herein. This Lease has been negotiated by instrument in writing executed and delivered by both Landlord and Tenant. The , and the Lease, together with all the terms and provisions hereof, shall not be deemed to have been prepared by either Landlord or Tenant, but by both equally. (b) Should any court or agency determine that any provision, term or condition of this Lease is void and/or unenforceable, such provision, term or condition shall be severed herefrom and the remainder of this Lease shall bind Landlord remain in full force and effect. (c) Tenant shall have no right to quit the Premises or cancel or rescind this Lease except as said right is expressly granted herein. This Lease shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, and shall inure to . (d) The headings of the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles several paragraphs contained herein are for convenience only and shall do not define, limit or construe the contents of such paragraphs. (e) Time is declared to be considered a part of the essence in all provisions of this Lease. . (f) This Lease shall not be construed more strictly against one party than against constitutes the other merely by virtue of the fact that it may have been prepared primarily by counsel for one entire agreement of the parties. All previous negotiations, it being recognized that both Landlord representations and Tenant have contributed substantially agreements, including prior lease agreements, concerning the Premises, Building and materially to the preparation of Site are merged into this Lease. If Tenant is granted any extension or other option, to be effective the exercise (Lease and notice thereof) shall be unconditional; void unless expressly incorporated herein. All prior lease agreements are hereby terminated and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created no further force and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmenteffect.

Appears in 2 contracts

Samples: Lease Agreement (Affymetrix Inc), Lease Agreement (Affymetrix Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where or district in which the Property Complex is located without regard to principles and if any provisions of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons are named as Tenant herein, each of such persons shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having com menced proceedings against any other of them. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve 's rights under this Lease. Nothing herein The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment of Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair obligations and obligations to indemnify Landlord), shall be construed as creating survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant's failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of businessthis Lease), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 2 contracts

Samples: Lease Agreement (Signal Pharmaceuticals Inc), Lease Agreement (Signal Pharmaceuticals Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where or district in which the Property Complex is located without regard to principles and if any provisions of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, (i) each of such persons or parties shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them and (ii) Landlord may require that all notices, requests, demands, consents, approvals or other communications delivered by Tenant under the Lease must be executed by each person or party named as Tenant herein. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffectiveof Tenant's rights under this Lease. The enumeration reference contained to successors and assigns of specific examples Tenant is not intended to constitute a consent to assignment of a general provision Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair obligations and obligations to indemnify Landlord), shall survive the expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant's failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of this Lease). WITNESS the execution hereof under seal on the day and year first above written. Landlord: Hub Properties Trust By: /s/ XXXXXXXX X. XXXXX Xxxxxxxx X. Xxxxx Senior Vice President Tenant: DexCom, Inc. By: /s/ XXXXXX XXXXXX Name: Xxxxxx Xxxxxx Title: CFO, Assistant Secretary 1. The sidewalks, entrances and driveways in or about the Complex shall not be construed as a limitation obstructed by Tenant or used by Tenant for any purpose other than for access to the Premises and the Complex. 2. Tenant shall not place objects against glass partitions, doors or windows which would be unsightly from the exterior of the general provisionBuilding. Unless No signs, advertisements, placards, pictures, names, notices, or lettering shall be exhibited, inscribed, painted or fixed by Tenant on any window or outside or inside of the Building or Complex without the prior consent of Landlord. 3. All window coverings shall be of a party’s uniform shape, color, material and design as prescribed by Landlord and approved by Tenant, such approval or consent is required by the express terms of this Lease not to be unreasonably withheld, . 4. Tenant shall not place a load upon any floor of the Building exceeding the lesser of the floor load which such approval floor was designed to carry or consent may that allowed by law. 5. No additional or different locks or bolts shall be withheld affixed on doors by Tenant without reasonable prior notice to Landlord and without providing Landlord with copies thereof. Tenant shall return all keys to Landlord upon termination of Tenant's lease. 6. Tenant shall not use the Premises so as to cause any increase above normal insurance premiums on the Building. 7. No vehicles or animals (except a seeing-eye dog) shall be brought into or kept in or about the Premises. No space in the party’s sole discretionBuilding shall be used for the sale of merchandise of any kind at auction or for storage thereof preliminary to such sale. 8. Tenant shall not engage or pay any employees of the Complex without approval from the Landlord. 9. Tenant shall cooperate with Landlord in minimizing loss and risk thereof from fire and associated perils. 10. Tenant shall, at Tenant's expense, provide artificial light and electric current for the Landlord and/or its contractors, agents and employees during the making of repairs, alterations, additions or improvements in or to the Premises. 11. The submission of a form of this Lease or any summary of its terms water and wash closets and other plumbing fixtures shall not constitute an offer be used for any purposes other than those for which they were designed and constructed. Any equipment or apparatus within the Premises, including, without limitation, x-ray effluent drains, shall be maintained by Tenant throughout the term hereof, at Tenant's sole cost and expense. 12. Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having reserves the right to approve this Leaseestablish, modify and enforce parking rules and regulations, provided the same are reasonable, consistent with the type of parking rules in effect in comparable office parks in the San Diego area, and apply uniformly to all tenants of the Complex. 13. Nothing herein All refuse from the Premises shall be construed as creating disposed of in accordance with the relationship between requirements established therefor by Landlord for the Complex. 14. Except for the use of coffee makers and microwave ovens, no cooking shall be done or permitted by Tenant of principal and agenton the Premises. 15. No smoking is allowed in the Building (including the Premises) or any other building or structure in the Complex. 16. No Tenant shall make, or permit to be made, any noises which shall disturb or interfere with occupants of partners the Complex. 17. The requirements of Tenant to which it is entitled hereunder will be attended to only upon application at the Building office. Employees of Landlord shall not perform any work or joint venturers do anything outside of their regular duties unless under special written instructions from Landlord, and no employee will admit any person (Tenant or otherwise) to any office, or sign acceptance of delivery for any Tenant, without written specific instructions from Tenant. 18. Landlord reserves the right at any time to rescind, alter or waive any rule or regulation at any time prescribed for the Building and to impose additional rules and regulations when in its judgment reasonably exercised Landlord deems it necessary, desirable or proper for its best interest and for the best interest of tenants and other occupants and invitees thereof. No alteration or waiver of any rule or regulation in favor of one Tenant shall operate as an alteration or waiver in favor of any other Tenant. Landlord shall not be responsible to any Tenant for the non-observance or violation by any other Tenant however resulting of any rules or regulations at any time prescribed for the Complex. In the event of any conflict between these Rules and Regulations, or any relationship other than landlord further or modified rules and tenant. This Lease and all consentsregulations from time to time issued by Landlord, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; Lease provisions, the Lease provisions shall govern and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentcontrol.

Appears in 2 contracts

Samples: Lease Agreement (Dexcom Inc), Lease Agreement (Dexcom Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where or district in which the Property is located without regard to principles and if any provisions of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, (i) each of such persons or parties shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them and (ii) Landlord may require that all notices, requests, demands, consents, approvals or other communications delivered by Tenant under the Lease must be executed by each person or party named as Tenant herein. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a partyTenant’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve rights under this Lease. Nothing herein The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment by Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair and maintenance obligations and obligations to indemnify Landlord), shall be construed as creating survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant’s failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of businessthis Lease), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 1 contract

Samples: Lease (Liquid Holdings Group, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where or district in which the Property is located without regard to principles and if any provisions of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, (i) each of such persons or parties shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them and (ii) Landlord may require that all notices, requests, demands, consents, approvals or other communications delivered by Tenant under the Lease must be executed by each person or party named as Tenant herein. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a partyTenant’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve rights under this Lease. Nothing herein The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment by Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair and maintenance obligations and obligations to indemnify Landlord), shall be construed as creating survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant’s failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenantthis Lease). This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.GSDOCS\2096218.11

Appears in 1 contract

Samples: Lease (Performance Technologies Inc \De\)

Applicable Law and Construction. This Lease may be executed in counterparts, counterpart copies and shall be governed by and construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by instrument in accordance with the laws of the state where the Property is located without regard to principles The Commonwealth of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyVirginia. If any provisions provision shall to any extent be invalid, the remainder of this Lease shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way with respect to the Premises and supersedes all prior agreements and dealings between themthem with respect thereto. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the PremisesLease. This Lease may be amended only by an instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express its terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional, time always being of the essence to any options; and if Tenant purports to condition the exercise of any option or vary its terms in any manner, then the option granted will automatically and immediately become null and void and the purported exercise will be ineffective. This Lease and all consents, notices and other related instruments may be reproduced by any party by photographic, microfilm, microfiche or other reproduction process and the originals thereof may be destroyed; and each party agrees that reproductions will be admissible in evidence to the same extent as the original itself in and judicial or administrative proceeding (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and further reproduction will likewise be admissible. The titles of the several Articles and Sections are for convenience only, and shall not be considered a part hereof. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentTenant.

Appears in 1 contract

Samples: Lease Agreement (Catcher Holdings, Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the laws of the state where the Property is located without regard to principles of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. The covenants of Landlord and Tenant are independent, and such covenants shall be construed as such in accordance with the laws of the state where the Property is located. If any provisions shall to any extent be invalid, the remainder shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and TenantXxxxxx. The provisions of this Lease shall bind Landlord and Tenant Xxxxxx and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this the Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the option granted shall be void and the purported exercise shall be ineffective. The enumeration of specific examples of a general provision provisions shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant Xxxxxx and approved by the holder of any mortgage mortgagee of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment. The term “Term” includes the Initial Term as it may be extended pursuant to Section 3.03.

Appears in 1 contract

Samples: Lease Agreement (Curis Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where or district in which the Property Complex is located without regard to principles and if any provisions of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, (i) each of such persons or parties shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them and (ii) Landlord may require that all notices, requests, demands, consents, approvals or other communications delivered by Tenant under the Lease must be executed by each person or party named as Tenant herein. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a partyTenant’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve rights under this Lease. Nothing herein The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment of Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair obligations and obligations to indemnify Landlord), shall be construed as creating survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant’s failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal this Lease). WITNESS the execution hereof under seal on the day and agentyear first above written. Landlord: Hub Properties Trust By: /s/ Xxxxxxxx X. Xxxxx Xxxxxxxx X. Xxxxx Senior Vice President Tenant: DexCom, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.Inc. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: C.F.O.

Appears in 1 contract

Samples: Lease Agreement (Dexcom Inc)

Applicable Law and Construction. This Lease may be executed electronically and in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the laws of the state where the Property is located without regard to principles of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyThe covenants of Landlord and Tenant are independent. If any provisions shall to any extent be invalid, the remainder shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns. Where the phrases “persons acting under” Landlord or Tenant or “persons claiming through” Landlord or Tenant or similar phrases are used, subject to Article 13the persons included shall be assignees, sublessees, licensees or other Transferees or successors of Landlord or Tenant as well as invitees or independent contractors of Landlord or Tenant, and all of the respective employees, servants, contractors, agents and invitees of Landlord, Tenant and any of the foregoing. As used herein, “monetary default” shall mean a default that can be substantially cured by the payment of money and “non-monetary default” shall mean a default that cannot be substantially cured by the payment of money. The titles are for convenience only and shall not be considered a part of this the Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation formation of this Lease. If Tenant is granted any extension extension, election or other option, to be effective the exercise (and notice thereof) shall be unconditional, irrevocable and must be made strictly in accordance with the prescribed terms and times; and if Tenant purports to condition the exercise of any option or to vary otherwise its terms in any manner, then the purported exercise shall be void and ineffective. The enumeration of specific examples of a general provision provisions or use of the word “including” shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, conditioned or delayed, such approval or consent may be withheld withheld, conditioned or delayed in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage mortgagee of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimileelectronic, photographic, microfilm, microfiche photographic or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment. Landlord and Tenant expressly agree that there are and shall be no implied warranties of merchantability, habitability, suitability, fitness for a particular purpose or of any other kind arising out of this Lease, and there are no warranties or representations other than those expressly set forth in this Lease.

Appears in 1 contract

Samples: Lease (Wells Real Estate Fund Xiv Lp)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where or district in which the Property is located without regard to principles and if any provisions of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly aclcnowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall document for examination and negotiation does not constitute an offer by Landlord to Tenant; but lease, or a leasehold reservation of, or option for, the Premises, and Tenant shall only be created have no right to the Premises hereunder until the execution and the parties bound when this Lease is executed and delivered delivery hereof by both Landlord and Tenant and approved by Tenant. Except as herein otherwise provided, the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agentrepresentations, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consentswarranties, noticesterms, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.covenants and

Appears in 1 contract

Samples: Lease Agreement (Clear Skies Solar, Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, counterpart copies and shall be governed by and construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by instrument in accordance with the laws of the state where the Property is located without regard to principles The Commonwealth of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyMassachusetts. If any provisions provision shall to any extent be invalid, the remainder of this Lease shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way with respect to the Premises and supersedes all prior agreements and dealings between themthem with respect thereto. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the PremisesLease. This Lease may be amended only by an instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s 's approval or consent is required by the express its terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s 's sole discretiondiscretion- If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional, time always being of the essence to any options; and if Tenant purports to condition the exercise of any option or vary its terms in any manner, then the option granted will automatically and immediately become null and void and the purported exercise will be ineffective. This Lease and all consents, notices and other related instruments may be reproduced by any party by photographic, microfilm, microfiche or other reproduction process and the originals thereof may be destroyed; and each party agrees that reproductions will be admissible in evidence to the same extent as the original itself in and judicial or administrative proceeding (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and further reproduction will likewise be admissible. The titles of the several Articles and Sections are for convenience only, and shall not be considered a part hereof. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentTenant.

Appears in 1 contract

Samples: Lease Agreement (Circe Biomedical Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles State of choice Maryland and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth {B2323618; 13} in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any mannerof Tenant’s rights, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder performance of any mortgage and all of the Premises having the right to approve Tenant’s obligations, under this Lease. Nothing herein The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment by Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair and maintenance obligations and obligations to indemnify Landlord), shall be construed as creating survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant’s failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of businessthis Lease), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 1 contract

Samples: Lease Agreement (Pc Tel Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles Commonwealth of choice Massachusetts and, if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the There are no oral or written agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the Premises. Lease, This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially Unless repugnant to the preparation of this Lease. If Tenant is granted any extension or other optioncontext, to be effective the exercise (words "Landlord" and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to "Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for " appearing in this Lease shall exceed be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one tenant the maximum obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written. Landlord: /s/ signature illegible /s/ signature illegible as trustees Tenant: EXTEL/JWP INFORMATION SYSTEMS, INC. By /s/ signature illegible Its [EXHIBIT C NOT SHOWN] EXHIBIT D --------- RULES AND REGULATIONS --------------------- 1. The sidewalks, entrances, passages, corridors, vestibules, halls, elevators or stairways in or about the Building shall not be obstructed by Tenant. 2. Tenant shall not place objects against glass partitions, doors or windows which would be unsightly from the Building corridor or from the exterior of the Building. 3. Tenant shall not waste electricity or water in the Building premises and shall cooperate fully with Landlord to assure the most effective operation of the Building heating and air conditioning systems. All regulating and adjusting of heating and air conditioning apparatus shall be done by the Landlord's agents or employees. 4. Tenant shall not use the Premises so as to cause any increase above normal insurance premiums on the Building. 5. No bicycles, vehicles or animals of any kind shall be brought into or kept in or about the Premises. No space in the Building shall be used for manufacturing or for the sale of merchandise of any kind at auction or for storage thereof preliminary to such sale. 6. Tenant shall cooperate with Landlord in minimizing loss and risk thereof from fire and associated perils. 7. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed and constructed and no sweepings, rubbish, rags, acid or like substance shall be deposited therein. All damages resulting from any misuse of the fixtures shall be borne by the Tenant. 8. Landlord reserves the right to establish, modify and enforce reasonable parking rules and regulations, provided such rules and regulations do not diminish Tenant's rights under the Lease. 9. Landlord reserves the right at any time to rescind, alter or waive any rule or regulation at any time prescribed for the Building and to impose additional reasonable rules and regulations when in its judgment deems it necessary, desirable or proper for its best interest permitted and for the best interest of the tenants and no alteration or waiver of any rule or regulation in favor of one tenant shall operate as an alteration or waiver in favor of any other tenant, provided such rules and regulations do not diminish Tenant's rights under controlling law, as established the Lease. Landlord shall not be responsible to any tenant for the nonobservance or violation by final judgment any other tenant however resulting of a court, then such interest shall instead be any rules or regulations at any time prescribed for the maximum permitted interest rate as established by such judgment.Building. [EXHIBIT E NOT SHOWN] 54 FIRST AMENDMENT TO LEASE ------------------------

Appears in 1 contract

Samples: Lease (Entex Information Services Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the laws of the state where the Property is located The Commonwealth of Massachusetts without regard to principles of choice of law or conflicts of law. A facsimile or electronic signature affixed to this Lease shall be sufficient to prove the execution by a party. The covenants of Landlord and Tenant are independent, and such covenants shall be construed as such in accordance with the laws of The Commonwealth of Massachusetts. If any provisions shall provision of this Lease or the application thereof to any extent person or circumstance is for any reason held to be invalid, the remainder of this Lease (or the remainder of such provision) and the application thereof to other persons or circumstances shall not be affectedaffected thereby. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 1312. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the option granted shall be void and the purported exercise shall be ineffective. Time is of the essence of this Lease and each of its provisions. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision, and the term “including” shall be deemed to mean “including, without limitation”. As used in this Lease, the term “Business Day” shall mean any day other than a Saturday, Sunday, or day on which commercial banks in Boston, Massachusetts are authorized or required by law to remain closed. Unless a party’s approval or consent is required by the express terms of this Lease to not to be unreasonably withheld, conditioned or delayed, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, agent or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 1 contract

Samples: Lease Agreement (Kala Pharmaceuticals, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, counterpart copies and shall be governed by and construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by instrument in accordance with the laws of the state where the Property is located without regard to principles The Commonwealth of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyMassachusetts. If any provisions provision shall to any extent be invalid, the remainder of this Lease shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way with respect to the Premises and supersedes all prior agreements and dealings between themthem with respect thereto. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the PremisesLease. This Lease may be amended only by an instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express its terms of this Lease not to be unreasonably withheld, conditioned or delayed, such approval or consent may be withheld in the party’s sole discretion. If Tenant is granted any extension or other option, time always shall be of the essence with respect to any such options. This Lease and all consents, notices and other related instruments may be reproduced by any party by photographic, microfilm, microfiche or other reproduction process and the originals thereof may be destroyed; and each party agrees that reproductions will be admissible in evidence to the same extent as the original itself in and judicial or administrative proceeding (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and further reproduction will likewise be admissible. The titles of the several Articles and Sections are for convenience only, and shall not be considered a part hereof. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentTenant.

Appears in 1 contract

Samples: Lease Agreement (Vistaprint LTD)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles Commonwealth of choice Massachusetts and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premisesaffected thereby. This Lease may be amended executed in multiple counterparts, including by electronic signature or DocuSign, each of which shall constitute an original instrument but all of which shall constitute one and the same agreement. Tenant expressly acknowledges and agrees that Landlord has not made and is not making, and Tenant, in executing and delivering this Lease, is not relying upon, any warranties, representations, promises or statements, except to the extent that the same are expressly set forth in this Lease or in any other written agreement which may be made between the parties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13Txxxxx. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Txxxxx. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any mannerof Tenant’s rights, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder performance of any mortgage and all of the Premises having the right to approve Tenant’s obligations, under this Lease. Nothing herein The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment by Txxxxx. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair and maintenance obligations and obligations to indemnify Landlord), shall be construed as creating survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant’s failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of businessthis Lease), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, counterpart copies and shall be governed by and construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by instrument in accordance with the laws of the state where the Property is located without regard to principles State of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyOhio. If any provisions provision shall to any extent be invalid, the remainder of this Lease shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way with respect to the Premises and supersedes all prior agreements and dealings between themthem with respect thereto. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the PremisesLease. This Lease may be amended only by an instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s 's approval or consent is required by the express its terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s 's sole discretion. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional, time always being of the essence to any options; and if Tenant purports to condition the exercise of any option or vary its terms in any manner, then the option granted will automatically and immediately become null and void and the purported exercise will be ineffective. This Lease and all consents, notices and other related instruments may be reproduced by any party by photographic, microfilm, microfiche or other reproduction process and the originals thereof may be destroyed; and each party agrees that reproductions will be admissible in evidence to the same extent as the original itself in and judicial or administrative proceeding (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and further reproduction will likewise be admissible. The titles of the several Articles and Sections are for convenience only, and shall not be considered a part hereof. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentTenant.

Appears in 1 contract

Samples: Lease (Dayton Superior Corp)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the laws of the state where the Property is located The Commonwealth of Massachusetts without regard to principles of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. The covenants of Landlord and Tenant are independent, and such covenants shall be construed as such in accordance with the laws of The Commonwealth of Massachusetts. If any provisions shall to any extent be invalid, the remainder shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13Section VI. Where the phrases “persons acting under” Landlord or Tenant or “persons claiming through” Landlord or Tenant or similar phrases are used, the persons included shall be assignees, sublessees, licensees or other transferees or successors of Landlord or Tenant as well as invitees or independent contractors of Landlord or Tenant, and all of the respective employees, servants, contractors, agents and invitees of Landlord, Tenant and any of the foregoing. As used herein, “non-monetary default” shall mean a default which cannot be substantially cured by the payment of money. The titles are for convenience only and shall not be considered a part of this the Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the option granted shall be void and the purported exercise shall be ineffective. The enumeration of specific examples of a general provision provisions shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this LeaseTenant. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 1 contract

Samples: Lease Agreement (Digitas Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where or district in which the Property is located without regard to principles and if any provisions of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, (i) each of such persons or parties shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them, and (ii) any notices, requests, demands, consents, approvals or other communications delivered by Tenant under the Lease which are not executed by each person or party named as Tenant herein may be deemed void, if Landlord shall so elect. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in of Tenant’s rights, and the performance of any mannerand all of Tenant’s obligations, then the purported exercise shall be ineffectiveunder this Lease. The enumeration reference contained to successors and assigns of specific examples Tenant is not intended to constitute a consent to assignment by Tenant. Except as otherwise set forth in this Lease, any obligations of a general provision shall not be construed as a limitation of Landlord or Tenant arising, or relating to events occurring, during the general provision. Unless a party’s approval or consent is required by the express terms term of this Lease not (including, without limitation, rental and other monetary obligations, repair obligations and obligations to be unreasonably withheldindemnify or reimburse the other), such approval shall survive the expiration or consent may be withheld in earlier termination of the party’s sole discretion. The submission of a form term of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 1 contract

Samples: Lease (Curis Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, counterpart copies and shall be governed by and construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by instrument in accordance with the laws of the state where the Property is located without regard to principles The Commonwealth of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyMassachusetts. If any provisions provision shall to any extent be invalid, the remainder of this Lease shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way with respect to the Premises and supersedes all prior agreements and dealings between themthem with respect thereto. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the PremisesLease. This Lease may be amended only by an instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffectiveXxxxxx. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s 's approval or consent is required by the express its terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s 's sole discretion. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional, time always being of the essence to any options; and if Tenant purports to condition the exercise of any option or vary its terms in any manner, then the purported exercise will be ineffective. This Lease and all consents, notices and other related instruments may be reproduced by any party by photographic, microfilm, microfiche or other reproduction process and the originals thereof may be destroyed; and each party agrees that reproductions will be admissible in evidence to the same extent as the original itself in and judicial or administrative proceeding (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and further reproduction will likewise be admissible. The titles of the several Articles and Sections are for convenience only, and shall not be considered a part hereof. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentTenant.

Appears in 1 contract

Samples: Lease Agreement (Boston Technology Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles State of choice California and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of this Lease. If the successors and assigns, respectively, of Landlord and Tenant is granted any extension or other optionand, to be effective the exercise (and notice thereof) if Tenant shall be unconditional; an individual, upon and if Tenant purports to condition his heirs, executors, administrators, successors and assigns. Time is of the essence with respect to the exercise of any option or to vary its terms in of Tenant’s rights, and the performance of any mannerand all of Tenant’s obligations, then the purported exercise shall be ineffectiveunder this Lease. The enumeration reference contained to successors and assigns of specific examples Tenant is not intended to constitute a consent to assignment by Tenant. Except as otherwise set forth in this Lease, any obligations of a general provision shall not be construed as a limitation of Tenant which arise during the general provision. Unless a party’s approval or consent is required by the express terms term of this Lease not and by their nature would survive the expiration of this Lease (including, without limitation, obligations to be unreasonably withheld, such approval or consent may be withheld in pay rental and other monetary obligations for periods during the party’s sole discretion. The submission of a form term of this Lease or any summary Tenant’s occupancy of its terms shall not constitute an offer by Landlord the Premises, repair and maintenance obligations attributable to the term or Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage ’s occupancy of the Premises having and obligations to indemnify Landlord), shall survive the right to approve expiration or earlier termination of this Lease. Nothing herein shall be construed as creating the relationship between Landlord , and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant’s failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentLease.

Appears in 1 contract

Samples: Lease (Prometheus Biosciences, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where or district in which the Property is located without regard to principles and if any provisions of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, each of such persons or parties shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve 's rights under this Lease. Nothing herein The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment of Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair obligations and obligations to indemnify Landlord), shall be construed as creating survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant's failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of businessthis Lease), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 1 contract

Samples: Lease (Perficient Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles State of choice California and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall document for examination and negotiation does not constitute an offer by Landlord to Tenant; but lease, or a leasehold reservation of, or option for, the Premises, and Tenant shall only be created have no right to the Premises hereunder until the execution and the parties bound when this Lease is executed and delivered delivery hereof by both Landlord and Tenant Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and approved by shall inure to the holder of any mortgage benefit of the Premises successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, (a) each of such persons or parties shall be jointly and severally liable for the obligations of Tenant hereunder, and Landlord may proceed against anyone without first having the right commenced proceedings against any other of them, and (b) any notices, requests, demands, consents, approvals or other communications delivered by Tenant under this Lease which are not executed by each person or party named as Tenant herein may be deemed void, if Landlord shall so elect. Each term and each provision of this Lease to approve this Lease. Nothing herein be performed by Tenant shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may to be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.both an independent

Appears in 1 contract

Samples: Lease Agreement (Archer Aviation Inc.)

Applicable Law and Construction. This Lease may be executed in counterpartsone or more counterpart signature pages (all of which when signed shall constitute a single agreement), shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the laws of the state where the Property is located The Commonwealth of Massachusetts without regard to principles of choice of law or conflicts of law. A An electronic, digital, or facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision, and the use of “including” shall be deemed to mean “including without limitation”. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this LeaseTenant. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers venturers, or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 1 contract

Samples: Lease Agreement (Cerevel Therapeutics Holdings, Inc.)

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Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where or district in which the Property is located without regard to principles and if any provisions of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any mannerof Tenant’s rights, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder performance of any mortgage and all of the Premises having the right to approve Tenant’s obligations, under this Lease. Nothing herein shall be construed The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment by Tenant. Except as creating the relationship between Landlord otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and Tenant of principal other monetary obligations, repair and agent, or of partners or joint venturers or any relationship other than landlord maintenance obligations and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of businessobligations to indemnify Landlord), and that any further reproduction shall survive the expiration or earlier termination of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentLease.

Appears in 1 contract

Samples: Lease Agreement (Cerecor Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where or district in which the Property is located without regard to principles and if any provisions of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, (i) each of such persons or parties shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them and (ii) Landlord may require that all notices, requests, demands, consents, approvals or other communications delivered by Tenant under the Lease must be executed by each person or party named as Tenant herein. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a partyTenant’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve rights under this Lease. Nothing herein The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment of Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair and maintenance obligations and obligations to indemnify Landlord), shall be construed as creating survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant’s failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of businessthis Lease), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 1 contract

Samples: Lease (Cuisine Solutions Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles Commonwealth of choice Massachusetts and, if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the There are no oral or written agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the PremisesLease. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially Unless repugnant to the preparation of this Lease. If Tenant is granted any extension or other optioncontext, to be effective the exercise (words "Landlord" and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms "Tenant" appearing in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written: Landlord: MTP LIMITED PARTNERSHIP By: Middlesex Turnpike Corp., general partner By: /s/ Xxxxx X. Xxxxxxxx -------------------------------- Xxxxx X. Xxxxxxxx President Tenant: ACME PACKET, INC. /s/ Xxxxx Xxxxxxx ----------------------------------- By: Xxxxx Xxxxxxx Its: Chief Financial Officer Hereunto duly authorized EXHIBIT A PLAN SHOWING THE PREMISES [GRAPHIC] EXHIBIT B PLAN SHOWING LANDLORD'S WORK [GRAPHIC] Landlord, at its expense will perform the following work: Demolish the walls highlighted in yellow on the above plan. Complete the exterior construction of the main entrance and front corner of the building. Carpet the existing offices on the North Avenue Side with the same new carpet as creating the relationship between open office area on the North Avenue Side. Remove and dispose of the remaining "old" carpeting on the Route 3 Side and replace with a combination of the same new carpet as the North Avenue Side or vinyl floor tile depending on the Tenant's requirement. Any upgrades to the carpet or vinyl tile will be accommodated through the execution by Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made a Work Change Order in the regular course form attached hereto as Exhibit C. Remove and dispose of business)the "old", 2' x 4' fluorescent light fixtures on the Route 3 Side and that any further reproduction replace with new energy-efficient, 2' x 4', paracube fixtures subject to the Tenant's requirement. Any upgrades to the lighting fixtures will be accommodated through the execution by Landlord and Tenant of such reproduction shall likewise be admissible. If any payment a Work Change Order in the nature of interest provided for in this form attached hereto as Exhibit C. EXHIBIT B-1 SPACE PLAN SHOWING TENANT'S WORK [GRAPHIC] EXHIBIT C WORK CHANGE ORDER Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.Date: Date: -------------------- ----------------------------------

Appears in 1 contract

Samples: Lease (Acme Packet Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles State of choice Texas and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, (i) each of such persons or parties shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them, and (ii) any notices, requests, demands, consents, approvals or other communications delivered by Tenant under this Lease which are not executed by each person or party named as Tenant herein may be deemed void, if Landlord shall so elect. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any mannerof Tenant’s rights, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder performance of any mortgage and all of the Premises having the right to approve Tenant’s obligations, under this Lease. Nothing herein shall be construed The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment by Tenant. Except as creating the relationship between Landlord otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and Tenant of principal other monetary obligations, repair and agent, or of partners or joint venturers or any relationship other than landlord maintenance obligations and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of businessobligations to indemnify Landlord), and that any further reproduction shall survive the expiration or earlier termination of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentLease.

Appears in 1 contract

Samples: Lease Agreement (Stellar Acquisition III Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, counterpart copies and shall be governed by and construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by instrument in accordance with the laws of the state where the Property is located without regard to principles State of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyIllinois. If any provisions provision shall to any extent be invalid, the remainder of this Lease shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way with respect to the Premises and supersedes all prior agreements and dealings between themthem with respect thereto. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the PremisesLease. This Lease may be amended only by an instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s 's approval or consent is required by the express its terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s 's sole discretion. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional, time always being of the essence to any options; and if Tenant purports to condition the exercise of any option or vary its terms in any manner, then the option granted will automatically and immediately become null and void and the purported exercise will be ineffective. This Lease and all consents, notices and other related instruments may be reproduced by any party by photographic, microfilm, microfiche or other reproduction process and the originals thereof may be destroyed; and each party agrees that reproductions will be admissible in evidence to the same extent as the original itself in and judicial or administrative proceeding (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and further reproduction will likewise be admissible. The titles of the several Articles and Sections are for convenience only, and shall not be considered a part hereof. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentTenant.

Appears in 1 contract

Samples: Lease (Dayton Superior Corp)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles Commonwealth of choice Massachusetts and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any mannerof Tenant’s rights, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder performance of any mortgage and all of the Premises having the right to approve Tenant’s obligations, under this Lease. Nothing herein The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment by Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair and maintenance obligations and obligations to indemnify Landlord), shall be construed as creating survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant’s failure to satisfy any such obligation {B1878467; 2} - 27 - (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal this Lease). WITNESS the execution hereof under seal on the day and agent, or of partners or joint venturers or any relationship other than landlord and tenantyear first above written. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.Landlord: RMR West LLC By: /s/ Xxxxx X. Xxxxxxxxx Xxxxx X. Xxxxxxxxx President Tenant: Sonesta International Hotels Corporation By: /s/ Xxxxxx Xxxxxx Xxxxxx Xxxxxx President

Appears in 1 contract

Samples: Lease Agreement (AlerisLife Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the laws of the state where the Property is located without regard to principles of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. The covenants of Landlord and Tenant are independent, and such covenants shall be construed as such in accordance with the laws of The Commonwealth of Massachusetts. If any provisions shall to any extent be invalid, the remainder shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns. Where the phrases “persons acting under” Landlord or Tenant or “persons claiming through” Landlord or Tenant or similar phrases are used, subject to Article 13the persons included shall be assignees, sublessees, licensees or other Transferees or successors of Landlord or Tenant as well as invitees or independent contractors of Landlord or Tenant, and all of the respective employees, servants, contractors, agents and invitees of Landlord, Tenant and any of the foregoing. As used herein, “non-monetary default” shall mean a default that cannot be substantially cured by the payment of money. The titles are for convenience only and shall not be considered a part of this the Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the option granted shall be void and the purported exercise shall be ineffective. The enumeration of specific examples of a general provision provisions shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage mortgagee of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment. Landlord and Tenant expressly agree that there are and shall be no implied warranties of merchantability, habitability, suitability, fitness for a particular purpose or of any other kind arising out of this Lease, and there are no warranties that extend beyond those expressly set forth in this Lease.

Appears in 1 contract

Samples: Lease (Rapid Micro Biosystems, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles Commonwealth of choice Massachusetts and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any mannerof Tenant’s rights, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder performance of any mortgage and all of the Premises having the right to approve Tenant’s obligations, under this Lease. Nothing herein The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment by Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair and maintenance obligations and obligations to indemnify Landlord), shall be construed as creating survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant’s failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal this Lease). WITNESS the execution hereof under seal on the day and agentyear first above written. Landlord: Bulfinch Square Limited Partnership By: Courthouse Associates, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consentsInc., noticesits general partner By: /s/ Xxxxxxx Xxxxx Xxxxxxx Xxxxx Vice President Tenant: Leap Therapeutics, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.Inc. /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: CFO

Appears in 1 contract

Samples: Lease Agreement (Leap Therapeutics, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the laws of the state where the Property is located without regard to principles of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. The covenants of Landlord and Tenant are independent, and such covenants shall be construed as such in accordance with the laws of the State of Connecticut. If any provisions shall to any extent be invalid, the remainder shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. As used herein, “non-monetary default” shall mean a default that cannot be substantially cured by the payment of money. The titles are for convenience only and shall not be considered a part of this the Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the option granted shall be void and the purported exercise shall be ineffective. The enumeration of specific examples of a general provision provisions shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage mortgagee of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment. The term “Term“ includes the Initial Term as it may be extended pursuant to Section 3.03.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Alexion Pharmaceuticals Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles Commonwealth of choice Massachusetts and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any mannerof Tenant’s rights, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder performance of any mortgage and all of the Premises having the right to approve Tenant’s obligations, under this Lease. Nothing herein shall be construed The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment by Tenant. Except as creating otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair and maintenance obligations and obligations to indemnify Landlord), stall survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant’s failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or termination of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of businessthis Lease), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 1 contract

Samples: Lease Agreement (Amylyx Pharmaceuticals, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where or district in which the Property Complex is located without regard to principles and if any provisions of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons are named as Tenant herein, each of such persons shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve 's rights under this Lease. Nothing herein The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment of Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair obligations and obligations to indemnify Landlord), shall be construed as creating survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant's failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of businessthis Lease), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 1 contract

Samples: Lease Agreement (Signal Pharmaceuticals Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles State of choice California and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Each party expressly acknowledges and delivered of even dateagrees that the other has not made and is not making, if anyand in executing and delivering this Lease, this Lease contains all of the agreements between Landlord and Tenant relating in neither party is relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of this Leasethe successors and assigns, respectively, of Landlord and Tenant. If Tenant Time is granted any extension or other option, of the essence with respect to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffectiveof Tenant’s rights under this Lease. The enumeration reference contained to successors and assigns of specific examples Tenant is not intended to constitute a consent to assignment by Tenant. This Lease may be executed in multiple counterparts, each of a general provision which shall not be construed as a limitation constitute an original, but all of which taken together shall constitute one and the general provisionsame agreement. Unless a party’s approval or consent is required by the express terms The exchange of executed copies of this Lease not to be unreasonably withheld, such approval and of signature pages by email or consent may be withheld in the party’s sole discretion. The submission of a form other electronic means shall constitute effective execution and delivery of this Lease or any summary of its terms shall not constitute an offer by Landlord as to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage may be used in lieu of the Premises having original Lease for all purposes. Signatures of the right to approve this Lease. Nothing herein parties transmitted by email or other electronic means shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and deemed to be their original signatures for all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentpurposes.

Appears in 1 contract

Samples: Lease (Surgalign Holdings, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles Commonwealth of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyMassachusetts. If any provisions shall term, covenant, condition or provision of this Lease or the application thereof to any extent person or circumstances shall be declared invalid, or unenforceable by the remainder final ruling of a court of competent jurisdiction having final review, the remaining terms, covenants, conditions and provisions of this Lease and their application to persons or circumstances shall not be affectedaffected thereby and shall continue to be enforced and recognized as valid agreements of the parties, and in the place of such invalid or unenforceable provision, there shall be substituted a like, but valid and enforceable provision which comports to the findings of the aforesaid court and must nearly accomplishes the original intention of the parties. Other than contemporaneous instruments executed and delivered It is the intention of even date, the parties hereto that if any, any provision of this Lease contains all is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall be construed in accordance with the construction which renders the provision valid. There are no oral or written agreements between Landlord and Tenant relating in any way to affecting this Lease. This Lease represents the Premises entire Agreement between the parties and supersedes all prior agreements it is agreed that no representations, warranties or understandings other than those expressly set forth herein, have been made, and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premisesif so made, were neither material nor relied upon. This Lease may be amended modified only by instrument instruments in writing executed and delivered by both Landlord and Tenant, and no act or omission of any employee or agent of the Landlord shall alter, charge or modify any of the provisions hereof. It shall be an absolute condition precedent in each instance that such written modification be produced before either party may legally assert, rely upon or establish any modification of this Lease. The provisions titles of the several Articles contained herein are included for convenience and reference only and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify and/or add to the interpretation, construction, or meaning of any provision of, or the scope or intent of, this Lease Lease. The words "Landlord" and "Tenant" and the pronouns referring thereto, as used in this Lease, shall bind mean, where the context requires or admits, the persons named herein as the Landlord and Tenant as the Tenant, respectively, and their respective heirs, legal representatives, subsidiaries, successors and assigns, and shall inure to the benefit irrespective of Landlord and its successors and assigns and of Tenant and its permitted successors and assignswhether singular or plural, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the partiesmasculine, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension feminine or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentneuter.

Appears in 1 contract

Samples: Lease Agreement (Bruker Daltonics Inc)

Applicable Law and Construction. This Lease may be executed in ------------------------------- counterparts. The covenants of Landlord and Tenant are independent, and such covenants shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by such in accordance with the laws of the state where the Property is located without regard to principles of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyPremises are located. If any provisions shall to any extent be invalid, the remainder shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns. Where the phrases persons acting under Landlord or Tenant" or "persons claiming through Landlord or Tenant" or similar phrases are used, subject to Article 13the persons included shall be invitees of Landlord or Tenant or any transferee or independent contractor of Landlord or Tenant and all of their respective employees, servants, contractors, agents and invitees. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s 's approval or consent is to be required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in at the party’s 's sole discretion. Where Landlord is required reasonably to consent to or approve any matters, the same shall always be subject to obtaining the prior approval of any mortgagee having approval rights as to such matters under any mortgage (which Landlord agrees to use reasonable efforts to obtain in those instances where Landlord intends so to grant its consent or approval). The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this LeaseTenant. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers ventures or any relationship other than landlord and tenant. All covenants of this Lease, except covenants to pay Annual Base Rent and respecting the care of the Premises, shall survive the Term. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment. Landlord's title is and always shall be paramount to the title of Tenant, and nothing in this Lease shall empower Tenant to do any act which can, shall or may encumber the title of Landlord.

Appears in 1 contract

Samples: Lease (Applied Science & Technology Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, counterpart copies and shall be governed by and construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by instrument in accordance with the laws of the state where the Property is located without regard to principles The Commonwealth of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyMassachusetts. If any provisions provision shall to any extent be invalid, the remainder of this Lease shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way with respect to the Premises and supersedes all prior agreements and dealings between themthem with respect thereto. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the PremisesLease. This Lease may be amended only by an instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffectiveXxxxxx. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s 's approval or consent is required by the express its terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s 's sole discretion. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional, time always being of the essence to any options; and if Tenant purports to condition the exercise of any option or vary its terms in any manner, then the option granted will automatically and immediately become null and void and the purported exercise will be ineffective. This Lease and all consents, notices and other related instruments may be reproduced by any party by photographic, microfilm, microfiche or other reproduction process and the originals thereof may be destroyed; and each party agrees that reproductions will be admissible in evidence to the same extent as the original itself in and judicial or administrative proceeding (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and further reproduction will likewise be admissible. The titles of the several Articles and Sections are for convenience only, and shall not be considered a part hereof. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentTenant.

Appears in 1 contract

Samples: Lease (Interneuron Pharmaceuticals Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles State of choice Georgia and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed This Lease shall create the relationship of landlord and delivered of even date, if any, this Lease contains all of the agreements tenant between Landlord and Tenant; no estate shall pass out of Landlord, and Tenant relating has only a usufruct which is not subject to levy and sale. Tenant expressly acknowledges and agrees that Landlord has not made and is not making, and Tenant, in executing and delivering this Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, (i) each of such persons or parties shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them, and (ii) any notices, requests, demands, consents, approvals or other communications delivered by Tenant under the Lease which are not executed by each person or party named as Tenant herein may be deemed void, if Landlord shall so elect. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in of Tenant’s rights, and the performance of any mannerand all of Tenant’s obligations, then the purported exercise shall be ineffectiveunder this Lease. The enumeration reference contained to successors and assigns of specific examples Tenant is not intended to constitute a consent to assignment by Tenant. Except as otherwise set forth in this Lease, any obligations of a general provision shall not be construed as a limitation of Landlord or Tenant arising, or relating to events occurring, during the general provision. Unless a party’s approval or consent is required by the express terms term of this Lease not to be unreasonably withheld, such approval or consent as it may be withheld in extended (including, without limitation, rental and other monetary obligations and obligations to indemnify or reimburse the party’s sole discretion. The submission other), shall survive the expiration or earlier termination of a form the term of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents it may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentextended.

Appears in 1 contract

Samples: Lease (Mimedx Group, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the laws of the state where the Property is located without regard to principles of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. The covenants of Landlord and Tenant are independent, and such covenants shall be construed as such in accordance with the laws of the state where the Property is located. If any provisions shall to any extent be invalid, the remainder shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and Tenant. The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this the Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the option granted shall be void and the purported exercise shall be ineffective. The enumeration of specific examples of a general provision provisions shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage mortgagee of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment. The term “Term” includes the Initial Term as it may be extended pursuant to Section 3.03.

Appears in 1 contract

Samples: Lease Agreement (Cyteir Therapeutics, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles Commonwealth of choice Massachusetts and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, each of such persons or parties shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Landlord or Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option of Landlord's or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve 's rights under this Lease. Nothing herein The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment of Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair obligations and obligations to indemnify Landlord), shall be construed as creating survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant's failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of businessthis Lease), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 1 contract

Samples: Lease Agreement (Sonesta International Hotels Corp)

Applicable Law and Construction. This Lease may be executed in counterparts, counterpart copies and shall be governed by and construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by instrument in accordance with the laws of the state where the Property is located without regard to principles Commonwealth of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a partyMassachusetts. If any provisions provision shall to any extent be invalid, the remainder of this Lease shall not be affected. Other than contemporaneous instruments executed and delivered as of even datethe Effective Date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way with respect to the Premises and supersedes all prior agreements and dealings between themthem with respect thereto. There are no oral agreements between Landlord and Tenant relating to affecting this Lease or the PremisesLease. This Lease may be amended only by an instrument in writing executed and delivered by both Landlord and Tenant. The provisions enumeration of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit specific examples of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease general provision shall not be construed more strictly against one party than against the other merely by virtue as a limitation of the fact that it general provision. Unless Landlord’s approval or consent is required by its terms not to be unreasonably withheld, such approval or consent may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Leasebe withheld in Landlord’s sole discretion. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional, time always being of the essence to any options; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the option granted will automatically and immediately become null and void and the purported exercise shall will be ineffective. This Lease and all consents, notices and other related instruments may be reproduced by any party by photographic, .pdf scan or other reproduction process and the originals thereof may be destroyed; and each party agrees that reproductions will be admissible in evidence to the same extent as the original itself in and judicial or administrative proceeding (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and further reproduction will likewise be admissible. The enumeration titles of specific examples the several Articles and Sections of a general provision this Lease are for convenience only, and shall not be construed as considered a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretionpart hereof. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentTenant.

Appears in 1 contract

Samples: Lease Agreement (Biolife Solutions Inc)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles State of choice California and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered in construing this Lease. The submission of this document for examination and negotiation does not constitute an offer to lease, or a part reservation of, or option for, the Premises, and Tenant shall have no right to the Premises hereunder until the execution and delivery hereof by both Landlord and Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and shall inure to the benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, (a) each of such persons or parties shall be jointly and severally liable for the obligations of Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them, and (b) any notices, requests, demands, consents, approvals or other communications delivered by Tenant under this Lease which are not executed by each person or party named as Tenant herein may be deemed void, if Landlord shall so elect. Each term and each provision of this Lease to be performed by Tenant shall be construed to be both an independent covenant and a condition and time is of the essence with respect to the exercise of any of Tenant’s rights under this Lease. The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment by Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair and maintenance obligations and obligations to indemnify Landlord), shall survive the expiration or earlier termination of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer signed by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder of any mortgage of the Premises having the right to approve this Lease. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgmentsignature.

Appears in 1 contract

Samples: Lease Agreement (Cytek BioSciences, Inc.)

Applicable Law and Construction. This Lease may be executed in counterparts, shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by construed in accordance with the laws of the state where the Property is located without regard to principles Commonwealth of choice Massachusetts and if any provisions of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder of this Lease shall not be affectedaffected thereby. Other than contemporaneous instruments executed Tenant expressly acknowledges and delivered of even dateagrees that Landlord has not made and is not making, if anyand Tenant, in executing and delivering this Lease contains all of the agreements between Landlord and Tenant relating in Lease, is not relying upon, any way warranties, representations, promises or statements, except to the Premises and supersedes all prior agreements and dealings between them. There extent that the same are no oral agreements between Landlord and Tenant relating to expressly set forth in this Lease or in any other written agreement which may be made between the Premisesparties concurrently with the execution and delivery of this Lease and which shall expressly refer to this Lease. All understandings and agreements heretofore made between the parties are merged in this Lease and any other such written agreement(s) made concurrently herewith, which alone fully and completely express the agreement of the parties and which are entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease or any other such written agreement(s) made concurrently herewith. This Lease may be amended amended, and the provisions hereof may be waived or modified, only by instrument instruments in writing executed and delivered by both Landlord and Tenant. The provisions titles of this Lease shall bind Landlord the several Articles and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles Sections contained herein are for convenience only and shall not be considered a part of in construing this Lease. This Lease The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Premises, and Tenant shall not be construed more strictly against one party than against have no right to the other merely Premises hereunder until the execution and delivery hereof by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially Tenant. Except as herein otherwise provided, the terms hereof shall be binding upon and materially shall inure to the preparation benefit of the successors and assigns, respectively, of Landlord and Tenant and, if Tenant shall be an individual, upon and to his heirs, executors, administrators, successors and assigns. If two or more persons or parties are named as Tenant herein, (i) each of such persons or parties shall be jointly and severally liable for the obligations of the Tenant hereunder, and Landlord may proceed against any one without first having commenced proceedings against any other of them, and (ii) any notices, requests, demands, consents, approvals or other communications delivered by Tenant under the Lease which are not executed by each person or party named as Tenant herein may be deemed void, if Landlord shall so elect. Each term and each provision of this Lease. If Tenant is granted any extension or other option, Lease to be effective the exercise (and notice thereof) performed by Tenant shall be unconditional; construed to be both an independent covenant and if Tenant purports a condition and time is of the essence with respect to condition the exercise of any option or to vary its terms in any mannerof Tenant’s rights, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by the holder performance of any mortgage and all of the Premises having the right to approve Tenant’s obligations, under this Lease. Nothing herein The reference contained to successors and assigns of Tenant is not intended to constitute a consent to assignment by Tenant. Except as otherwise set forth in this Lease, any obligations of Tenant (including, without limitation, rental and other monetary obligations, repair and maintenance obligations and obligations to indemnify Landlord), shall be construed as creating survive the relationship between Landlord expiration or earlier termination of this Lease, and Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in curing Tenant’s failure to satisfy any such obligation (notwithstanding the fact that such cure might be effected by Landlord following the expiration or earlier termination of principal this Lease). WITNESS the execution hereof under seal on the day and agentyear first above written. Landlord: Bulfinch Square Limited Partnership By: Courthouse Associate, or of partners or joint venturers or any relationship other than landlord and tenant. This Lease and all consentsInc., notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.its general partner By: /s/ Xxxxxxx Xxxxx Tenant: Health Care Ventures LLC /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: VP - Legal Affairs

Appears in 1 contract

Samples: Lease Agreement (Leap Therapeutics, Inc.)

Applicable Law and Construction. This Lease may be executed in counterpartsone or more counterpart signature pages (all of which when signed shall constitute a single agreement), shall be construed as a sealed instrument, and shall be governed exclusively by the provisions hereof and by the laws of the state where the Property is located The Commonwealth of Massachusetts without regard to principles of choice of law or conflicts of law. A facsimile signature to this Lease shall be sufficient to prove the execution by a party. If any provisions shall to any extent be invalid, the remainder shall not be affected. Other than contemporaneous instruments executed and delivered of even date, if any, this Lease contains all of the agreements between Landlord and Tenant relating in any way to the Premises and supersedes all prior agreements and dealings between them. There are no oral agreements between Landlord and Tenant relating to this Lease or the Premises. This Lease may be amended only by instrument in writing executed and delivered by both Landlord and TenantTenant (and, as to any matters set forth in Section 2.4, Project Declarant or its respective successors and assigns as set forth therein). The provisions of this Lease shall bind Landlord and Tenant and their respective successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns and of Tenant and its permitted successors and assigns, subject to Article 13. The titles are for convenience only and shall not be considered a part of this Lease. This Lease shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Landlord and Tenant have contributed substantially and materially to the preparation of this Lease. If Tenant is granted any extension or other option, to be effective the exercise (and notice thereof) shall be unconditional; and if Tenant purports to condition the exercise of any option or to vary its terms in any manner, then the purported exercise shall be ineffective. The enumeration of specific examples of a general provision shall not be construed as a limitation of the general provision, and the use of “including” shall be deemed to mean “including without limitation”. Unless a party’s approval or consent is required by the express terms of this Lease not to be unreasonably withheld, such approval or consent may be withheld in the party’s sole discretion. The submission of a form of this Lease or any summary of its terms shall not constitute an offer by Landlord to Tenant; but a leasehold shall only be created and the parties bound when this Lease is executed and delivered by both Landlord and Tenant and approved by Tenant, together with the holder of any mortgage of the Premises having the right to approve this LeaseProject Declarant. Nothing herein shall be construed as creating the relationship between Landlord and Tenant of principal and agent, or of partners or joint venturers venturers, or any relationship other than landlord and tenant. This Lease and all consents, notices, approvals and all other related documents may be reproduced by any party by any electronic means or by facsimile, photographic, microfilm, microfiche or other reproduction process and the originals may be destroyed; and each party agrees that any reproductions shall be as admissible in evidence in any judicial or administrative proceeding as the original itself (whether or not the original is in existence and whether or not reproduction was made in the regular course of business), and that any further reproduction of such reproduction shall likewise be admissible. If any payment in the nature of interest provided for in this Lease shall exceed the maximum interest permitted under controlling law, as established by final judgment of a court, then such interest shall instead be at the maximum permitted interest rate as established by such judgment.

Appears in 1 contract

Samples: Corporate Headquarters Lease (TripAdvisor, Inc.)

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