Common use of APPURTENANT RIGHTS AND RESERVATIONS Clause in Contracts

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public or common lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules and Regulations from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be used. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 2 contracts

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

AutoNDA by SimpleDocs

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees rights to use in common common, with othersothers entitled thereto, public or common lobbies, hallways, stairways, elevators and the loading platform subject to reasonable rules governing use of the Building and Park from time to time made by Landlord of which Tenant is given prior written notice and with due regard for the rights of others to use the same (a) the common roadways, driveways sidewalks and walkways necessary for the purposes of access to the Building, Building from public road and if the portion walkways of the Premises Park, (b) the Parking Areas for the purpose of parking of motor vehicles by Tenant and Tenant’s employees and invitees on a first-come first served, non-reserved basis, (c) common lobby, bathrooms and stairways of the Building and (d) any floor includes less than common area amenities of the entire floorPark (e.g., benches and lawns) for the purposes for which the same are intended; and no other appurtenant rights or easements. For the purposes hereof, the “Parking Areas” shall be defined as those portions of the parking areas in the Park which are available for the common toiletsuse by all of the tenants in the Park, corridors and elevator lobby of such floor; but such rights shall always as may be subject to the Rules and Regulations designated by Landlord, from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be usedtime. (b) Excepted and excluded from the Premises are the ceiling, floor, floor and perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises Premises, as well as all plate glass, are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have . Landlord reserves the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, without unreasonable interference with use of the Premises: (a) to notify its officersinstall, employeesuse, agents maintain, repair, replace and invitees relocate for service to the Premises and other parts of such limitation of liability. Tenant acknowledges the Building or Park, or either, pipes, ducts, conduits, wires and agrees that a license only is hereby grantedappurtenant fixtures, wherever located in the Premises, Building or Park, (b) to alter or relocate any other common facility, (c) to make any repairs and replacements to the Premises which Landlord may deem necessary, and no bailment is intended (d) in connection with any excavation made upon adjacent land of Landlord or shall be createdothers, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same.

Appears in 2 contracts

Samples: Sublease (Upstream Bio, Inc.), Sublease (Upstream Bio, Inc.)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, the public or common lobbies, hallways, stairways, passenger elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to sanitary facilities in the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules and Regulations set forth on Exhibit C (as the same may be amended or modified from time to time established by Landlord pursuant by prior notice to Section 14.7 Tenant), and to the right of Landlord to designate and change from time to time areas and facilities so to be used. used (b) Excepted provided that Tenant's use and excluded from enjoyment thereof and of the Premises and Tenant's rights under this Lease are the ceilingnot materially adversely affected thereby). Tenant shall also have, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) as appurtenant to the Premises are a part thereofPremises, provided that Tenant shall have the right subject to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the obtaining Landlord's prior written consent, such consent not the non-exclusive right to be unreasonably withheld if such use by Tenant will not adversely affect (i) reasonable portions of common area conduits, chutes and pipes adjacent to the Landlord's utilization of such penetrations Premises for the delivery purpose of services required to be provided by Landlord to any tenants running wires and cabling between floors of the Building or (ii) Premises to serve Tenant's equipment located within the structural integrity of the BuildingPremises. Tenant agrees that Landlord shall have the right right, upon reasonable prior written notice to Tenant, to place in in, over and upon the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such a manner so as to reduce to a minimum interference with Tenant's use of the Premises and not be visible from within the Premises. In ) utility lines, pipes, equipment and the event that Tenant shall install any hung ceilings like to serve the Premises or walls in premises other than the Premises, Tenant shall install and maintainto replace, maintain and/or repair such utility lines, pipes, equipment and the like. During the hours of 7:00 A.M. to 6:00 P.M., Monday through Friday, legal holidays recognized generally in first-class office buildings in downtown Hartford excepted (hereinafter referred to as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof"Normal Building Operating Hours"), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted open and access to usethe Premises shall be freely available, on an aggregate basis, more subject to interruption due to causes beyond Landlord's reasonable control. During all periods other than 3.3 parking spaces per 1,000 square feet of Normal Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Operating Hours Tenant shall have access to the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building Premises, and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that at all times Tenant shall provide Landlord with prompthave access to the Garage, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except but always subject to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, reasonable rules and Tenant covenants and agrees, upon request from Landlord regulations therefor from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdtime established by Landlord by suitable notice.

Appears in 2 contracts

Samples: Lease Agreement (Lincoln National Corp), Lease Agreement (Lincoln National Corp)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, public or common lobbies, restrooms, hallways, stairways, elevators and walkways within the Building, as well as the access roads, driveways, parking areas, loading platform areas, pedestrian sidewalks, landscaped areas, trash enclosures, recreation areas and other areas or facilities, if any, which are located in or on the Property and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building and common roadways, driveways and walkways necessary for access to (the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor“Common Facilities”); but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 15.7 (the “Rules and Regulations”) and to the right of Landlord to designate and change from time to time areas and facilities so to be used, provided Tenant always has at least one reasonable means of access to the Premises. (b) Excepted and excluded from the Premises and the Common Facilities are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, (but in such manner and location as to reduce to a minimum interference with Tenant’s use of the Premises and provided such placement shall not reduce the usable area of the Premises) utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may reasonably require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) . Tenant shall also have the right (subject be entitled to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces install any such ceilings or walls only in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated compliance with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet other terms and conditions of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdthis Lease.

Appears in 2 contracts

Samples: Lease Agreement (Repligen Corp), Lease Agreement (Repligen Corp)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right license to use, and permit its invitees to use in common with Landlord and others, (i) public or common lobbies, hallways, stairways, elevators and the loading platform of the Building stairways and common roadways, driveways and walkways necessary for access to the BuildingBuilding and the Premises, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby lobbies of such floor, each as made available by Landlord from time to time for use in common by tenants of the Building; (ii) the access roads, driveways, parking areas, loading areas, pedestrian sidewalks, landscaped areas, trash enclosures; (iii) the autoclave and glasswasher installed as part of Landlord’s Work, as more particularly described in Exhibit C, and other areas or facilities, if any, which are located in or on the Property and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Property (the “Common Facilities”); but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 15.6 (the “Rules and Regulations”) and to the right of Landlord to designate and change from time to time such areas and facilities so to be used.used (provided that such changes do not materially adversely affect Tenant’s use of the Premises or Tenant’s parking rights and do not materially increase the obligations or materially decrease the rights of Tenant under this Lease). Notwithstanding anything to the contrary herein or in the Lease contained, Landlord has no obligation to allow any particular telecommunication service provider to have access to the Building or to the Premises. If Landlord permits such access, Landlord may condition such access upon the payment to Landlord by the service provider of fees assessed by Landlord in its sole discretion (b) Excepted and excluded from the Premises and the Common Facilities are the ceilingfloor slab, floor, demising walls and perimeter walls and exterior windows (except the inner surface surfaces of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises (but in such manner as to reduce to a minimum interference with Tenant’s use of the Premises and only to the extent reasonably necessary) interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may reasonably require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. Tenant shall be entitled to install any such ceilings or walls only in compliance with the other terms and conditions of this Lease. Tenant shall have no right to access and use the fan, meter and sprinkler rooms, janitorial, electrical, telephone and telecommunications closets, conduits, risers, plenum spaces, roof access ladders and other service areas of the Building without the prior written consent of Landlord. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) license, on an exclusiveunreserved, reserved basisnon-exclusive basis (except as otherwise set forth herein), seventeen (17) parking spaces to park in the basement level portions of the Buildingsurface parking area on the Property shown on the plan attached hereto as Exhibit H (collectively, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof“Parking Areas”), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the ComplexBuildings upon such terms and conditions as may be reasonably established by Landlord from time to time during the Term of this Lease. Tenant agrees not to overburden the Parking Areas and agrees to cooperate with Landlord and other tenants in use of the Parking Areas. For purposes of determining whether Tenant is overburdening the Parking Areas, Tenant shall be deemed to have a parking allocation of forty-one (41) parking spaces in the parking areas located (which is based on the lots on which the Building is situated in an amount, which when aggregated with the a ratio of three (3) parking spaces reserved in for each one thousand (i1,000) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants ), of the Building which thirty-six (36) shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord unreserved and five (5) shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's be reserved parking spaces in the basement level of the Buildinga mutually agreeable location. Landlord acknowledges that Tenant shall have the right to park in such allocated parking spaces regardless of how the remaining parking spaces are allocated to other tenants of the Buildings. Subject to such allocation, Landlord reserves the right in its sole, but reasonable, discretion to determine whether the Parking Areas are becoming overburdened. Landlord shall have the absolute right (i) to allocate and assign parking spaces among some or all of the tenants of the Buildings (and Tenant shall comply with any such parking assignments), (ii) to reconfigure the Parking Areas, and/or (iii) to modify the existing ingress to and egress from the Parking Areas as Landlord shall deem appropriate, as long as access to such Parking Areas is maintained after such modification is completed and further provided that Tenant’s parking allocation is not reduced. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights attributed hereby to Landlord. The parking rights allocated to Tenant pursuant to this Lease are provided to Tenant solely for use by Tenant’s own personnel and such rights may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval. The parking spaces initially will not be separately identified; however Landlord reserves the right to separately identify by signs or other markings the area or parking spaces to which Tenant’s parking rights relate. Landlord shall have no obligation to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereofParking Areas, provided that Tenant nor shall provide Landlord with prompt, reasonably detailed written notice of be responsible for any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building vehicle or on the lots on which the Building is located other property or for any injury to any personal property therein, person. Tenant shall comply with all rules and Tenant covenants and agrees, upon request from regulations which may be adopted by Landlord from time to timetime with respect to parking and/or the Parking Areas. In the event Landlord elects, or is required by any Law, to notify its officerslimit or control parking, employeeswhether by validation of parking tickets or any other method of assessment, agents Tenant agrees to participate in such validation or assessment program under such rules and invitees regulations as are from time to time established by Landlord, provided that in no event shall any such rules and regulations require the payment of fees for the use of the Parking Areas. In no event shall Tenant be required to pay a separate fee in connection with Tenant’s right to use the Parking Areas as set forth in this paragraph. (d) The designation or use from time-to-time of portions of the Property as Common Facilities shall not restrict Landlord’s use of such limitation areas for buildings, structures and/or for retail or such other purposes in connection with and consistent with the operations of liabilitythe Property as Landlord shall determine, Landlord hereby reserving the unrestricted right to build, add to, subtract from, lease, license, relocate and/or otherwise use (temporarily and/or permanently), any buildings, kiosks, other structures, parking areas, roadways or other areas or facilities anywhere upon the Property for such other purposes as Landlord shall determine, provided that the same do not materially adversely affect Tenant’s right to use the Premises for the Permitted Use or Tenant’s parking rights and do not materially increase Tenant’s obligations under this Lease. (e) Except for the Exterior Building Signage (as hereinafter defined), Tenant will not place on the exterior of the Premises (including both interior and exterior surfaces of doors and interior surfaces of windows) or on any part of the Building outside the Premises, any sign, symbol, advertisement or the like visible to public view outside of the Premises. For so long as no Event of Default exists hereunder, Tenant shall be permitted, at Tenant’s expense, to install an exterior sign containing Tenant’s (or in lieu thereof, a Permitted Transferee’s) name and logo on the exterior of the Building in the location and dimensions shown on Exhibit I attached hereto (the “Exterior Building Signage”). The design, lighting, proportions, method of installation and color of such Exterior Building Signage shall be subject to the prior approval of Landlord (which shall not be unreasonably withheld, delayed or conditioned) and shall be further subject to (i) all applicable Laws and (ii) Tenant obtaining all necessary permits and approvals therefor prior to installation of the same (including any approvals required by the Bennington Community Association). Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or it shall be createdTenant’s responsibility to repair, at Tenant’s expense, any damage caused to the Building by the installation, modification, or removal of the Exterior Building Signage (it being agreed that Landlord shall have the right to require Tenant to remove the same at the expiration or earlier termination of the Term) and to restore any areas of the Building impacted by installation or removal of the Exterior Building Signage. Tenant acknowledges and agrees that Tenant’s right to the Exterior Building Signage pursuant to this Section 2.2(e) is not on an exclusive basis and that Landlord may grant other tenants in the Property the right to signage on the Property and/or Buildings. In the event Tenant fails to satisfy the conditions set forth in the first sentence of this Section 2.2(e), Tenant agrees that, if requested by Landlord, it shall promptly remove the Exterior Building Signage at Tenant’s expense. The right to the Exterior Building Signage granted pursuant to this Section 2.2(e) may not be transferred to any third party occupying the Premises, except for any Permitted Transferee, without the prior approval of Landlord (which approval shall not be unreasonably withheld, delayed or conditioned).

Appears in 2 contracts

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

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with othersLandlord and others twenty-four hours a day, seven (7) days a week, (i) public or common lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the BuildingBuilding and the Premises, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; and (ii) the loading areas, pedestrian sidewalks, landscaped areas, trash enclosures, and other areas or facilities, if any, which are located in or on the Property and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building (the “Common Facilities”); but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 15.6 (the “Rules and Regulations”) in a uniform and nondiscriminatory manner and to the right of Landlord to designate and change from time to time areas and facilities so to be used. (b) Excepted and excluded from the Premises and the Common Facilities are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises (but in such manner as to reduce to a minimum interference with Tenant’s use of the Premises) interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. Tenant shall be entitled to install any such ceilings or walls only in compliance with the other terms and conditions of this Lease. (c) Landlord shall cause Tenant’s name and the names of Tenant’s principals and officers to be listed on the building directory in the Building lobby. In addition, at Tenant’s sole cost and expense, Tenant shall also have the right (subject be entitled to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located Building standard lobby signage on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants 24th floor of the Building shall not be permitted reasonably acceptable to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdLandlord.

Appears in 2 contracts

Samples: Lease (Enova International, Inc.), Lease Agreement (Enova International, Inc.)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, use any terrace area directly bordering on the Premises which area is accessible only through the Premises as shown on the plan annexed hereto as Exhibit A (said terrace area is to be included as part of the Premises for all purposes hereunder) and the nonexclusive right to use and to permit its invitees to use in common with others, public or common lobbies, hallways, stairways, passenger and freight elevators and sanitary facilities in the loading platform of the Building and common roadwaysCommercial Unit, driveways and walkways necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 by suitable notice and to the right of Landlord to designate and change from time to time areas and facilities so to be used. (b) . Excepted and excluded from the Premises are the structural roof or ceiling, floor, the structural floor and all perimeter walls and exterior windows (of the Premises, except in each case the inner surface of each surfaces thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are not excluded from the Premises and are a part thereof, provided thereof for all purposes; and Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with TenantTxxxxx's use of the Premises. In ) utility lines, pipes and the event that Tenant shall install any hung ceilings or walls in like to serve premises other than the Premises, Tenant and to replace, maintain and repair such utility lines, pipes and the like, in, over and upon the Premises. During the hours of 8:00 A.M. to 6:00 P.M., Monday through Friday, and 8:00 A.M. to 1:00 P.M. on Saturdays, legal holidays in all cases excepted (hereinafter referred to as “Normal Building Operating Hours”), the Building shall install be open and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant Premises shall also have the right (be freely available, subject to the Rules and Regulations established pursuant interruption due to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenantcauses beyond Landlord's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenantreasonable control. During periods other than Normal Building Operating Hours, Landlord shall cooperate provide means of access to the Premises on a 24/7 basis, but access to the Premises during Normal Building Operating Hours and at other times shall always be subject to reasonable rules and regulations therefor from time to time established by Landlord by suitable notice. Tenant acknowledges that, in all reasonable respects events, Txxxxx is responsible for providing security to the Premises and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property thereinits own personnel, and Tenant covenants and agreesshall indemnify, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees defend with counsel of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby grantedLandlord's selection, and no bailment save Landlord harmless from any claim for injury to person or damage to property asserted by any personnel, employee, guest, invitee or agent of Tenant which is intended suffered or shall be createdoccurs in or about the Premises or in or about the Building by reason of the act of an intruder or any other person in or about the Premises or the Building.

Appears in 2 contracts

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

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees invitees, employees and authorized subtenants to use in common with Landlord and others, public or common lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, Building and if the portion of the Premises and the access roads, driveways, loading areas, pedestrian sidewalks, landscaped areas, bathrooms and other areas or facilities, if any, which are located in or on any floor includes less than the entire floor, Property (the common toilets, corridors and elevator lobby of such floor“Common Facilities”); but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 14.5 (the “Rules and Regulations”) and to the right of Landlord to designate and change from time to time areas and facilities so to be used, provided, however, that any newly designated or changed Common Facilities shall be substantially similar to those in existence on the Lease Commencement Date. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, (but in such manner as to cause no interference with Tenant’s use of the Premises) utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right, as appurtenant to the Premises, the non-exclusive and subordinate right to utilize the kitchen area, conference rooms and auditorium within that portion of the Building leased and occupied by Worcester Polytechnic Institute (“WPI”) as may be reasonably required by Tenant and in all events subject to the Rules scheduling requirements of WPI. (d) In conjunction with the Lease, Tenant shall be provided the opportunity to utilize certain pieces of equipment and Regulations established pursuant space owned by WPI, including but not limited to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level Vivarium located within that portion of the Building, provided, however, that Landlord Building leased by WPI. A list of such equipment and a plan of such space as are subject to this provision is attached as Exhibit C. Tenant shall not be obligated to monitor coordinate the use of the equipment and the Vivarium with WPI and shall pay to WPI a reasonable rate to be agreed to on a per hour or per animal basis for the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects equipment and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdVivarium.

Appears in 2 contracts

Samples: Lease (Cytrx Corp), Lease (Rxi Pharmaceuticals Corp)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees rights to use in common with othersothers entitled thereto the common facilities included in the Building or the Lot, public or including common walkways, driveways, lobbies, hallways, stairwaysramps, elevators and stairways and the loading platform of the Building cafeteria and common roadways, driveways and walkways necessary for access to exercise room in the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such . Such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 by suitable notice, and to the right of Landlord to designate and to change from time to time the areas and facilities so to be used. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant any such change shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not materially adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required Tenant’s access to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in be afforded the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the non-exclusive right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) up to 52 parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in within the parking areas located based on the lots on which the Building is situated in an amount, which when aggregated with the a parking spaces reserved in (i) above, shall equal no more than 3.3 parking ratio of 3.4 spaces per 1,000 rentable square feet of Premises Rentable Areathe Premises. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces Nothing contained in the basement level of the Building. Landlord acknowledges that Tenant Lease shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft prohibit or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property thereinrestrict Landlord from changing, and Tenant covenants and agrees, upon request from Landlord from time to time, without notice to notify its officersTenant, employees, agents and invitees the layout or type of such limitation parking areas, provided that Landlord shall not reduce the number of liabilityparking spaces available for Tenants’ use and provided that such changed layout or type of spaces shall be at least as convenient to the Building as currently configured. Subject to reasonable rules from time to time made by Landlord of which Tenant acknowledges is given notice, Tenant shall have the right, in common with all other tenants of the Building, to use such parking areas, without charge through the Lease Term, on a first-come, first-served basis up to the number of Tenant’s parking spaces set forth in Section 1.2. Landlord shall uniformly and agrees that a license only is hereby granteddiligently enforce the parking requirements of each tenant’s lease. Not included in the Premises are the roof or ceiling, the floor and all perimeter walls of the space identified in Exhibit A, except the inner surfaces thereof and the perimeter doors and windows (excluding exterior windows). The Landlord reserves the right to install, use, maintain, repair and replace in the Premises (but in such manner as not unreasonably to interfere with Tenant’s use of the Premises) utility lines, shafts, pipes, and the like, in, over and upon the Premises, provided that the same are located above the dropped ceiling (or, if there is no bailment is intended dropped ceiling, then within three (3) feet of the roof and/or floor deck), below the floor surfaces or tight against demising walls or columns. Landlord agrees to repair any damage to the Premises caused by the installation of any such items. Such utility lines, shafts, pipes and the like shall not be createddeemed part of the Premises under this Lease. The Landlord also reserves the right to alter or relocate any common facility, so long as the cafeteria and fitness center remain in the Building, and to change the lines of the Building parking lot.

Appears in 2 contracts

Samples: Office Lease Agreement (Mannkind Corp), Office Lease Agreement (Valeritas Holdings Inc.)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, use the loading dock with double doors attached to the Premises and permit its invitees the rights to use in common with othersothers entitled thereto the common facilities included in the Building or the land on which the Building is located (the "Lot"), public or including common walkways, driveways, lobbies, hallways, stairwaysramps, elevators the stairways and the loading platform of the Building and common roadwayselevators, driveways and walkways necessary for access to said Premises and lavatories nearest thereto, and the risers, conduits and the Telecommunications Equipment Space of the Building for Tenant’s telecommunications and computer needs subject to the provisions of Section 17.20. The legal description of the Lot is attached hereto as Exhibit A-l. In addition, Tenant shall have the right, in common with others entitled thereto, to use the amenities located in the Building from time to time, including the cafeteria, stores, fitness center and day care center, to the extent such amenities are made available to other tenants of the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such . Such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 by suitable notice, applicable to, and equally enforced against, all tenants of the Building, and to the right of Landlord to designate and to change from time to time the areas and facilities so to be used. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that such changes do not materially adversely interfere with the use of the Premises for the Permitted Use or Tenant’s access to the Premises. Tenant shall have the exclusive right to use the vertical penetrations of four (4) reserved parking spaces within the Building for its piping, conduits, sleeving and cabling with area designated on Exhibit A as the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations “Exclusive Parking Area” for the delivery use of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Buildingits employees, agents, representatives and clients. Landlord shall have the right to place identify the Exclusive Parking Area by appropriate signage and, after prior notice to Tenant as to the method of and procedure for enforcement (such as a sticker system or towing), to enforce Tenant's exclusive parking rights. Tenant shall also have the non-exclusive right to use parking spaces in the general parking lot shown in Exhibit A (the “ General Lot”), free of charge, on a first come, first serve basis. Tenant shall abide by and shall ensure that its employees and any other occupants of the Premises abide by the reasonable rules and regulations governing the General Lot and the Exclusive Parking Area provided to Tenant by suitable notice and applicable to, and equally enforced against, all tenants of the Building. Not included in the Premises interior storm windowsare the roof or ceiling, sun control devicesthe floor and all perimeter walls of the space identified in Exhibit A, utility lines, equipment, stacks, pipes, conduits, ducts except the inner surfaces thereof and the likeperimeter doors and windows. The Landlord reserves the right to install, provided the same are concealed behind any then existing walls and/or ceilings of use, maintain, repair and replace in the Premises or are installed (but in such manner so as not unreasonably to reduce to a minimum interference interfere with Tenant's use of the Premises. In ) utility lines, shafts, pipes, and the event that Tenant shall install any hung ceilings or walls in like, in, over and upon the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities provided that the same are located above the dropped ceiling (or, if there is no dropped ceiling, then within three (3) feet of the roof deck), below the floor surfaces or within tight against demising walls or behind the walls. (c) Tenant shall also have the right (subject columns. Landlord agrees to repair any damage to the Rules Premises caused by the installation of any such items. Such utility lines, shafts, pipes and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord like shall not be obligated deemed part of the Premises under this Lease. The Landlord also reserves the right to monitor alter or relocate any common facility and to change the lines of the Lot, provided that such changes do not unreasonably interfere with the use of such parking spaces the Premises for the Permitted Use or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts ’s access to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdPremises.

Appears in 2 contracts

Samples: Commercial Lease (IntraLinks Holdings, Inc.), Commercial Lease (IntraLinks Holdings, Inc.)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Subject to Landlord’s right to change or alter any of the following in Landlord’s reasonable discretion as herein so long as Tenant’s use of and access to the Premises is not materially adversely affected, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public but not in a manner or extent that would materially interfere with the normal operation and use of the Office Area as a multi-tenant office building and subject to reasonable rules of general applicability to tenants of the Office Area from time to time made by Landlord of which Tenant is given written notice: (a) the common lobbies, hallwayscorridors, stairways, and elevators of the Office Area, and the pipes, ducts, shafts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others, (b) the loading platform of areas serving the Building Office Area and the common roadways, walkways and driveways and walkways necessary for access to the BuildingOffice Area, and (c) if the portion of the Premises on any floor includes include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to floor and (d) the Rules plazas and Regulations other common areas of the Project as Landlord makes the same available from time to time established time; and no other appurtenant rights and easements. Notwithstanding anything to the contrary herein, Landlord has no obligation to allow any particular telecommunication service provider to have access to the Office Area or to the Premises. If Landlord permits such access, Landlord may condition such access upon the payment to Landlord by the service provider of fees assessed by Landlord pursuant to Section 14.7 in its sole discretion. The Office Area is currently served by Verizon and to the right of Landlord to designate Comcast for telephone and change from time to time areas and facilities so to be useddata services. (ba) Excepted and excluded from to enter upon the Premises are to install, use, maintain, repair, replace and relocate for service to the ceilingPremises and other parts of the Office Area, flooror either, perimeter walls pipes, ducts, conduits, wires and exterior windows (except the inner surface of each thereof)appurtenant fixtures, and any space wherever located in the Premises used for shaftsor the Office Area, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors and (and related glass and finish workb) to the Premises are a part thereofalter or relocate any other common facility, provided that substitutions are substantially equivalent or better. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Office Area, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises. Except in the case of emergencies or for normal cleaning and maintenance operations, Landlord shall give Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises. Landlord reserves and excepts for its benefit all rights of ownership and use in all respects outside the Premises, including without limitation, the Office Area and all other structures and improvements and plazas and common areas in the Project, except that at all times during the term of this Lease Tenant shall have a reasonable means of access from a public street to the Premises. Without limitation of the foregoing reservation of rights by Landlord, it is understood that in its sole discretion Landlord, shall have the right to change and rearrange the plazas and other common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of or lease all or part thereof for exhibitions and displays and to sell, lease or dedicate all or part thereof to public use; and further that Landlord, as the vertical penetrations of the Building for its pipingcase may be, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place make changes in, additions to and eliminations from the Office Area and other structures and improvements in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of Project the Premises or are installed in excepted; provided however that Tenant, its employees, agents, clients, customers, and invitees shall at all times have reasonable access to the Office Area and Premises twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year, subject to Force Majeure, and such manner so as to reduce to a minimum interference modifications shall not materially and adversely interfere with Tenant's ’s use of and access to the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts not under any obligation to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of permit individuals without proper building identification to enter the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Office Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.after 6:00 p.m.

Appears in 2 contracts

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

APPURTENANT RIGHTS AND RESERVATIONS. (a) a. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use use, in common with others, public or common lobbies, hallways, stairways, and elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be used. Notwithstanding anything herein to the contrary, Tenant shall have access to the Premises and to the Building’s elevators and loading docks 24 hours per day, 7 days per week. The Premises shall be designated a non-smoking area and Tenant will comply, and cause its employees and invitees to comply, with Building regulations regarding non-smoking areas. (b) b. Excepted and excluded from the Premises are the ceiling, floor, floor and all perimeter walls and exterior windows (of the Premises, except the inner surface of each surfaces thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided and Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with Tenant's ’s use of the Premises. In ) utility lines, pipes and the event that Tenant shall install any hung ceilings or walls in like, in, over and upon the Premises, . Tenant shall install and maintain, as Landlord may require, proper access panels therein in any hung ceilings or walls as may be installed by Tenant in the Premises to afford access to any facilities above the ceiling or within or behind the walls. (c) c. Tenant shall also have the non-exclusive right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term three (i3) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 rentable square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situatedPremises. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor no responsibility for policing the use of Tenant's reserved the parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdspaces.

Appears in 1 contract

Samples: Lease Agreement (Myriant Corp)

APPURTENANT RIGHTS AND RESERVATIONS. (a) i. Tenant shall have, as appurtenant to the Premises, the non-exclusive nonexclusive right to use, use and to permit its invitees to use in common with others, public or common lobbies, hallways, stairways, elevators passenger and freight elevators, loading areas, sanitary facilities, conduits and risers in the loading platform Building necessary or convenient for Tenant’s use and occupancy of the Building and common roadways, driveways and walkways necessary for access to the BuildingPremises, and if (as provided in the portion of next subsection) the Premises on any floor includes less than parking facilities serving the entire floorBuilding (collectively, as same may be changed from time to time as provided in this Lease, the common toilets, corridors and elevator lobby of such floor; but such “Common Areas”). Such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant by suitable notice (and uniformly applied to Section 14.7 all occupants of the Building), and shall be subject to the right of Landlord to designate and change from time to time areas and facilities so to be so used; provided, no such change shall materially adversely affect Tenant’s access to, or use of, the Premises pursuant to the terms and conditions of this Lease. ii. Tenant shall also have, as appurtenant to the Premises, the nonexclusive right to use, and permit its employees and invitees to use, in common with others, on a first come, first serve basis, the open parking facilities serving the Building (bexcepting those spaces now or hereafter designated by Landlord as being for the exclusive use of others). Such parking rights shall be subject to the right of Landlord to limit the number of parking spaces available to Tenant, its employees and invitees, where the use of the same exceeds, in Landlord’s judgment, the greater of (i) Tenant’s pro rata share (based upon the ratio of the Rentable Floor Area of the Premises to the Rentable Floor Area of the Building) of the parking at the Building, or (ii) the ratio of approximately 3 spaces per 1,000 square feet of the Rentable Floor Area of the Premises. iii. Excepted and excluded from the Premises are the ceiling, floor, roof and all perimeter walls and exterior windows (of the Premises, except the inner surface of each surfaces thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are not excluded from the Premises and are a part thereof, provided thereof for all purposes; and Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with Tenant's ’s use of the Premises) utility lines, pipes and the like to serve premises other than the Premises, and to replace and maintain and repair such utility lines, pipes and the like in, over and upon the Premises. iv. In During the event that hours of 8:00 A.M. to 6:00 P.M., Monday through Friday, legal holidays (both federal and state) in all cases excepted (“Normal Building Operating Hours”), the Building shall be open and access to the Premises shall be freely available, subject to interruption due to causes beyond Landlord’s reasonable control. During periods other than Normal Building Operating Hours, Landlord shall provide means of access to the Premises, subject to security restrictions on such access, such as card access systems, and the other terms and conditions of this Lease. Access to the Premises during Normal Building Operating Hours and at other times shall always be subject to reasonable rules and regulations therefor from time to time established by Landlord by suitable notice (and uniformly applied to all occupants of the Building). Tenant acknowledges that, in all events, Tenant is responsible for providing security to the Premises and its own personnel, guests, invitees or agents and, to the maximum extent this agreement may be made effective according to law, Tenant shall install indemnify, defend with counsel of Landlord’s selection, and save Landlord harmless from any hung ceilings claim for injury to person or walls damage to property asserted by any personnel, employee, guest, invitee or agent of Tenant which is suffered or occurs in the Premises by reason of the act of any intruder or any other person in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 1 contract

Samples: Expansion Option Agreement (Color Kinetics Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public or common lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floorthe floor on which the Premises is located; but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 this Lease and to the right of Landlord to designate and change from time to time areas and facilities so to be usedused provided that (i) such changed facilities are substantially equivalent or better and (ii) Landlord shall use good faith efforts to avoid unreasonable interference with Tenant’s access to and use of the Premises. Tenant and its employees shall also have the non-exclusive right to use, in common with others entitled thereto, such other common areas and facilities in or appurtenant to the Building as Landlord may from time to time designate and provide. Tenant and its employees shall also have the non-exclusive right to use, in common with others entitled thereto, the Leasehold Parking Area for parking purposes only. (b) Excepted and excluded from the Premises are exterior faces of exterior walls, the ceilingcommon stairways and stairwells, floor, perimeter walls elevators and exterior windows (except the inner surface of each thereof), and any space in the Premises used for elevator shafts, stacks, pipes, conduits, fan rooms, mechanical, electric and telephone closets, janitor closets, freight elevator vestibules and pipes, ducts, electric conduits, wires and appurtenant fixtures serving exclusively or in common other utilities, sinks or other Building facilitiesparts of the Building, but included in the Premises are all entry doors (and related glass and finish work) to the Premises are a part thereofand all special installations of Tenant, such as interior stairs, special flues and special air conditioning facilities. Landlord reserves the right from time to time, without unreasonable interference with Tenant’s use: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, shafts, wires and appurtenant fixtures, wherever located in the Premises or Building, and (b) to alter or relocate any other common facility, provided that Tenant shall have substitutions are substantially equivalent or better. Landlord reserves the right to exclusive use the vertical penetrations of the Building for its pipingall fan rooms, electric and telephone closets, janitor closets, freight elevator vestibules, pipes, ducts, conduits, sleeving wires and cabling with appurtenant fixtures located within the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building Premises which serve exclusively or (ii) the structural integrity in common other parts of the Building. In exercising its rights pursuant to (a) and (b) above, Landlord shall have the right use good faith efforts to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum avoid unreasonable interference with Tenant's ’s use of the Premises. In Any installations or relocations of pipes, shafts, wires, ducts, conduits and appurtenant fixtures shall, to the event that Tenant shall install any hung extent reasonably possible be located above ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the between walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 1 contract

Samples: Lease Agreement (GTC Biotherapeutics Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees rights to use in common with othersothers entitled thereto the common facilities included in the Building or the land on which the Building is located (the "Lot"), public or including common walkways, driveways, lobbies, hallways, stairwaysramps, elevators stairways and the loading platform of the Building and common roadwayselevators, driveways and walkways necessary for access to the Building, said Premises and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such lavatories nearest thereto. Such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 by suitable notice, and to the right of Landlord to designate and to change from time to time the areas and facilities so to be used. (b) Excepted and excluded from , provided that such changes do not unreasonably interfere with the use of the Premises for the Permitted Use. Not included in the Premises are the roof or ceiling, floor, the floor and all perimeter walls and exterior windows (of the space identified in Exhibit A, except the inner surface of each thereof)surfaces thereof and the perimeter doors and windows. The Landlord reserves the right to install, use, maintain, repair and any space replace in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, (but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as not unreasonably to reduce to a minimum interference interfere with Tenant's use of the Premises. In ) utility lines, shafts, pipes, and the event that Tenant shall install any hung ceilings or walls in like, in, over and upon the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities provided that the same are located above the dropped ceiling (or, if there is no dropped ceiling, then within three (3) feet of the roof deck), below the floor surfaces or within tight against demising walls or behind the walls. (c) Tenant shall also have the right (subject columns. Landlord agrees to repair any damage to the Rules Premises caused by the installation of any such items. Such utility lines, shafts, pipes and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord like shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants deemed part of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Areaunder this Lease. The Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have also reserves the right to monitor alter or relocate any common facility and to change the use of Tenant's reserved parking spaces in the basement level lines of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdLot.

Appears in 1 contract

Samples: Commercial Lease (Puma Technology Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees rights to use in common with othersothers entitled thereto the common facilities included in the Building or the land on which the Building is located (the "Lot"), public or including common walkways, driveways, lobbies, hallways, stairwaysramps, elevators stairways and the loading platform of the Building and common roadwayselevators, driveways and walkways necessary for access to the Building, said Premises and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such lavatories nearest thereto. Such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 by suitable notice, and to the right of Landlord to designate and to change from time to time the areas and facilities so to be used. (b) Excepted and excluded from , provided that such changes do not unreasonably interfere with the use of the Premises for the Permitted Use. Not included in the Premises are the roof or ceiling, floor, the floor and all perimeter walls and exterior windows (of the space identified in Exhibit A, except the inner surface of each thereof)surfaces thereof and the perimeter doors and windows. The Landlord reserves the right to install, use, maintain, repair and any space replace in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, (but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as not unreasonably to reduce to a minimum interference interfere with Tenant's use of the Premises. In ) utility lines, shafts, pipes, and the event that Tenant shall install any hung ceilings or walls in like, in, over and upon the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities provided that the same are located above the dropped ceiling (or, if there is no dropped ceiling, then within three (3) feet of the roof deck), below the floor surfaces or within tight against demising walls or behind the walls. (c) Tenant shall also have the right (subject columns. Landlord agrees to repair any damage to the Rules Premises caused by the installation of any such items. Such utility lines, shafts, pipes and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord like shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants deemed part of the Complex, parking spaces in Premises under this Lease. The Landlord also reserves the parking areas located on right to alter or relocate any common facility and to change the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants lines of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situatedLot. Landlord shall install and maintain, at maintain not less than 175 parking spaces for Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in use from time to time on the basement level of the BuildingLot as shown on Exhibit A-1 attached hereto. Landlord acknowledges that Tenant shall have the right to monitor designate visitor parking areas and overnight parking areas within the use of area designated for Tenant's reserved parking spaces in as shown on Exhibit A-1 attached hereto. Landlord reserves the basement level of right to relocate the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, parking area provided that Tenant shall provide Landlord with prompt, such relocated have reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except comparable access to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdPremises.

Appears in 1 contract

Samples: Lease (CMG Information Services Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Subject to Landlord’s right to change or alter any of the following in Landlord’s discretion as herein provided, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public but during any period that any portion of the Building is leased by any tenant or occupant other than Tenant, not in a manner or extent that would materially interfere with the normal operation and use of the Building as a multi-tenant office building, and in any case subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which Tenant is given notice: (a) the common lobbies, hallwayscorridors, stairways, and elevators of the Building, and the loading platform of pipes, ducts, shafts, conduits, wires and appurtenant meters and equipment serving the Building Premises in common with others, (b) the Loading Dock and the common roadways, walkways and driveways and walkways necessary for access to the Building, and (c) if the portion of the Premises on any floor includes include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby of such floor; but floor and (d) common areas within Parcel 3 of the Development Area. Landlord will not unreasonably withhold consent to any request by Tenant to allow Tenant’s telecommunication service provider to have access to the Building or to the Premises, provided that Landlord may condition such rights shall always access, without limitation of the foregoing, on Landlord’s approval of the identity of the service provider, its execution of an access and easement agreement satisfactory to Landlord and, during any period that any portion of the Building is leased by any tenant or occupant other than Tenant, should telecommunications services be furnished by such service provider to both Tenant and other tenants and occupants in the Building, then subject to the Rules and Regulations from time payment to time established Landlord by the service provider of fees assessed by Landlord pursuant to Section 14.7 and to in its reasonable discretion. Landlord reserves the right of Landlord to designate and change from time to time areas and facilities so to be used. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, without unreasonable interference with Tenant’s use: (a) to notify its officersinstall, employeesuse, agents maintain, repair, replace and invitees relocate for service to the Premises and other parts of such limitation of liability. Tenant acknowledges the Building, or either, pipes, ducts, conduits, wires and agrees that a license only is hereby grantedappurtenant fixtures, wherever located in the Premises or the Building, and no bailment is intended (b) to alter or relocate any other common facility, provided that substitutions are substantially equivalent or better. Installations, replacements and relocations referred to in clause (a) above shall be createdlocated so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises. Except in the case of emergencies or for normal cleaning and maintenance work, Landlord agrees to use its best efforts to give Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Akamai Technologies Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) 2.2.1 Tenant shall have, as appurtenant to the Premises, the non-exclusive nonexclusive right to use, use and to permit its invitees to use in common with others, public or common lobbies, hallways, stairways, elevators passenger and freight elevators, loading areas, sanitary facilities, conduits and risers in the loading platform Building necessary or convenient for Tenant’s use and occupancy of the Building and common roadways, driveways and walkways necessary for access to the BuildingPremises, and if (as provided in the portion of next subsection) the Premises on any floor includes less than parking facilities serving the entire floorBuilding (collectively, as same may be changed from time to time as provided in this Lease, the common toilets, corridors and elevator lobby of such floor; but such “Common Areas”). Such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant by suitable notice (and uniformly applied to Section 14.7 all occupants of the Building), and shall be subject to the right of Landlord to designate and change from time to time areas and facilities so to be so used; provided, no such change shall materially adversely affect Tenant’s access to, or use of, the Premises pursuant to the terms and conditions of this Lease. 2.2.2 Tenant shall also have, as appurtenant to the Premises, the nonexclusive right to use, and permit its employees and invitees to use, in common with others, on a first come, first serve basis, the open parking facilities serving the Building (bexcepting those spaces now or hereafter designated by Landlord as being for the exclusive use of others). Such parking rights shall be subject to the right of Landlord to limit the number of parking spaces available to Tenant, its employees and invitees, where the use of the same exceeds, in Landlord’s judgment, the greater of (i) Tenant’s pro rata share (based upon the ratio of the Rentable Floor Area of the Premises to the Rentable Floor Area of the Building) of the parking at the Building, or (ii) the ratio of approximately 3 spaces per 1,000 square feet of the Rentable Floor Area of the Premises. Included in the foregoing Tenant’s parking rights is Tenant’s right to use fifteen (15) parking spaces designated for Tenant’s exclusive use, which spaces are to be located in the covered parking area adjacent to the Building and may be relocated by Landlord in Landlord’s discretion from time to time within said covered parking area; provided, however, that Landlord shall have no liability to Tenant if such spaces are for any reason outside Landlord’s reasonable control at any time unavailable for Tenant’s exclusive use, nor shall Landlord have any obligation to enforce parking rules and regulations at the Property. Tenant shall have the right to install signage identifying such spaces for Tenant’s exclusive use, which such signage shall be subject to Landlord’s prior approval, not to be unreasonably withheld, conditioned or delayed, and otherwise consistent with other covered parking space designation signage. 2.2.3 Excepted and excluded from the Premises are the ceiling, floor, roof and all perimeter walls and exterior windows (of the Premises, except the inner surface of each surfaces thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are not excluded from the Premises and are a part thereof, provided thereof for all purposes; and Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with Tenant's ’s use of the Premises) utility lines, pipes and the like to serve premises other than the Premises, and to replace and maintain and repair such utility lines, pipes and the like in, over and upon the Premises. 2.2.4 During the hours of 8:00 A.M. to 6:00 P.M., Monday through Friday, legal holidays (both federal and state) in all cases excepted (“Normal Building Operating Hours”), the Building shall be open and access to the Premises shall be freely available, subject to interruption due to causes beyond Landlord’s reasonable control. In During periods other than Normal Building Operating Hours, Landlord shall provide means of access to the event that Premises, subject to security restrictions on such access, such as card access systems, and the other terms and conditions of this Lease. Access to the Premises during Normal Building Operating Hours and at other times shall always be subject to reasonable rules and regulations therefor from time to time established by Landlord by suitable notice (and uniformly applied to all occupants of the Building). Tenant acknowledges that, in all events, Tenant is responsible for providing security to the Premises and its own personnel, guests, invitees or agents and, to the maximum extent this agreement may be made effective according to law, Tenant shall install indemnify, defend with counsel of Landlord’s selection, and save Landlord harmless from any hung ceilings claim for injury to person or walls damage to property asserted by any personnel, employee, guest, invitee or agent of Tenant which is suffered or occurs in the Premises by reason of the act of any intruder or any other person in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 1 contract

Samples: Lease Agreement (Color Kinetics Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, (i) the non-exclusive right to use, and permit its invitees to use use, in common with others, public or common lobbies, hallways, stairways, and elevators and the loading platform of the Building and common roadwayswalkways, driveways and walkways drive aisles necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be used. ; provided the same does not adversely effect Tenant’s access to the Premises or use of the Premises for the Permitted Uses; and (ii) parking spaces based upon a ratio of four (4) spaces per 1,000 square feet of the Premises Rentable Area on the surface parking areas, on a non-exclusive, first-come, first-served basis. With respect to parking spaces, Landlord reserves the right to institute a tag or sticker system to monitor compliance by Tenant and others of use of the parking spaces. Tenant shall comply with all rules and regulations set forth by Landlord from time to time regarding the parking area including, without limitation, rules and regulations regarding guest parking. Landlord shall have no obligation to police the parking area or to insure the safety of Tenant’s automobiles. The Building shall be designated a non-smoking area and Tenant will comply, and will use diligent efforts to cause its employees and invitees to comply, with Building regulations regarding non-smoking areas. In the event that Landlord obtains permits for and constructs parking within Lot 4 as shown on the plan referenced in the attached Exhibit A, whether at the time of its initial development or thereafter, such that the total number of parking spaces for the Building exceeds the ratio of four (4) spaces per 1,000 square feet of the Building Rentable Area, Landlord agrees that all such excess parking spaces shall be added to the number of spaces allocated to Tenant hereunder; provided, however, the foregoing shall in no event be deemed to obligate Landlord to construct any excess parking for the Building. The parties acknowledge that such excess parking described in the immediately preceding sentence relates only to ground level parking spaces within Lot 4 as shown on the plan referenced in the attached Exhibit A, and not to any structured parking, or to any surface parking constructed on land which may be later incorporated into the Property that Landlord may later elect to construct. The parties acknowledge that Landlord reserves the right to construct a structured parking facility on the Property, and to add additional land into the Property on which may be constructed additional surface parking; provided that, in such event, (a) Tenant’s allocated number of parking spaces shall neither be reduced nor shall be increased thereby, and (b) Landlord may temporarily relocate Tenant's allocated number of parking spaces to a convenient location during such construction. Landlord further confirms that Landlord’s reserved right to alter the boundaries of the Property shall not reduce the parking allocated to Tenant hereunder. Excepted and excluded from the Premises are the ceiling, floor, floor and all perimeter walls and exterior windows (of the Premises, except the inner surface of each surfaces thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided ; and Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with Tenant's ’s use of the Premises. In ) utility lines, pipes and the event that Tenant shall install any hung ceilings or walls in like, in, over and upon the Premises, provided that Landlord shall, if it is reasonably feasible, place such utility lines, pipes and the like behind the walls, above the ceilings and below the floor of the Premises. Tenant shall install and maintain, as Landlord may require, proper access panels therein in any hung ceilings or walls as may be installed by Tenant following completion of the initial improvements to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level walls of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdPremises.

Appears in 1 contract

Samples: Lease Agreement (TechTarget Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right (subject to usethe rights of Landlord under this Lease and any mortgagee of the Property) to use the Property, and permit its invitees to use in common with others, the public or common lobbies, hallways, stairways, elevators the parking area located on the Property and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but . Tenant shall also have the right in common with others from time to time entitled thereto to use Alpha Road and that certain "40' Access Easement" and "Var. Width Access Easement" shown (the "Access Easements") on that certain Subdivision Plan of Land recorded in the Middlesex (North) Registry of Deeds in Plan Book 134, Plan 31 for vehicular and pedestrian access to and egress from the Property. Tenant shall have no other appurtenant rights and all such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 (and of which Tenant has notice) and to the right of Landlord to designate and change from time to time areas and facilities so to be used. (b) Excepted and excluded from During such times, if any, as Tenant is not the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity only occupant of the Building. , Tenant agrees that Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In ) interior storm windows, subcontrol devices (by way of illustration, an electric sub panel, etc.), utility lines, pipes, equipment and the event that Tenant shall install any hung ceilings or walls in like, in, over and upon the Premises, . Tenant shall install and maintain, as Landlord may require, proper access panels therein in any hung ceilings or walls as may be installed by Tenant in the Premises to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 1 contract

Samples: Sublease (Genomic Solutions Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees rights to use in common with othersothers entitled thereto the common facilities included in the Building or the land on which the Building is located (the “Lot”), public or including common walk- ways, driveways, lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Buildingramps, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such stairways. Such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 by suitable notice, and to the right of Landlord to designate desig- nate and to change from time to time the areas and facilities so to be used. (b) Excepted and excluded from , provided that such changes do not unrea- sonably interfere with the use of the Premises for the Permitted Use. Not included in the Premises are the roof or ceiling, floor, the floor and all perimeter walls and exterior windows (of the space identified in Ex- hibit A, except the inner surface of each thereof)surfaces thereof and the perimeter doors and windows. The Landlord reserves the right to install, use, maintain, repair and any space replace in the Premises used for (but in such manner as not unreasonably to interfere with Tenant’s use of the Premises) utility lines, shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, in, over and upon the Premises, provided that the same are concealed behind located above the dropped ceiling (or, if there is no dropped ceiling, then within three (3) feet of the roof deck), below the floor surfaces or tight against demising walls or columns. Xxxxxxxx agrees to repair any then existing walls and/or ceilings dam- age to the Premises caused by the installation of any such items. Such utility lines, shafts, pipes and the like shall not be deemed part of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premisesunder this Lease. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as The Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have reserves the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereofalter or relocate any com- mon facility, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice substitutions are at least equivalent in quality and functional utility to the common facili- ties as of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property thereindate of this Lease, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees change the lines of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdthe Lot.

Appears in 1 contract

Samples: Commercial Lease Agreement

APPURTENANT RIGHTS AND RESERVATIONS. (a) Subject to Landlord’s right to change or alter any of the following in Landlord’s discretion as herein provided, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public but not in a manner or extent that would materially interfere with the normal operation and use of the Building as a multi-tenant office building and subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which Tenant is given notice: (a) the common lobbies, hallwayscorridors, stairways, and elevators of the Building, and the pipes, ducts, shafts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others, (b) the loading platform of areas serving the Building and the common roadways, walkways and driveways and walkways necessary for access to the Building, and (c) if the portion of the Premises on any floor includes include less than the entire rentable floor area of any floor, the common toiletsrestrooms, corridors and elevator lobby of such floor; but such rights shall always be subject to floor and (d) the Rules and Regulations common areas of the Property as Landlord makes the same available from time to time established time; and no other appurtenant rights and easements. Notwithstanding anything to the contrary herein, Landlord has no obligation to allow any particular telecommunication service provider to have access to the Building or to the Premises. If Landlord permits such access, Landlord may condition such access upon the payment to Landlord by the service provider of fees assessed by Landlord pursuant to Section 14.7 and to in its sole discretion. Landlord reserves for its benefit the right of Landlord to designate and change from time to time areas time, without unreasonable interference with Tenant’s use: (a) to install, use, maintain, repair, replace and facilities so relocate for service to be used. the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or the Building, and (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and to alter or relocate any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereofcommon facility, provided that substitutions are substantially equivalent or better. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises. Except in the case of emergencies or for normal cleaning and maintenance operations, Landlord agrees to use all reasonable efforts to give Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises. Landlord reserves and accepts for its benefit all rights of ownership and use in all respects outside the Premises, including without limitation, the Building and all other structures and improvements on and common areas of the Property, except that at all times during the term of this Lease Tenant shall have a reasonable means of access from a public street to the right to use the vertical penetrations Premises. Without limitation of the Building for foregoing reservation of rights by Landlord, it is understood that in its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. sole discretion Landlord shall have the right to place in change and rearrange the Premises interior storm windowscommon areas, sun control devicesto change, utility linesrelocate and eliminate facilities therein, equipmentto erect new structures thereon, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor permit the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users lease all or part thereof (except for exhibitions and displays and to sell, lease or dedicate all or part thereof to public use; and further that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of make changes in, additions to and eliminations from the Building and other structures and improvements on the Property, the Premises excepted; provided however that Tenant, its employees, agents, clients, customers, and invitees shall at all times have reasonable access to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which and Premises. Landlord is not under any obligation to permit individuals without proper building identification to enter the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.after 6:00 p.m.

Appears in 1 contract

Samples: Lease Agreement (Advent Technologies Holdings, Inc.)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public or common lobbies, hallways, stairwaysstairways and elevators, elevators and the loading platform of the Building roadways and common roadways, driveways and walkways necessary for access to the BuildingBuilding including, without limitation, all common areas and if the portion appurtenances which are intended to be used and enjoyed by all tenants of the Premises on Building but specifically excluding any floor includes less than such area or appurtenances as are specifically reserved for the entire floor, exclusive use of other tenants of the common toilets, corridors and elevator lobby of such floorBuilding; but Tenant shall have no other appurtenant rights and all such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be used; provided that to the extent within Landlord’s control, reasonably equivalent substitutes therefor are made available. In exercising its rights pursuant to this Section 2.2(a), Landlord shall use good faith efforts, to the extent within its control to avoid unreasonable interference with Tenant’s use of the Premises. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (windows, except the inner surface of each surfaces thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided ; and Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with Tenant's ’s use of the Premises. In ) interior storm windows, subcontrol devices (by way of illustration, an electric sub panel, etc.), utility lines, pipes, equipment and the event that Tenant shall install any hung ceilings or walls in like, in, over and upon the Premises, . Tenant shall install and maintain, as Landlord may require, proper access panels therein in any high ceilings or walls as may be installed by Tenant in the Premises to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have Landlord, for the right (subject to benefit of the Rules Landlord, the Manager and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level all other tenants of the Building, provided, however, hereby expressly reserves the right and easement (the “Access Easement”) to use (i) that Landlord shall not be obligated to monitor portion of the use Premises located on the second floor of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects the Building identified on Exhibit A and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), Exhibit A-1 as the “Access Easement” and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces elevator situated in the parking areas located on elevator bank near the lots on which mezzanine lobby stairwell closest to the Building is situated in an amount, which when aggregated with Access Easement for purposes of access to and egress from the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet Loading Dock Area and the respective premises of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted in connection with deliveries to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on such respective tenant’s premises. Tenant hereby consents to the parking areas located on the lots on which the Building is situatedreservation and easement described in this Section 2.2(c). Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level In connection with each use of the BuildingAccess Easement and the elevator, the Manager shall insure that the elevator is padded to protect against damage and that a suitable screening device is in place to shield such delivery activities from the view of Tenant’s reception area. Landlord acknowledges that Tenant It shall have be the right responsibility of Manager to monitor enforce Building Rules and Regulations applicable to the timing of the use of Tenant's reserved parking spaces in the basement level of Access Easement and the Building padding and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized usersscreening requirements. The parking privileges granted herein are non-transferable except provisions of this Section 2.2(c) shall be binding upon and inure to an assignee or subtenant permitted pursuant to Article 6. Furtherthe benefit of Landlord, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, Manager and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents their respective successors and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdassigns.

Appears in 1 contract

Samples: Lease (Aspen Technology Inc /De/)

APPURTENANT RIGHTS AND RESERVATIONS. (a) a. Tenant shall have, as appurtenant to the Premises, (i) the non-exclusive right to use, and permit its invitees to use use, in common with others, public or common lobbies, hallways, stairways, and elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be usedused and (ii) one hundred sixty-four (164) parking spaces, of which one hundred sixty (160) spaces shall be on a non-exclusive, first-come, first-served basis, such spaces to be available in a surface level parking lot, and four (4) shall be reserved as set forth in Section 1.1 above. In addition, five (5) of the visitor spaces for the Building shall be designated “Visitors Abington Savings Bank”. With respect to parking spaces, Landlord reserves the right to institute a tag or sticker system to monitor compliance by Tenant and others of use of the parking spaces. Tenant shall comply with all rules and regulations set forth by Landlord from time to time regarding the parking area including, without limitation, rules and regulations regarding guest parking. Landlord shall have no obligation to police the parking area or to insure the safety of Tenant’s automobiles. The Premises shall be designated a non-smoking area and Tenant will comply, and cause its employees and invitees to comply, with Building regulations regarding non-smoking areas. Tenant shall also have, as appurtenant to the Premises, the right to install an emergency generator, at Tenant’s sole cost and expense and in accordance with the requirements of this Lease, in a location at the rear of the Property designated by Landlord, it being expressly understood that Tenant shall be responsible for obtaining all governmental permits and approvals required therefor. Landlord shall cooperate with Tenant in the securing of such permits. (b) b. Excepted and excluded from the Premises are the ceiling, floor, floor and all perimeter walls and exterior windows (of the Premises, except the inner surface of each surfaces thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided ; and Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with Tenant's ’s use of the Premises. In ) utility lines, pipes and the event that Tenant shall install any hung ceilings or walls in like, in, over and upon the Premises, provided that Landlord shall, if it is reasonably feasible, place such utility lines, pipes and the like behind the walls, above the ceilings and below the floor of the Premises. Tenant shall install and maintain, as Landlord may require, proper access panels therein in any hung ceilings or walls as may be installed by Tenant following completion of the initial improvements to afford access to any facilities above the ceiling or within or behind the wallswalls of the Premises. (c) c. Landlord hereby grants to Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) a license to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level a portion of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants roof of the Building shall in the location shown on Exhibit A-3 for the installation of a satellite dish or dishes to be used exclusively in the conduct of Tenant’s business in the Premises and not be permitted for lease or license to usethird parties, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on with conduits connecting such equipment to the parking areas located on the lots on which the Building is situatedPremises in a vertical chase mutually designated by Landlord and Tenant. Landlord Tenant shall install such equipment at its sole cost and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in accordance with the basement level provisions of Section 5.2 of the BuildingLease. Landlord acknowledges that Tenant shall have repair any damage to the right to monitor roof caused by the use installation, operation, or removal of Tenant's reserved parking spaces in ’s equipment, compensate Landlord for any impairment of Landlord’s roof warranty resulting therefrom, and remove all such equipment at the basement level end of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice Term of any enforcement measures Tenant has employed or will employ against unauthorized usersthis Lease. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss interference in the operation to Tenant’s equipment caused by other telecommunications equipment installed elsewhere in or damage due to fire, theft or otherwise to any automobile(s) parked in on the Building or elsewhere on the lots on which Property. The obligations of Tenant hereunder shall survive the Building is located expiration or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees termination of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Abington Bancorp Inc)

APPURTENANT RIGHTS AND RESERVATIONS. Pursuant to, and subject to the terms of, a Declaration of Covenants, Conditions and Restrictions of even date herewith, executed and declared by Landlord, approved by Tenant and recorded with the Middlesex South Registry District of the Land Court and the Middlesex South Registry of Deeds, together with the Notice of Lease relating to this Lease (a) the “CC&R’s”), Tenant shall have, as appurtenant to the Premises, the non-exclusive nonexclusive right to use, use and to permit its invitees to use in common with othersothers the walkways and driveways (the “Accessways”) located on property adjacent to the Premises (the “Adjacent Property”) shown as Lot MSO-1 on Exhibit A-l, public or common lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the BuildingPremises, and if which are shown as the portion “Roadway Easement” on the plan attached to the CC&R’s as Exhibit B-x, together with the other rights for use of portions of the Premises on any floor includes less than Adjacent Property specified in the entire floor, the common toilets, corridors and elevator lobby of such floor; but such CC&R’s. Such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant by written notice to Section 14.7 Tenant at least 30 days in advance and to the right of Landlord to reasonably designate and change from time to time areas and facilities so to be used. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface Accessways as long as such designated or changed Accessways provide substantially equivalent ease of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) access to the Premises are a part thereofand Tenant is provided notice at least 60 days before any such change. Tenant also consents to, and shall not interfere with, the use by the occupants of and/or the owners of the Adjacent Property of the Emergency Access Easement (as defined in the CC&R’s) located on the Premises to the extent required by law or for safety and/or emergency access, provided that such occupants and owners use the Emergency Accessways in accordance with the CC&R’s. Landlord shall indemnify and hold harmless Tenant and shall defend Tenant with counsel reasonably acceptable to Tenant against all liabilities, claims, losses, damages, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of the use of the Emergency Accessways by said occupants and owners, except to the extent arising from Tenant’s negligence or willful misconduct. Subject to, and in accordance with, the CC&R’s, Tenant shall have the right following easements, appurtenant to use the vertical penetrations Premises, over, under, on, affecting and encumbering the Adjacent Property: (a) an easement in, on, over and under the areas of the Building Adjacent Property shown as “Utility Easement” on the plan attached to the CC&R’s as Exhibit B-3, for its pipingthe installation, construction, inspection, repair, replacement, maintenance, use and operation of wires, cables, pipes, mains, conduits, sleeving trenches, manholes and cabling with the Landlord's prior written consentother fixtures, such consent not facilities and equipment necessary or convenient to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of provide electricity, telephone, cable, gas, water, sewer and other utility services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain(b) an easement for the installation, construction, inspection, repair, replacement, maintenance and operation of a sign in, on and over the areas on the Adjacent Property shown as Landlord may require, proper access panels therein to afford access to any facilities above “Sign Easement” on the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject plan attached to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdCC&R’s as Exhibit B-5.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Stratus Technologies International Sarl)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, public or common lobbies, restrooms, hallways, stairways, elevators and walkways within the Building, as well as the access roads, driveways, parking areas, loading platform areas, pedestrian sidewalks, landscaped areas, trash enclosures, recreation areas and other areas or facilities, if any, which are located in or on the Property and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building and common roadways, driveways and walkways necessary for access to (the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor"Common Facilities"); but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 15.7 (the "Rules and Regulations") and to the right of Landlord to designate and change from time to time areas and facilities so to be used, provided Tenant always has at least one reasonable means of access to the Premises. (b) Excepted and excluded from the Premises and the Common Facilities are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, (but in such manner and location as to reduce to a minimum interference with Tenant's use of the Premises and provided such placement shall not reduce the usable area of the Premises) utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may reasonably require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) . Tenant shall also have the right (subject be entitled to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces install any such ceilings or walls only in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated compliance with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet other terms and conditions of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Repligen Corp)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as ------------------------------------ appurtenant to the Premises, the non-exclusive right to use, and permit its agents, servants, guests, employees and invitees to use in common with others, public or common lobbies, hallways, stairways, stairways and elevators and the loading platform of the Building common walkways and common roadways, driveways and walkways roadways necessary for access to the BuildingBuilding together with common parking areas, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but Tenant shall have no other appurtenant rights and all such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be used. Landlord shall not grant rights to use the parking areas on the Property to tenants or occupants of other buildings, it being agreed and understood that the parking areas located on the Property are exclusively for the use of tenants and occupants of the Building. (b) Excepted and excluded from the Premises are the areas above the interior surface plane of the ceiling, floorfloor slab, exterior perimeter walls and exterior windows (windows, except the inner surface of each surfaces thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided ; and Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In ) interior storm windows, subcontrol devices (by way of illustration, an electric sub panel, etc.), utility lines, pipes, equipment and the event that Tenant shall install any hung ceilings or walls in like, in, over and upon the Premises, . Tenant shall install and maintain, as Landlord may require, proper access panels therein in any hung ceilings or walls as may be installed by Tenant in the Premises to afford access to any facilities above the ceiling or within or behind the walls. Except as otherwise expressly provided in this Lease, Landlord shall be responsible for the installation, repair and maintenance of such access panels. (c) Tenant and any permitted sublessee or permitted assignee of Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area have identity on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdDirectory Sign.

Appears in 1 contract

Samples: Lease (Desktop Data Inc)

APPURTENANT RIGHTS AND RESERVATIONS. Subject to the terms and conditions of this Lease, and except in the event of a casualty or eminent domain event, and subject to causes beyond Landlord’s reasonable control, Tenant will have access to the Premises on a twenty-four (a24) hour per day, seven (7) days per week basis. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees rights to use in common with othersothers entitled thereto the common facilities included in or serving the Building, public or including, common walkways, lobbies, hallways, ramps, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Buildingelevators, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such loading docks. Such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 Landlord, and to the right of Landlord to designate and to change from time to time the areas and facilities so to be used. (b) Excepted and excluded from , provided that such changes do not unreasonably interfere with the use of the Premises for the Permitted Use. Not included in the Premises are the roof or ceiling, floor, the floor and all perimeter walls and exterior windows (of the space identified in Exhibit FP, except the inner surface of each thereof), surfaces thereof and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry perimeter doors (and related glass and finish work) to the Premises are a part thereof, provided that windows. Tenant shall have the right to use one four (4) inch riser for telecommunications purposes at no cost to Tenant provided that any and all wiring shall be removed at the vertical penetrations end of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the BuildingTerm. Landlord shall have reserves the right to place install, use, maintain, repair and replace in the Premises interior storm windows, sun control devices, (but in such manner as not unreasonably to interfere with Tenant’s use of the Premises) utility lines, equipment, stacksshafts, pipes, conduits, ducts and the like, in, over and upon the Premises, provided that the same are concealed behind located above the dropped ceiling (or, if there is no dropped ceiling, then within three (3) feet of the roof deck), below the floor surfaces or tight against demising walls or columns. Landlord agrees to repair any then existing walls and/or ceilings damage to the Premises caused by the installation of any such items. Such utility lines, shafts, pipes and the like shall not be deemed part of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Areaunder this Lease. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have also reserves the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereofalter or relocate any common facility, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice substitutions are at least equivalent in quality and functional utility to the common facilities as of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees date of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdthis Lease.

Appears in 1 contract

Samples: Lease (Management Network Group Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Subject to Landlord’s or any other PruOwner’s right to change or alter any of the following in Landlord’s discretion as herein provided, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public but not in a manner or extent that would materially interfere with the normal operation and use of the Building as a multi-tenant office building and subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord or any other PruOwner of which Tenant is given notice: (a) the common lobbies, hallwayscorridors, stairways, and elevators of the Building, and the pipes, ducts, shafts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others, (b) the loading platform of areas serving the Building and the common roadways, walkways and driveways and walkways necessary for access to the Building, and (c) if the portion of the Premises on any floor includes include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to floor and (d) the Rules plazas and Regulations other common areas of the Prudential Center as Landlord or any other PruOwner makes the same available from time to time established time; and no other appurtenant rights and easements. Notwithstanding anything to the contrary herein, Landlord has no obligation to allow any particular telecommunication service provider to have access to the Building or to the Premises. If Landlord permits such access, Landlord may condition such access upon the payment to Landlord by the service provider of fees assessed by Landlord pursuant to Section 14.7 in its sole discretion. Landlord reserves for its benefit and to the benefit of any other PruOwner the right of Landlord to designate and change from time to time areas time, without unreasonable interference with Tenant’s use: (a) to install, use, maintain, repair, replace and facilities so relocate for service to be used. the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or the Building, and (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and to alter or relocate any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereofcommon facility, provided that substitutions are substantially equivalent or better. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises. Except in the case of emergencies or for normal cleaning and maintenance operations, Landlord agrees to use all reasonable efforts to give, or cause such PruOwner to give, Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises. Landlord reserves and excepts for its benefit and the benefit of any other PruOwner all rights of ownership and use in all respects outside the Premises, including without limitation, the Building and all other structures and improvements and plazas and common areas in the Prudential Center, except that at all times during the term of this Lease Tenant shall have a reasonable means of access from a public street to the Premises. Without limitation of the foregoing reservation of rights by Landlord, it is understood that in its sole discretion Landlord or any other PruOwner, as the case may be, shall have the right to change and rearrange the plazas and other common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of or lease all or part thereof for exhibitions and displays and to sell, lease or dedicate all or part thereof to public use; and further that Landlord or any other PruOwner, as the vertical penetrations of the Building for its pipingcase may be, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place make changes in, additions to and eliminations from the Building and other structures and improvements in the Prudential Center, the Premises interior storm windowsexcepted; provided however that Tenant, sun control devicesits employees, utility linesagents, equipmentclients, stackscustomers, pipes, conduits, ducts and invitees shall at all times have reasonable access to the like, provided Building and Premises. Landlord is not under any obligation to permit individuals without proper building identification to enter the same are concealed behind any then existing walls and/or ceilings Building after 6:00 p.m. No such change in the common areas shall materially and adversely affect the use or accessibility of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of for the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof)Permitted Uses, and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated such changes shall at all times be consistent with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants operation and maintenance of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces as a Class A office building in the basement level City of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdBoston.

Appears in 1 contract

Samples: Lease Agreement (Flex Pharma, Inc.)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common connection with others, public or common lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but Tenant shall have no other appurtenant rights and all such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be used. Notwithstanding the foregoing to the contrary, during the Term of this Lease, Tenant shall have, as appurtenant to the Premises, the exclusive right to use two (2) parking spaces in the parking lot (the "Tenant's Spaces") which Tenant spaces are to be in a location mutually agreeable to Landlord and Tenant. Tenant hereby acknowledges that Tenant shall, at its sole cost and expense identify such Tenant's Spaces with signage or other marking first approved in writing by Landlord. Landlord shall have no obligation to police or enforce Tenant's exclusive right to use Tenant's spaces. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (windows, except the inner surface of each surfaces thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided ; and Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In ) interior storm windows, subcontrol devices (by way of illustration, an electric sub panel, etc.), utility lines, pipes, equipment and the event that Tenant shall install any hung ceilings or walls in like, in, over and upon the Premises, . Tenant shall install and maintain, as Landlord may require, proper access panels therein in any hung ceilings or walls as may be installed by Tenant in the Premises to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 1 contract

Samples: Lease Agreement (Implant Science Corp)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public or common lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 this Lease and to the right of Landlord to designate and change from time to time areas and facilities so to be used. Tenant and its employees shall also have the non-exclusive right to use, in common with others entitled thereto, such other common areas and facilities in or appurtenant to the Building as Landlord may from time to time designate and provide. Tenant and its employees shall also have the non-exclusive right to use, in common with others from time to time entitled thereto, the parking areas located on the Fee Lot and the Leasehold Parking Area for the parking of registered and insured motor vehicles. (b) Excepted and excluded from the Premises are exterior faces of exterior walls, the ceilingcommon stairways and stairwells, floor, perimeter walls elevators and exterior windows (except the inner surface of each thereof), and any space in the Premises used for elevator shafts, stacks, pipes, conduits, fan rooms, mechanical, electric and telephone closets, janitor closets, freight elevator vestibules and pipes, ducts, electric conduits, wires and appurtenant fixtures serving exclusively or in common other utilities, sinks or other Building facilitiesparts of the Building, but included in the Premises are all entry doors (and related glass and finish work) to the Premises are a part thereofand all special installations of Tenant, such as interior stairs, special flues and special air conditioning facilities. Landlord reserves the right from time to time, without unreasonable interference with Tenant's use: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, shafts, wires and appurtenant fixtures, wherever located in the Premises or Building, and (b) to alter or relocate any other common facility, provided that Tenant shall have substitutions are substantially equivalent or better. Landlord reserves the right to exclusive use the vertical penetrations of the Building for its pipingall fan rooms, electric and telephone closets, janitor closets, freight elevator vestibules, pipes, ducts, conduits, sleeving wires and cabling with appurtenant fixtures located within the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building Premises which serve exclusively or (ii) the structural integrity in common other parts of the Building. Landlord shall have the right shall, in its exercise of rights under this Section 23(b), use reasonable efforts to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts avoid or minimize any inconvenience to Tenant and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use and enjoyment of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 1 contract

Samples: Lease (Netezza Corp)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees rights to use in common with othersothers entitled thereto the common facilities included in the Building or the land on which the Building is located (the “Lot”), public or including common walkways, driveways, lobbies, hallways, stairwaysramps, elevators stairways and the loading platform of the Building and common roadwayselevators, driveways and walkways necessary for access to said Premises and lavatories nearest thereto (the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such “Common Areas”). Such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 by suitable notice, and to the right of Landlord to designate and to change from time to time the areas and facilities so to be used. , provided that same (bi) Excepted do not conflict with the provisions of this Lease, (ii) are uniformly applied to all tenants located in the Building, except where circumstances can reasonably justify different treatment, (iii) do not unreasonably interfere with the use and excluded from operation of the Premises for the Permitted Use, or (iv) do not adversely affect Tenant’s access, parking rights or other use of the common facilities hereunder. Not included in the Premises are the roof or ceiling, floor, the floor and all perimeter walls and exterior windows (of the space identified in Exhibit A, except the inner surface of each thereof)surfaces thereof and the perimeter doors and windows. The Landlord reserves the right to install, use, maintain, repair and any space replace in the Premises used for (but in such manner as not unreasonably to interfere with Xxxxxx’s use of the Premises) utility lines, shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, in, over and upon the Premises, provided that the same are concealed behind located above the dropped ceiling (or, if there is no dropped ceiling, then within three (3) feet of the roof deck), below the floor surfaces or tight against demising walls or columns; provided that Landlord at all times uses reasonable efforts not to interfere with the operation of Tenant’s business at the Premises. Landlord agrees to repair any then existing walls and/or ceilings damage to the Premises caused by the installation of any such items. Such utility lines, shafts, pipes and the like shall not be deemed part of the Premises under this Lease. The Landlord also reserves the right to alter or are installed in relocate any common facility and to change the lines of the Lot, provided that such manner so as to reduce to a minimum interference changes do not unreasonably interfere with Tenant's the use of the Premises. In Premises for the event that Tenant shall install any hung ceilings Permitted Use, or walls in the Premises, Tenant shall install and maintain, with access thereto or parking therefore as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the wallsprovided for herein. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 1 contract

Samples: Lease Agreement (Icad Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-non- exclusive right to use, use and permit its invitees to use use, in common with others, public or common lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 14.5 and to the right of Landlord to designate and change from time to time areas and facilities so to be used. (b) Excepted Tenant shall have, as appurtenant to the Premises, the non- exclusive right, in common with others entitled thereto, to use the portions of the Land in such other locations thereon as are designated from time to time by Landlord, for parking by its customers, employees, suppliers and excluded visitors. Landlord reserves the right from time to time, and at Landlord's sole discretion, to alter or redesign the parking area, to temporarily close portions of the parking area and/or to relocate the ingress and egress to and from the Premises are parking area and Building provided, however, that Landlord will use reasonable efforts to minimize interference with Xxxxxx's use and enjoyment of the ceiling, floor, perimeter walls Premises. Tenant and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant its employees shall also have the right to use the vertical penetrations of use, in common with others entitled thereto, such other common areas and facilities in or appurtenant to the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein from time to afford access to any facilities above the ceiling or within or behind the wallstime designate and provide. (c) Tenant shall also have the right (subject have, as appurtenant to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during Premises, the initial Lease Term (i) on an exclusivenon- exclusive right, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord others entitled thereto from time to time, subject to notify its officerssuch regulations as Landlord shall from time to time impose, employeesto use the roads of the Office Park located within the Common Property for access to the Property and the Premises. (d) Excepted and excluded from the Premises are exterior faces of exterior walls, agents the common stairways and invitees stairwells, elevators and elevator shafts; but the entry doors to the Premises are a part thereof. Landlord reserves the right from time to time (a) to install, use, maintain, replace and relocate for service to the Premises and other parts of such limitation of liability. Tenant acknowledges the Building, or either, pipes, ducts, conduits, wires and agrees that a license only is hereby grantedappurtenant fixtures, wherever located in the Premises or Building, and (b) to alter or relocate any other common facility, provided that substitutions are substantially equivalent or better. However, with respect to any such activities within the Premises, Landlord shall act diligently to minimize interference with Xxxxxx's activities, so as to assure that there will be no bailment is intended material interference with Xxxxxx's use and enjoyment of the Premises. Landlord reserves the exclusive use of all fan rooms, electric and telephone closets, janitor closets, freight elevator vestibules, pipes, ducts, conduits, wires and appurtenant fixtures located within the Premises which serve exclusively or shall be createdin common other parts of the Building.

Appears in 1 contract

Samples: Standard Office Lease (Physicians Quality Care Inc)

AutoNDA by SimpleDocs

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to ----------------------------------- the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public but not in a manner or extent that would interfere with the normal operation and use of the Building as a multi-tenant office building and subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which Tenant is given notice: (a) the common lobbies, hallwayscorridors, stairways, and elevators of the Building, and the loading platform of pipes, ducts, shafts, conduits, wires and appurtenant meters and equipment serving the Building Premises in common with others, (b) the Loading Dock and the common roadways, walkways and driveways and walkways necessary for access to the Building, and (c) if the portion of the Premises on any floor includes include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby of such floor; but floor and (d) common areas within Parcel 4 of the Development Area. Landlord covenants and agrees that such rights rules and regulations shall always be subject to not prohibit Tenant using the Rules Building's common stairways for access among Floor 10, Floor 11 and Regulations from time to time established by Landlord pursuant to Section 14.7 and to Floor 12 of the right of Landlord to designate and change from time to time areas and facilities so to be used. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Building. Tenant shall have the right of access to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not Premises on a twenty-four (24) hour per day basis subject to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or reasonable rules and regulations as aforesaid so long as same do not prohibit such access, (ii) security measures promulgated by Landlord or the structural integrity managing agent respecting the manner of such access and (iii) Tenant paying for building operation services for periods not within the normal operating hours of the Building. Landlord shall have reserves the right right, initially at its cost and expense but subject, however, to place escalation payments as provided in the Premises interior storm windowsSection 7.5 hereof, sun control devicesfrom time to time, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum without unreasonable interference with Tenant's use use: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or the Building, and (b) to alter or relocate any other common facility, provided that substitutions are substantially equivalent or better. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises. Except in the case of emergencies, Landlord shall give Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises. In the event that Tenant any such work shall install any hung ceilings or walls result in a reduction of the Rentable Floor Area of the Premises, Landlord and Tenant promptly shall install and maintain, as Landlord may require, proper access panels therein execute an amendment to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial this Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces setting forth such reduction in the basement level said Rentable Floor Area of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate Premises as defined in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdSection 1.2 hereof.

Appears in 1 contract

Samples: Sublease (On Technology Corp)

APPURTENANT RIGHTS AND RESERVATIONS. (a) The Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees rights to use in common with othersothers entitled thereto: (a) the common facilities included in the Building or Lot, public or including common walkways, driveways, landscaped areas and grounds, common restrooms, lobbies, hallways, ramps, stairways, elevators loading docks, and elevators; (b) the loading platform parking facility (including the visitor's parking area and parking spaces reserved for the disabled), to the extent only of the Building number of the Tenant's Parking Spaces, at locations which may from time to time be designated by the Landlord. Use of the parking facility at times other than between the hours of 8:00 AM and common roadways6:00 PM, driveways Monday through Friday, and walkways necessary for access 8:00 AM and 1:00 PM Saturdays (legal holidays excepted) shall be subject to the Buildingright of the Landlord to restrict parking during snowplowing operations, and during repair, maintenance and restriping work affecting the parking area; (c) the pipes, ducts, conduits, wires and appurtenant equipment serving the Premises; (d) if the portion of the Premises on any floor includes include less than the entire Rentable Area of any floor, the common toilets, corridors and elevator lobby toilets in the central core area of such floor; but such and (e) use of the cafeteria to be constructed in the Building by the Landlord pursuant to Section 3.8. Such rights shall always be subject to the Rules and Regulations set forth in Exhibit C, as the may be amended by the Landlord from time to time and such other reasonable rules and regulations from time to time established by the Landlord pursuant to Section 14.7 by suitable notice, and to the right of the Landlord to designate and change from time to time areas and facilities so to be used. (b) Excepted and excluded from , provided that any such change does not unreasonably interfere with Tenant's use of the Premises. Not included in the Premises are the roof or ceiling, floor, the floor and all perimeter walls of the space identified in Exhibits A and exterior windows (A-1, except the inner surface of each thereof), surfaces thereof and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but perimeter doors and windows. The Tenant agrees that the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as not unreasonably to reduce to a minimum interference interfere with the Tenant's use of the Premises. In ) utility lines, telecommunication lines, shafts, pipes and the event that Tenant shall install any hung ceilings or walls like, for the use and benefit of the Landlord and other tenants in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, providedand to replace and maintain and repair such lines, howeverpipes and the like, that Landlord in, over and upon the Premises. Such utility lines, pipes and the like, shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants deemed part of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdunder this Lease.

Appears in 1 contract

Samples: Lease (Matrixone Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, the parking areas and walkways on the Land Parcel, public or common lobbies, hallways, stairways, stairways and elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but . Tenant shall have the right to use up to 3.4 parking spaces per 1,000 rentable square feet contained in the Premises, or thirty four (34) parking spaces, provided that Tenant hereby acknowledges that such parking shall be available on a first come, first serve basis and such spaces shall not be "reserved" for Tenant's exclusive use. Tenant acknowledges that Landlord may from time to time designate certain parking spaces on the Land Parcel as reserved for "visitors" of all tenants of the Building. Tenant shall additionally have the right through out the term (as the same may be extended), in common with other tenants of the Building, to use the Cafeteria and Fitness Center, as defined in Exhibit C. ​ Tenant shall have no other appurtenant rights other than those specifically set forth in this Section 2.2(a) and all such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be used.. Notwithstanding the foregoing, Landlord shall not materially impede or obstruct access to and from the Premises or the availability of proximate parking in the manner provided as of the Effective Date. ​ (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (windows, except the inner surface of each thereof), surfaces thereof and any space or areas in the Premises used for shafts, pipes, stacks, pipes, conduits, fan rooms, rooms ducts, electric electricity or other utilities, sinks mechanical rooms or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided . Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devicessubcontrol devices (by way of illustration, an electric sub panel, etc.), utility lines, equipment, stacks, pipes, conduits, ducts equipment and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of in, over and upon the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 1 contract

Samples: Lease (Ardelyx, Inc.)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Subject to Landlord’s right to change or alter any of the following in Landlord’s discretion as herein provided, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public but not in a manner or extent that would materially interfere with the normal operation and use of the Building as a multi-tenant office building and subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which Tenant is given notice: (a) the common lobbies, hallwayscorridors, stairways, and elevators of the Building, and the pipes, ducts, shafts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others, (b) the loading platform of areas serving the Building and the common roadways, walkways and driveways and walkways necessary for access to the Building, and (c) if the portion of the Premises on any floor includes include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to , and (d) the Rules cafeteria and Regulations from time to time established fitness center, if any, provided by Landlord pursuant for the use and enjoyment of tenants of the Complex (Landlord hereby agreeing to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be used. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space operate a cafeteria in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but Complex so long as Tenant leases and together with permitted assignees and/or subtenants under Article XII below occupies at least 83,000 square feet of rentable floor area in the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Building). Tenant shall have the right to contract separately with its own telecommunication service provider and Landlord will not unreasonably withhold consent to any request by Tenant to allow such provider to have access to the Building or to the Premises, provided that Landlord may condition such access, without limitation of the foregoing, on Landlord’s approval of the identity of the service provider, its execution of an access and easement agreement satisfactory to Landlord and, should telecommunications services be furnished by such service provider to both Tenant and other tenants and occupants in the Building, then subject to the payment to Landlord by the service provider of fees assessed by Landlord in its reasonable discretion. Landlord reserves the right from time to time, without material interference with Tenant’s use: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or the Building, and (b) to alter or relocate any other common facility, provided that substitutions are substantially equivalent or better. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises. Except in the case of emergencies or for normal cleaning and maintenance work, Landlord agrees to use its best efforts to give Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises. In all cases, Landlord shall use commercially reasonable efforts to minimize or avoid inconvenience to Tenant in connection with its exercise of the rights granted herein (consistent with the nature of the rights being exercised). 2.3.1 From the date of this Lease through October 31, 2009, Tenant shall have the non-exclusive right to use any of the conference rooms located on the first (1st), second (2nd) and third (3rd) floors of the Building. Effective as of November 1, 2009 and continuing for so long as Tenant leases the Initial Premises and the 11,731 square feet of rentable floor area on the third (3rd) floor of the Building designated as Must Take Premises on Exhibit B-2, Tenant shall have the exclusive right to use the vertical penetrations conference rooms located on the third (3rd) floor of the Building for its pipingany purpose and in any configuration as Tenant may determine, conduits, sleeving and cabling with Landlord acknowledges that Tenant may in the Landlord's prior written consent, future demolish the conference rooms on the third (3rd) floor and agrees that Tenant shall have no obligation to restore such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) conference rooms at the Landlord's utilization end of the Lease Term. As of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord date, Tenant shall no longer have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind use any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use conference rooms located on the first (1st) and second (2nd) floors of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. Building (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord may from time to time, time request to notify its officers, employees, agents and invitees of use such limitation of liability. Tenant acknowledges and agrees that a license only is hereby grantedconference rooms to the extent the third (3rd) floor conference rooms are in use, and no bailment is intended or Landlord shall be createdgrant such requests provided that by 4:00 p.m. on the business day immediately prior to the day on which Tenant has requested to use such conference room, Landlord has not received any request from another tenant of the Buildings to use such conference room at the same time Tenant had requested).

Appears in 1 contract

Samples: Lease Agreement (Constant Contact, Inc.)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Subject to Landlord’s right to change or alter any of the following in Landlord’s discretion as herein provided, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public but not in a manner or extent that would materially interfere with the normal operation and use of the Building as a multi-tenant office building and subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which Tenant is given notice: (a) the common lobbies, hallwayscorridors, stairways, and elevators of the Building, and the loading platform of pipes, ducts, shafts, conduits, wires and appurtenant meters and equipment serving the Building Premises in common with others, (b) the Loading Dock and the common roadways, walkways and driveways and walkways necessary for access to the Building, and (c) if the portion of the Premises on any floor includes include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby of such floor; but floor and (d) common areas within Parcel 4 of the Development Area. Landlord will not unreasonably withhold consent to any request by Tenant to allow Tenant’s telecommunication service provider to have access to the Building or to the Premises, provided that Landlord may condition such rights shall always access, without limitation of the foregoing, on Landlord’s approval of the identity of the service provider, its execution of an access and easement agreement satisfactory to Landlord and, should telecommunications services be furnished by such service provider to both Tenant and other tenants and occupants in the Building, then subject to the Rules and Regulations from time payment to time established Landlord by the service provider of fees assessed by Landlord pursuant to Section 14.7 and to in its reasonable discretion. Landlord reserves the right of Landlord to designate and change from time to time areas and facilities so to be used. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, without unreasonable interference with Tenant’s use: (a) to notify its officersinstall, employeesuse, agents maintain, repair, replace and invitees relocate for service to the Premises and other parts of such limitation of liability. Tenant acknowledges the Building, or either, pipes, ducts, conduits, wires and agrees that a license only is hereby grantedappurtenant fixtures, wherever located in the Premises or the Building, and no bailment is intended (b) to alter or relocate any other common facility, provided that substitutions are substantially equivalent or better. Installations, replacements and relocations referred to in clause (a) above shall be createdlocated so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises. Except in the case of emergencies or for normal cleaning and maintenance work, Landlord agrees to use its best efforts to give Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Akamai Technologies Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall havewill have the right, as appurtenant at its sole cost and expense, to construct, erect and locate on the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public or common lobbies, hallways, stairways, elevators and the loading platform fascia of the Building and common roadways, driveways and walkways necessary for access to the Building, and if the portion of upon the Premises on any floor includes less than such signs as may be permitted by the entire floor, Branford Zoning Regulations. All signage shall be in accordance with the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules and Regulations from time to time Branford sign criteria as established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be usedsaid Branford Zoning Regulations. (b) Excepted Subject to such reasonable security measures, requirements and excluded from limitations as Tenant may impose, upon restricted portions of the Premises are the ceilingBuilding, floorincluding vault areas, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant Landlord shall have the right to use enter the vertical penetrations Premises with reasonable advance notice (except in the case of a bona fide emergency, when. no notice shall be required) for the purpose of making any repairs for which Landlord is expressly responsible under this Lease, and Landlord shall also have the right to enter any public areas and common utility rooms of the Building for its piping, conduits, sleeving Premises during normal business hours and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations reasonable advance notice for the delivery purpose of services required inspecting the same and to be provided by make access available to prospective or existing mortgagees, purchasers, partners, investors or insurers, and with respect to Tenant, Landlord shall have the right to show the Premises during the last nine (9) months of the Term, including any extension thereof. Landlord agrees to use reasonable efforts to minimize any inconvenience, annoyance or interruption to Tenant's business operations, and to recognize and adhere to any tenants reasonable security requirements of the Building or (ii) the structural integrity Tenant in exercising such rights of the Buildingentry. Landlord shall have the right to place use any and all means which Landlord may deem proper in an emergency to obtain entry to the Premises interior storm windowswithout liability to Tenant, sun control devicesand any entry to the Premises obtained by Landlord by any of said means, utility linesor otherwise, equipmentshall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, stacksor a detainer of, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use an eviction of Tenant from the Premises. In the event that Tenant shall install Premises or any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the wallsportion thereof. (c) Tenant shall also have the right (subject right, at its sole cost and expense, to install and maintain its own security system at the Rules and Regulations established pursuant Premises, which system may prohibit access to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level portions of the BuildingPremises by the Landlord, providedits agents, however, that Landlord shall not be obligated to monitor the use of such parking spaces contractors or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 1 contract

Samples: Lease (Southern Connecticut Bancorp Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees rights to use in common with othersothers entitled thereto the common facilities included in the Building or the land on which the Building is located (the “Lot”), public or including common walkways, driveways, lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Buildingramps, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such stairways. Such rights shall always be subject to reasonable rules and regulations from time to time established by Landlord by suitable notice, and to the right of Landlord to designate and to change from time to time the areas and facilities so to be used, provided that such changes do not unreasonably interfere with the use of the Premises for the Permitted Use. Tenant shall abide by the Rules and Regulations from time to time established by Landlord, it being agreed that such Rules and Regulations will be established and applied by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be used. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consentnon-discriminatory fashion, such consent not that all Rules and Regulations shall be generally applicable to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any other tenants of the Building of similar nature to the Tenant named herein. Landlord agrees to use reasonable efforts to insure that any such Rules and Regulations are uniformly enforced, but Landlord shall not be liable to Tenant for violation of the same by any other tenant or (ii) the structural integrity occupant of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference persons having business with Tenant's use of the Premisesthem. In the event that Tenant there shall install any hung ceilings be a conflict between such Rules and Regulations and the provisions of this Lease, the provisions of this Lease shall control. Not included in the Premises are the roof or ceiling, the floor and all perimeter walls of the space identified in Exhibit A, except the inner surfaces thereof and the perimeter doors and windows. The Landlord reserves the right to install, use, maintain, repair and replace in the Premises (but in such manner as not unreasonably to interfere with Tenant’s use of the Premises) utility lines, shafts, pipes, and the like, in, over and upon the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities provided that the same are located above the dropped ceiling (or, if there is no dropped ceiling, then within three (3) feet of the roof deck), below the floor surfaces or within tight against demising walls or behind the walls. (c) Tenant shall also have the right (subject columns. Landlord agrees to repair any damage to the Rules Premises caused by the installation of any such items. Such utility lines, shafts, pipes and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord like shall not be obligated deemed part of the Premises under this Lease. The Landlord also reserves the right to monitor alter or relocate any common facility, provided that substitutions are at least equivalent in quality and functional utility to the use common facilities as of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use the date of such parking spaces against unauthorized users thereof)this Lease, and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants to change the lines of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situatedLot. Landlord shall install cause Tenant’s name to be listed on the building directory and maintain, at Tenant's expense, Building Standard the entry way to the Premises of similar type to the other signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 1 contract

Samples: Lease (Metabolix, Inc.)

APPURTENANT RIGHTS AND RESERVATIONS. (a) 2.2.1. Tenant shall have, as appurtenant to the Premises, the non-exclusive nonexclusive right to use, use and to permit its invitees to use in common with others, public or common lobbies, hallways, stairways, passenger elevators and sanitary facilities in the loading platform Building necessary for Tenant's use and occupancy of the Building Premises, any other common areas and common roadways, driveways and walkways necessary for access facilities as Landlord may designate from time to the Buildingtime, and if (as provided in the portion of next subsection) the Premises on any floor includes less than parking facilities serving the entire floorBuilding (collectively, the "common toilets, corridors and elevator lobby of such floor; but such areas"). Such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 by suitable notice, and shall be subject to the right of Landlord to designate and change from time to time areas and facilities so to be so used; provided, however, Landlord shall use commercially reasonable efforts to minimize any material interference with Tenant's use of or access to the Premises. 2.2.2. Tenant shall also have, as appurtenant to the Premises, the nonexclusive right to use, and permit its employees and invitees to use, in common with others, on a first come, first serve basis, the open parking facilities serving the Building (b) excepting those spaces now or hereafter designated by Landlord as being for the exclusive use of others). Such parking rights shall be subject to the right of Landlord to limit the number of parking spaces available to Tenant, its employees and invitees, where the use of the same exceeds, in Landlord's judgment, the ratio of 3.3 spaces per 1,000 square feet of the Rentable Floor Area of the Building. 2.2.3. Excepted and excluded from the Premises are the ceiling, floor, roof and all perimeter walls and exterior windows (of the Premises, except the inner surface of each surfaces thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are not excluded from the Premises and are a part thereof, provided thereof for all purposes; and Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with Tenant's use of the Premises) utility lines, pipes and the like to serve premises other than the Premises, and to replace and maintain and repair such utility lines, pipes and the like in, over and upon the Premises. 2.2.4. In During the event that hours of 8:00 A.M. to 6:00 P.M., Monday through Friday, legal holidays (both federal and state) in all cases excepted ("Normal Building Operating Hours"), the Building shall be open and access to the Premises shall be freely available, subject to interruption due to causes beyond Landlord's reasonable control. During periods other than Normal Building Operating Hours, Landlord shall provide means of access to the Premises, subject to security restrictions on such access, such as card access systems, and to Section 13.4.2 below. Access to the Premises during Normal Building Operating Hours and at other times shall always be subject to reasonable rules and regulations therefor from time to time established by Landlord by suitable notice. Tenant acknowledges that, in all events, Tenant is responsible for providing security to the Premises and its own personnel, and to the maximum extent permissible by law, Tenant shall install indemnify, defend with counsel of Landlord's selection, and save Landlord harmless from any hung ceilings claim for injury to person or walls damage to property asserted by any personnel, employee, guest, invitee or agent of Tenant which is suffered or occurs in or about the Premises or in or about the Building by reason of the act of any intruder or any other person in or about the Premises or the Building. 2.2.5. Landlord shall provide Tenant with the use of the modular furniture ("Modular Furniture") and all telephone and data wiring, cabling relating thereto, currently located in the Premises. Such Modular Furniture is provided to Tenant for use during the Lease Term on an "as is" "where is" basis with no representations or warranties of any kind or nature, express or implied, including the condition or suitability for Tenant's use thereof, none having been made. Tenant shall install be responsible for all costs and maintainexpenses relating to insuring, installing, moving, maintaining and wiring the Modular Furniture and shall return and yield-up the Modular Furniture with the Premises upon the termination or expiration of this Lease in the same condition as Landlord may requirethey were provided to Tenant, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) damage by reasonable wear and tear, but not casualty, excepted, and Tenant shall also have not remove the right (subject to Modular Furniture from the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during Premises or materially modify or alter the initial Lease Term (i) on an exclusiveModular Furniture without, reserved basisin each instance, seventeen (17) parking spaces in the basement level of the Buildingobtaining Landlord's prior written consent, provided, however, that Landlord which consent shall not be obligated to monitor the use of such parking spaces unreasonably withheld, conditioned or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createddelayed.

Appears in 1 contract

Samples: Lease (Soundbite Communications Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public or common lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be used, provided that Tenant's use of and access to the Premises and Parking Areas shall not be materially adversely affected. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises (but in such manner as to reduce to a minimum interference with Tenant's use of the Premises) interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) During the Term of this Lease, Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusiveuse, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusiveexclusive first-come, unreserved basis and in common with use by other tenants of the Complexfirst-served basis, parking spaces in the parking areas located on the lots on which Property designated from time to time by Landlord for the use of tenants of the Building is situated in an amount, which when aggregated with (the "Parking Area") for the unreserved parking of passenger automobiles. The Parking Area currently contains approximately 3.96 spaces reserved in (iinclusive of any handicap spaces required by law) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of rentable area in the Park ("Parking Ratio") and in no event shall Tenant have the right to use more than the Parking Ratio (based on the Premises Rentable Area). Tenant shall park and shall cause its employees to park only in the Parking Area (and not in other parking areas of the Park). In order to restrict the use by Tenant's employees of areas designated or which may be designated by Landlord as handicapped, reserved or restricted parking areas, or for any other business purpose, Tenant agrees that it will, at any time and from time to time as requested by Landlord, furnish Landlord with the owners' names and the license plate numbers of any vehicle of Tenant and Tenant's employees. Landlord covenants that reserves the other tenants of right to institute a parking control system, and to establish and modify or amend rules and regulations governing the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situateduse thereof. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor revoke a user's parking privileges in the event such user fails to abide by the rules and regulations governing the use of Tenant's reserved the Parking Area. Tenant shall be prohibited from using the Parking Area for purposes other than for parking spaces registered vehicles. The storage, repair or overnight parking of vehicles in the basement level Parking Area is strictly prohibited. Tenant and its employees shall observe reasonable safety precautions in the use of the Building Parking Area and shall at all times abide by all rules and regulations governing the use of the Parking Area promulgated by Landlord or the Parking Area operator (if any) and delivered to enforce reasonably Tenant's exclusive use against unauthorized users Tenant in writing prior to the enforcement thereof. Landlord reserves the right to temporarily close the Parking Area during periods of unusually inclement weather, provided that Tenant shall provide Landlord with promptfor repairs, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property thereinprevent a dedication thereof, and Tenant covenants and agrees, upon request from shall not be entitled to any abatement of Basic Rent or other damages as a result thereof. Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granteddoes not assume any responsibility, and no bailment is intended shall not be held liable, for any damage or shall be createdloss to any automobile or personal property in or about the Parking Area, or for any injury sustained by any person in or about the Parking Area.

Appears in 1 contract

Samples: Lease Agreement (SmartPros Ltd.)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public or Landlord and others (i) any common lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building; and (ii) the access roads, driveways, parking areas (as the same may be designated or modified by Landlord from time to time), loading areas, pedestrian sidewalks, landscaped areas, trash enclosures and other areas or facilities, if any, which are located in or on the portion Property and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floorBuilding; but such rights shall always be subject to the Rules such rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 SECTION 16.6 (the "RULES AND REGULATIONS") which Rules and Regulations shall be enforced in a manner which is consistent among all tenants of the Building; and such rights shall also be subject to the right of Landlord to designate and change from time to time areas and facilities so to be usedused and to Landlord's right to grant, modify and terminate easements and other encumbrances so long as the same do not materially and adversely interfere with the use of the Premises by Tenant and do not materially and adversely impact vehicular access and/or parking areas on the Property. If the Building is located within a Park, then the Tenant's rights shall also be subject to any rules and regulations imposed, from time to time, by the entity governing the Park. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant Landlord shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlordcause Tenant's prior written consent, such consent not name to be unreasonably withheld if such use by Tenant will not adversely affect (i) listed on the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity monument directory located in front of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have be entitled to use the right (Building's parking area(s), subject to the provisions hereof and the Rules and Regulations established pursuant to Section 14.7) to Regulations. Tenant acknowledges that its use without charge therefor during of the initial Lease Term (i) parking spaces shall be on an exclusiveunreserved, reserved basis, seventeen (17) parking non-exclusive basis and that such spaces in the basement level of the Building, provided, however, that shall be used solely for Tenant's employees and visitors. Landlord shall not be obligated liable to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building this Lease shall not be permitted to useaffected, on an aggregate basisif any parking rights of Tenant hereunder are impaired by any law, more than 3.3 parking spaces per 1,000 square feet ordinance or other governmental regulation imposed after the date of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Beacon Power Corp)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive nonexclusive right to use, use and to permit its invitees to use in common with others, public or common lobbies, hallways, stairways, passenger and freight elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to sanitary facilities in the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 by suitable notice and to the right of Landlord to designate and change from time to time areas and facilities so to be used. (b) . Excepted and excluded from the Premises are the roof or ceiling, floor, the floor and all perimeter walls and exterior windows (of the Premises, except the inner surface of each surfaces thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are not excluded from the Premises and are a part thereof, provided thereof for all purposes; and Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In ) utility lines, pipes and the event that Tenant shall install any hung ceilings or walls in like to serve premises other than the Premises, Tenant and to replace, maintain and repair such utility lines, pipes and the like, in, over and upon the Premises. During the hours of 8:00 A.M. to 6:00 P.M., Monday through Friday, and 8:00 A.M. to 1:00 P.M. on Saturdays, legal holidays in all cases excepted (hereinafter referred to as "Normal Building Operating Hours"), the Building shall install be open and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant Premises shall also have the right (be freely available, subject to the Rules and Regulations established pursuant interruption due to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenantcauses beyond Landlord's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenantreasonable control. During periods other than Normal Building Operating Hours, Landlord shall cooperate provide means of access to the Building by an electronic key card system, but access to the Premises during Normal Building Operating Hours and at other times shall always be subject to reasonable rules and regulations therefor from time to time established by Landlord by suitable notice. Tenant acknowledges that, in all reasonable respects events, Xxxxxx is responsible for providing security to the Premises and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof)its own personnel, and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right indemnify, defend with counsel of Landlord's selection, and save Landlord harmless from any claim for injury to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss person or damage due to fireproperty asserted by any personnel, theft employee, guest, invitee or otherwise to any automobile(s) parked agent of Tenant which is suffered or occurs in or about the Premises, the Building or on the lots on which Land by reason of the Building is located act of an intruder or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended other person in or shall be createdabout the Premises.

Appears in 1 contract

Samples: Office Lease (Be Free Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall havewill have the right, as appurtenant at its sole cost and expense, to maintain signage on the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public or common lobbies, hallways, stairways, elevators and the loading platform fascia of the Building and common roadwaysupon Premises, driveways and walkways necessary for access to provided only the Building, and if same are in accordance with the portion City of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules and Regulations from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be usedNew Haven sign criteria. (b) Excepted Subject to such reasonable security measures, requirements and excluded from limitations as Tenant may impose upon restricted portions of the Premises are the ceilingBuilding, floorincluding vault areas, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant Landlord shall have the right to use enter the vertical penetrations Premises with reasonable advance notice (except in the case of a bona fide emergency, when no notice shall be required) for the purpose of making any repairs for which Landlord is expressly responsible under this Lease, and Landlord shall also have the right to enter the public areas and utility rooms of the Building for its piping, conduits, sleeving Premises during normal business hours and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations reasonable advance notice for the delivery purpose of services required inspecting the same and to be provided by make access available to prospective or existing mortgagees, purchasers, partners, investors or insurers, and with respect to tenants, Landlord shall have the right to show the unrestricted portions of the Premises during the last nine (9) months of the Term, including any extension thereof. Landlord agrees to use reasonable efforts to minimize any inconvenience, annoyance or interruption to Tenant's business operations, and to recognize and adhere to any tenants reasonable security requirements of the Building or (ii) the structural integrity Tenant in exercising such rights of the Buildingentry. Landlord shall have the right to place use any and all means which Landlord may deem proper in an emergency to obtain entry to the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings unrestricted portions of the Premises without liability to Tenant, and any entry to the Premises obtained by Landlord by any of said means, or are installed in such manner so as otherwise, shall not under any circumstances be construed or deemed to reduce to be a minimum interference with Tenant's use forcible or unlawful entry into, or a detainer of, the Premises or an eviction of Tenant from the Premises. In the event that Tenant shall install Premises or any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the wallsportion thereof. (c) Tenant shall also have the right (subject right, at its sole cost and expense, to install and maintain its own security systems at the Rules and Regulations established pursuant Premises, which systems may prohibit access to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level portions of the BuildingPremises by the Landlord, providedits agents, however, that Landlord shall not be obligated to monitor the use of such parking spaces contractors or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 1 contract

Samples: Lease (Southern Connecticut Bancorp Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) a. Tenant shall have, as appurtenant to the Premises, (i) the non-exclusive right to use, and permit its invitees to use use, in common with others, public or common lobbies, hallways, stairways, and elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be usedused and (ii) at no additional charge to Tenant, 3.74 parking spaces per 1,000 square feet of Premises Rentable Area on a non-exclusive, first-come, first-served basis, such spaces to be available in a surface level parking lot and .26 parking spaces per 1,000 square feet of Premises Rentable Area in the parking garage located under the Building, on a non-exclusive, first-come, first-served basis. With respect to parking spaces, Landlord reserves the right to institute a tag or sticker system to monitor compliance by Tenant and others of use of the tag or sticker system to monitor compliance by Tenant and others of use of the parking spaces. The Premises shall be designated a non-smoking area and Tenant will comply, and cause its employees and invitees to comply, with reasonable Building regulations regarding non-smoking areas. (b) b. Excepted and excluded from the Premises are the ceiling, floor, floor and all perimeter walls and exterior windows (of the Premises, except the inner surface of each surfaces thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided ; and Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In ) utility lines, pipes and the event that Tenant shall install any hung ceilings or walls in like, in, over and upon the Premises, . Tenant shall install and maintain, as Landlord may require, proper access panels therein in any hung ceilings or walls as may be installed by Tenant in the Premises to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 1 contract

Samples: Sublease Agreement (J Jill Group Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) 2.2.1. Tenant shall have, as appurtenant to the Premises, the non-exclusive nonexclusive right to use, use and to permit its invitees to use in common with others, public or common lobbies, hallways, stairways, passenger elevators and sanitary facilities in the loading platform Building necessary for Tenant's use and occupancy of the Building Premises, any other common areas and common roadways, driveways and walkways necessary for access facilities as Landlord may designate from time to the Buildingtime, and if (as provided in the portion of next subsection) the Premises on any floor includes less than parking facilities serving the entire floorBuilding (collectively, the "common toilets, corridors and elevator lobby of such floor; but such areas"). Such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 by suitable notice, and shall be subject to the right of Landlord to designate and change from time to time areas and facilities so to be so used; provided, however, Landlord shall use commercially reasonable efforts to minimize any material interference with Tenant's use of or access to the Premises. 2.2.2. Tenant shall also have, as appurtenant to the Premises, the nonexclusive right to use, and permit its employees and invitees to use, in common with others, on a first come, first serve basis, the open parking facilities serving the Building (b) excepting those spaces now or hereafter designated by Landlord as being for the exclusive use of others). Such parking rights shall be subject to the right of Landlord to limit the number of parking spaces available to Tenant, its employees and invitees, where the use of the same exceeds, in Landlord's judgment, the ratio of 3.3 spaces per 1,000 square feet of the Rentable Floor Area of the Building. 2.2.3. Excepted and excluded from the Premises are the ceiling, floor, roof and all perimeter walls and exterior windows (of the Premises, except the inner surface of each surfaces thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are not excluded from the Premises and are a part thereof, provided thereof for all purposes; and Tenant agrees that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed (but in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In ) utility lines, pipes and the event that Tenant shall install any hung ceilings or walls in like to serve premises other than the Premises, Tenant and to replace and maintain and repair such utility lines, pipes and the like in, over and upon the Premises. 2.2.4. During the hours of 8:00 A.M. to 6:00 P.M., Monday through Friday, legal holidays (both federal and state) in all cases excepted ("Normal Building Operating Hours"), the Building shall install be open and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant Premises shall also have the right (be freely available, subject to the Rules and Regulations established pursuant interruption due to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenantcauses beyond Landlord's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenantreasonable control. During periods other than Normal Building Operating Hours, Landlord shall cooperate in all reasonable respects provide means of access to the Premises, subject to security restrictions on such access, such as card access systems, and to Section 13.4.2 below. Access to the Premises during Normal Building Operating Hours and at Tenant's expense with Tenant's efforts other times shall always be subject to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), reasonable rules and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord regulations therefor from time to time, to notify its officers, employees, agents and invitees of such limitation of liabilitytime established by Landlord by suitable notice. Tenant acknowledges that, in all events, Tenant is responsible for providing security to the Premises and agrees that a license only is hereby grantedits own personnel, and no bailment to the maximum extent permissible by law, Tenant shall indemnify, defend with counsel of Landlord's selection, and save Landlord harmless from any claim for injury to person or damage to property asserted by any personnel, employee, guest, invitee or agent of Tenant which is intended suffered or shall be createdoccurs in or about the Premises or in or about the Building by reason of the act of any intruder or any other person in or about the Premises or the Building.

Appears in 1 contract

Samples: Lease (Soundbite Communications Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Subject to Landlord’s right to change or alter any of the following in Landlord’s discretion as herein provided so long as such changes or alterations do not materially and adversely affect Tenant’s use or occupancy of, or access to, the Premises, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public but not in a manner or extent that would materially interfere with the normal operation and use of the Building as a multi-tenant office and laboratory building and subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord in accordance with Section 11.4 of which Tenant is given notice: (a) the common lobbies, hallwayscorridors, stairways, and elevators of the Building, and the pipes, ducts, shafts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others, (b) the loading platform of areas, loading docks, and freight elevators serving the Building and the common roadways, walkways and driveways and walkways necessary for access to the Building, and (c) if the portion of the Premises on any floor includes include less than the entire rentable floor area of any floor, the common toiletsrestrooms, corridors and elevator lobby of such floor; but such rights shall always be subject to , (d) the Rules showers located on the first (1st) floor, (e) the bicycle storage area located on the first (1st) floor, and Regulations (f) the plazas and other common areas of the Project as Landlord makes the same available from time to time established by Landlord pursuant to Section 14.7 (collectively, the “Common Areas”); and to the right of Landlord to designate no other appurtenant rights and change from time to time areas and facilities so to be used. (b) Excepted and excluded from the Premises are the ceilingeasements, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space as otherwise expressly set forth in the Premises used for shaftsLease. From and after the Occupancy Date, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have reasonable access to the right to use the vertical penetrations of the Building for its piping, conduits, sleeving at least two (2) loading docks and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by two (2) freight elevators. Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling such loading docks during Normal Business Hours at no separate cost or within or behind the walls. (c) Tenant shall also have the right (subject fee to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, Tenant; provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, the costs and no bailment is intended or expenses of operating and maintaining the loading docks may be included in Operating Expenses. Such access shall be createdsubject to Landlord’s priority of use during the performance of Landlord’s Work and to Landlord’s reasonable requirements.

Appears in 1 contract

Samples: Lease Agreement (Tango Therapeutics, Inc.)

APPURTENANT RIGHTS AND RESERVATIONS. (aA) Subject to Landlord’s or any other HubOwner’s right to change or alter any of the following in its discretion as herein provided, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public but not in a manner or extent that would materially interfere with the normal operation and use of the Office Building as a multi-tenant office building and subject to reasonable rules of general applicability to tenants of the Office Building (which shall be non-discriminatory with respect to tenants in similar circumstances) from time to time made by Landlord or any other HubOwner of which Tenant is given written notice: (a) the common lobbies, hallwayscorridors, stairways, and elevators of the Office Building, and the pipes, ducts, shafts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others, (b) the loading platform of areas serving the Office Building and the common roadways, walkways and driveways and walkways necessary for access to the Office Building, and (c) if the portion of the Premises on any floor includes include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby of such floor; but floor and (d) such rights shall always be subject to other common areas of the Rules and Regulations Hub Complex as Landlord or any other HubOwner, as the case may be, makes the same available from time to time established by time; and no other appurtenant rights and easements. (B) Landlord pursuant to Section 14.7 reserves for its benefit and to the benefit of any HubOwner the right of Landlord to designate and change from time to time areas time, without material interference with Tenant’s use: (a) to install, use, maintain, repair, replace and facilities relocate for service to the Premises and other parts of the Office Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or the Office Building, and (b) to alter or relocate any other common facility, provided that substitutions are substantially equivalent or better. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Office Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises or, if not so practicable, then in an unobtrusive location within the Premises, in which event the Rentable Floor Area of the Premises shall be reduced to be usedthe extent that such installations, replacements and relocations reduce the physical floor space available to Tenant within the Premises. Except in the case of emergencies or for normal cleaning or maintenance operations, Landlord agrees to use all reasonable efforts to give, or cause such HubOwner to give, Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises. Notwithstanding anything to the contrary contained in this Lease, in making any entry into the Premises, and in performing any work in the Premises or the Office Building, Landlord shall use diligent efforts to minimize interference with the conduct of Tenant’s business in the Premises, consistent with the nature of the reason for such entry. (bC) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) Notwithstanding anything to the Premises are a part thereofcontrary contained in this Lease, provided that Tenant shall have the right to use select its own telecommunications provider from those providers that serve the vertical penetrations of Office Building, subject to Landlord’s reasonable approval (“Tenant’s Telecom Provider”), and, so long as the Premises are the only premises in the Office Building for its pipingserved by Tenant’s Telecom Provider, conduitsLandlord agrees that it shall not charge any fees to Tenant’s Telecom Provider. However, sleeving and cabling with if Tenant’s Telecom Provider serves any other premises in the Landlord's prior written consentOffice Building, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place charge fees to Tenant’s Telecom Provider in connection with the services being performed by Tenant’s Telecom Provider at the reasonable, prevailing rates, from time to time, then being charged by Landlord to other telecommunication service providers in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided Office Building providing the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as similar services to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls other office tenants in the Premises, Office Building. Landlord agrees not to discriminate against Tenant shall install and maintain, as Landlord may require, proper access panels therein or to afford access act arbitrarily in assessing such fees to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term Tenant’s Telecom Provider. Subject to: (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof)foregoing, and (ii) Tenant’s Telecom Provider entering into reasonable access agreement consistent with this Section 2.2, Landlord shall permit Tenant’s Telecom Provider to install cabling to Tenant’s floors and to have access to the Office Building and the Premises to install telecommunications equipment, using a portion of available Office Building shafts, conduits, and related telecommunications rooms (on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots floors on which the Premises is located and in the Office Building is situated in an amount, which when aggregated with shafts proportionate to the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants portion of the Office Building leased by Tenant). All such installations and replacements from time to time shall not be permitted to usemade by Tenant or the applicable service provider in accordance with Article IX. (D) Landlord reserves and excepts for its benefit and the benefit of any HubOwner all rights of ownership and use in all respects outside the Premises, on an aggregate basisincluding without limitation, more than 3.3 parking spaces per 1,000 square feet of the Office Building Rentable Area on the parking and all other structures and improvements and plazas and common areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level Hub Complex, provided that at all times during the Term of this Lease, Tenant shall have a reasonable means of access from a public street to the Premises. Without limitation of the Building. foregoing reservation of rights by Landlord, it is understood that in its sole discretion, Landlord acknowledges that Tenant or any HubOwner (as the case may be) shall have the right to monitor change and rearrange the plazas and other common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of Tenant's reserved parking spaces or lease all or part thereof for exhibitions and displays and to sell, lease or dedicate all or part thereof to public use; and further that Landlord or any HubOwner, as the case may be, shall have the right to make changes in, additions to and eliminations from the Office Building and other structures and improvements in the basement level of Hub Complex, the Building and to enforce reasonably Premises excepted; provided however that Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with promptits employees, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Furtheragents, Landlord assumes no responsibility whatsoever for loss or damage due to fireclients, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property thereincustomers, and Tenant covenants invitees shall at all times have reasonable access to the Premises. Landlord is not under any obligation to permit individuals without proper building identification or proper registration on a visitor list to enter the Office Building during the hours outside of 8:00 AM to 6:00 PM. (E) Landlord (on behalf of itself and agrees, upon request from all Landlord Affiliates) shall have the right at any time and from time to time, in its sole discretion, to notify its officerssubmit all or any portion of the Hub Complex to one or more condominiums pursuant to Massachusetts General Laws, employeesChapter 183 A (the “Condominiums”) and/or to create different fee or leasehold parcels (including air rights parcels) for the different components of the Hub Complex (the Condominiums and any such fee or leasehold parcels being hereinafter referred to, agents singly and invitees of such limitation of liabilitycollectively, as the “Ownership Parcels”). Subject to the terms and conditions set forth in this paragraph Tenant acknowledges covenants and agrees for itself and for the holders of any mortgages or other security interests in Tenant’s leasehold (“Leasehold Security Holders”), (i) that a license only is hereby grantedthe consent or approval of Tenant (and any such Leasehold Security Holders) shall not be necessary or required in order to create any of the Ownership Parcels, and no bailment is intended or (ii) that this Lease shall be createdsubject and subordinate to all of the documents creating such Ownership Parcels and pursuant to which such Ownership Parcels are governed (collectively the “Ownership Documents”) with the same force and effect as if this Lease (and any Notice of Lease) were executed, acknowledged, delivered and recorded subsequent to the execution, acknowledgment, delivery and recording of the Ownership Documents. Such subordination shall be upon the condition (i) that in no event shall the creation of any one or more Ownership Parcels (A) adversely modify, or expressly permit adverse modification of, the operation and maintenance requirements set forth in this Lease; and (B) unreasonably interfere with or materially, adversely affect Tenant’s use of, or access to, the Premises or to the common areas in the Hub Complex and/or any of Tenant’s rights or benefits under the terms of this Lease, and (ii) that the creation of any Ownership Parcels shall not affect Landlord’s obligations under this Lease, including, without limitation, Landlord’s obligations to provide maintenance, repairs and services as required pursuant to this Lease. Landlord shall give Tenant thirty (30) days’ prior notice accompanied by proposed condominium documents before submitting any portion of the Office Building to a condominium.

Appears in 1 contract

Samples: Lease Agreement (Rapid7, Inc.)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as ----------------------------------- appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public or common lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be used. (b) Excepted and excluded from the Premises are the ceilingstructural elements of the Building, floorincluding without limitation the roof, perimeter walls exterior walls, foundations and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the exterior entry doors (and related glass and finish work) to the Premises ), interior partitions and doors, hung ceilings and lobby areas are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises (but in such manner as to minimize to the extent reasonably practicable interference with Tenant's use of the Premises) interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like. Landlord shall notify Tenant in advance of the installation of any such utility lines, provided stacks, pipes, conduits, ducts and the same are concealed behind like so as to minimize any then existing walls and/or ceilings adverse impact on Tenant's business operations. In addition, but subject to Tenant's reasonable security restrictions set forth in Exhibit TS, Landlord and its agents, employees and contractors shall have ---------- the right to pass through that portion of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use located on the ground floor of the PremisesBuilding to gain access to the basement of the Building. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules reasonable rules and Regulations regulations from time to time established pursuant to Section 14.7by Landlord) to use without charge therefor during the initial Lease Term (i) use, on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-non- exclusive, unreserved basis and in common with use by other tenants of the Complexbasis, up to four parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per Property for each 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on responsible for policing the parking areas located on the lots on which the Building is situatedor for restricting access thereto by parties other than tenants of Landlord's buildings. Landlord Such spaces shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever be used for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property thereinprivate passenger automobiles only, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended not for delivery trucks or shall be createdother like vehicles.

Appears in 1 contract

Samples: Lease (Lycos Inc)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, use and permit its invitees to use use, in common with others, public or common toilets, lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Building, ; and if the portion of the Premises on any floor of the Building includes less than the entire floor, the public or common toilets, corridors and elevator lobby of such floor; but such . Such rights shall always be subject to the Rules all rules and Regulations regulations established by Landlord from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time the areas and facilities so to be usedused by the Tenant. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except areas behind the inner inside surface of each thereof)exterior walls, the common stairways and any space in the Premises used for stairwells, common lobby areas, shower and shower areas, vending machine and mail areas, elevators and elevator shafts, stacks, pipes, conduits, fan rooms, ductsmechanical, electric or other utilitiesand telephone closets, sinks or other Building facilitiesjanitor closets, but the entry doors (freight elevator vestibules and related glass and finish work) to the Premises are a part thereofpipes, provided that Tenant shall have the right to use the vertical penetrations of the Building for its pipingducts, conduits, sleeving wires and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building appurtenant fixtures serving exclusively or (ii) the structural integrity in common other parts of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings Included as part of the Premises or are installed in all entry doors to the Premises and all special installations of Tenant, such manner so as interior stairs, special flues and special air conditioning facilities. Landlord reserves the right from time to reduce to a minimum time, without unreasonable interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises: (a) to install, Tenant shall install and use, maintain, as Landlord may requirerepair, proper access panels therein to afford access to replace and relocate pipes, ducts, conduits, shafts, wires and appurtenant fixtures, in, over and upon the Premises and/or any facilities above other areas within the ceiling or within or behind the walls. Building, and (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7b) to alter or relocate any other common facility, provided that any substitutions for such common facilities shall be of substantially equivalent or better quality. Landlord further reserves the exclusive right to use without charge therefor during all rooms, areas, equipment, fixtures, pipes, ducts, conduits, wires and appurtenances located ' within the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level Premises which serve other premises or parts of the Building, providedincluding all fan rooms, howeverelectric and telephone closets, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenantjanitor closets, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof)freight elevator vestibules, and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdlike.

Appears in 1 contract

Samples: Lease Agreement (International Wireless Inc)

APPURTENANT RIGHTS AND RESERVATIONS. Subject to Landlord’s right to change or alter any of the following in Landlord’s discretion as herein provided (a) provided that no such changes or alterations shall materially adversely affect Tenant’s access to or use of the Premises for the normal conduct of business or reduce the parking privileges allotted to Tenant), Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others, public but not in a manner or extent that would materially interfere with the normal operation and use of the Building as a multi-tenant office building and subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which Tenant is given notice: (a) the common lobbies, hallwayscorridors, stairways, and elevators of the Building, and the pipes, ducts, shafts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others, (b) the loading platform of areas serving the Building and the common roadways, walkways and driveways and walkways necessary for access to the Building, and (c) if the portion of the Premises on any floor includes include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby of such floor; but such rights shall always be subject to floor and (d) the Rules and Regulations common areas of the Property as Landlord makes the same available from time to time established time; and no other appurtenant rights and easements. Notwithstanding anything to the contrary herein, Landlord has no obligation to allow any particular telecommunication service provider to have access to the Building or to the Premises. If Landlord permits such access, Landlord may condition such access upon the payment to Landlord by the service provider of fees assessed by Landlord pursuant to Section 14.7 and to in its reasonable discretion. Landlord reserves for its benefit the right of Landlord to designate and change from time to time areas time, without unreasonable interference with Tenant’s use: (a) to install, use, maintain, repair, replace and facilities so relocate for service to be used. the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or the Building, and (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and to alter or relocate any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereofcommon facility, provided that substitutions are substantially equivalent or better. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises, and in any case so as not to reduce the usable area of the Premises. Except in the case of emergencies or for normal cleaning and maintenance operations, Landlord agrees to give Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises. In connection with the foregoing, Landlord agrees to use commercially reasonable efforts to minimize interference with Tenant’s business operations in the Premises, consistent with the nature of the rights being exercised. Landlord reserves and accepts for its benefit all rights of ownership and use in all respects outside the Premises, including without limitation, the Building and all other structures and improvements on and common areas of the Property, except that at all times during the term of this Lease Tenant shall have a reasonable means of access from a public street to the right to use the vertical penetrations Premises. Without limitation of the Building for foregoing reservation of rights by Landlord, it is understood that in its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. sole discretion Landlord shall have the right to place in change and rearrange the Premises interior storm windowscommon areas, sun control devicesto change, utility linesrelocate and eliminate facilities therein, equipmentto erect new structures thereon, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as to reduce to a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor permit the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users lease all or part thereof (except for exhibitions and displays and to sell, lease or dedicate all or part thereof to public use; and further that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of make changes in, additions to and eliminations from the Building and other structures and improvements on the Property, the Premises excepted; provided however that Tenant, its employees, agents, clients, customers, and invitees shall at all times have reasonable access to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which and Premises. Landlord is not under any obligation to permit individuals without proper building identification to enter the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.after 6:00 p.m.

Appears in 1 contract

Samples: Lease Agreement (Cra International, Inc.)

APPURTENANT RIGHTS AND RESERVATIONS. (aA) Subject to Landlord’s right to change or alter any of the following in its commercially reasonable discretion as herein provided and subject to the terms and conditions of this Lease, Tenant shall have, as appurtenant to the Premises, the non-exclusive nonexclusive right to useuse and to permit Tenant’s invitees (as appropriate, and permit its invitees given the nature of their business at the Premises) to use in common with others, public but not in a manner or common lobbies, hallways, stairways, elevators extent that would materially interfere with the normal operation and the loading platform use of the Building Property and common roadwayssubject to commercially reasonable rules from time to time made by Landlord of which Tenant is given notice (the “Rules and Regulations”): (a) the walkways, roadways and driveways and walkways on the Property necessary for access to the Building and the parking facilities thereon and the landscaped areas of the Property (the “Common Areas”), provided, however, all vehicles accessing the Property for shipping or delivery purposes shall use only the roadway marked as “Hillside Drive” on Exhibit A-l attached hereto as the primary means of access to and egress from the Property, and (b) the Common Elements (as defined in and governed by the Declaration) as Overlandlord or another Complex Owner makes the same available from time to time to tenants of the Complex, provided, however, that Tenant’s right under this Lease to permit Tenant’s employees, agents, contractors and invitees to access and park in the parking areas and facilities of the Complex outside of the Property in connection with Tenant’s use and occupancy of the Building shall be limited to Tenant’s express parking rights set forth in Section 10.1 below; and no other appurtenant rights and easements. Tenant, in common with Landlord and others entitled thereto, shall have the benefit of the easements running in favor of the Property set forth in the Declaration subject to the terms and conditions of the Declaration and to reasonable rules and regulations of general applicability to tenants of the Complex from time to time made by Master Developer of which Tenant is given notice. Landlord may modify, amend, supplement or change the Rules and Regulation from time to time upon reasonable prior notice (except in the event of an emergency) to Tenant and provided that, except if required in connection with applicable Legal Requirements, in no event shall any new or amended Rules and Regulations be inconsistent with Tenant’s rights under this Lease and in the event of any conflict between the terms and conditions of this Lease and the Rules and Regulations, the provisions of this Lease shall control. (B) Tenant shall be permitted reasonable access to and use of the risers, conduits and shafts in the Building (to the extent available and not being used for operation of the Building) required for Tenant to run electrical and telecommunications conduits or cable for the Premises. Notwithstanding anything to the contrary herein, Landlord has no obligation to allow any particular telecommunication service provider to have access to the Building or to the Premises except as may be required by applicable law and except that Landlord will not unreasonably withhold, condition or delay its approval of any telecommunications provider designated by Tenant to service the Premises. As of the date of this Lease and subject to Landlord’s rights under this Lease, Landlord approves AT&T, Verizon, Comcast, Lync, and Shortel as telecommunications providers in the Building. Landlord may condition such access upon the service provider entering into Landlord’s standard form of license agreement for service providers providing telecommunications services in its buildings. Tenant shall be responsible to pay and all costs to provide telecommunications service to the Premises. (C) Landlord reserves for its benefit the right, as reasonably necessary for Landlord to perform Landlord’s obligations under this Lease and to preserve Landlord’s interest in and to the Building, from time to time, without unreasonable interference with Tenant’s use and upon reasonable prior notice to Tenant (except in the event of an emergency): (a) to install, use, maintain, repair, replace and relocate for services to the Premises and other parts of the Building, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or the Building, and if (b) to alter or relocate any such facilities, provided that substitutions are substantially equivalent or better. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the portion central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises, provided that, except to the extent required by Legal Requirements, (i) such items do not adversely affect the first class appearance or usefulness of the Premises, (ii) no such work shall result in material changes in entrance doors to the Premises without Tenant’s express consent, and (iii) no such work shall reduce the usable area of the Premises (other than to a de minimis extent) or increase Tenant’s obligations (other than to a de minimis extent) or Tenant’s liabilities under this Lease. Except in the case of emergencies or for normal cleaning and maintenance operations, Landlord agrees, with respect to any of the foregoing activities which require work in or access to the Premises, to use all reasonable efforts to give Tenant reasonable advance notice of such work and to perform the same at such times and in such manner, after consultation with Tenant, as to minimize interference with Tenant’s use of the Premises. (D) Subject to the provisions and limitations set forth in Section 2.1 of this Lease and Tenant’s express rights under this Lease, including, without limitation, Tenant’s rights under Section 10.1 of this Lease, Landlord reserves all rights of ownership and use in all respects of areas outside of the Premises on any floor includes less than the entire floor, the common toilets, corridors Property and elevator lobby of such floor; but such rights shall always be subject to the Rules and Regulations from time to time established by Landlord pursuant to Section 14.7 and to the right of Landlord to designate and change from time to time areas and facilities so to be used. (b) Excepted and excluded from the Premises are the ceiling, floor, perimeter walls and exterior windows (except the inner surface of each thereof), and any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to change and rearrange, increase or reduce the Property and other Common Areas, and to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use the vertical penetrations of the Building for its pipingor lease all or part thereof and to sell, conduits, sleeving lease or dedicate all or part thereof to public use; and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. further that Landlord shall have the right to place in make changes in, additions to and eliminations from the Premises interior storm windowsProperty so long as such changes, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises additions or are installed in such manner so as to reduce to limitations do not have a minimum interference with Tenant's use of the Premises. In the event that Tenant shall install any hung ceilings or walls in the Premises, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the wallsAdverse Impact. (c) Tenant shall also have the right (subject to the Rules and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants of the Complex, parking spaces in the parking areas located on the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereof, provided that Tenant shall provide Landlord with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.

Appears in 1 contract

Samples: Lease Agreement (Markforged Holding Corp)

APPURTENANT RIGHTS AND RESERVATIONS. (a) Tenant shall have, as appurtenant to to, the Premises, the non-exclusive right to use, and permit its invitees rights to use in common with othersothers entitled thereto the common facilities included in the Building or the land on which the Building is located (the "Lot"), public or common including walkways, driveways, lobbies, hallways, stairways, elevators and the loading platform of the Building and common roadways, driveways and walkways necessary for access to the Buildingramps, and if the portion of the Premises on any floor includes less than the entire floor, the common toilets, corridors and elevator lobby of such floor; but such stairways. Such rights shall always be subject to the Rules reasonable rules and Regulations regulations from time to time established by Landlord pursuant by reasonable advance notice to Section 14.7 Tenant, and to the right of Landlord to designate and to change from time to time the areas and arid facilities so to be used. , provided that such rules, regulations or designation changes (bi) Excepted do not unreasonably interfere with the use of, and excluded from access to, the Premises for the Permitted Use or the use of the Common Facilities for their intended purposes, (ii) reduce below 750 the number of parking spaces on the Lot available for common use by tenants of the Building, or (iii) otherwise reduce ,or materially impair the quality or capacity of the Common Facilities.. Not included in the Premises are the roof or ceiling, floor, the floor and all perimeter walls and exterior windows (of the space identified in Exhibit A, except the inner surface of each thereof)surfaces thereof and the perimeter doors and windows. The Landlord reserves the right to install, use, maintain, repair and any space replace in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, (but the entry doors (and related glass and finish work) to the Premises are a part thereof, provided that Tenant shall have the right to use the vertical penetrations of the Building for its piping, conduits, sleeving and cabling with the Landlord's prior written consent, such consent not to be unreasonably withheld if such use by Tenant will not adversely affect (i) the Landlord's utilization of such penetrations for the delivery of services required to be provided by Landlord to any tenants of the Building or (ii) the structural integrity of the Building. Landlord shall have the right to place in the Premises interior storm windows, sun control devices, utility lines, equipment, stacks, pipes, conduits, ducts and the like, provided the same are concealed behind any then existing walls and/or ceilings of the Premises or are installed in such manner so as not unreasonably to reduce to a minimum interference interfere with Tenant's use of the Premises. In ) utility lines, shafts, pipes, and the event that Tenant shall install any hung ceilings or walls in like, in, over and upon the Premises, provided that the same are located above the dropped ceiling (or, if there is no dropped ceiling, then within three (3) feet of the roof deck), below the floor surfaces or tight against demising walls or columns. Landlord agrees to repair promptly any damage to the Premises caused by the installation of any such items. Such utility lines, shafts, pipes and the like shall not be deemed part of the Premises under this Lease. The Landlord also reserves the right to alter or relocate any common facility, provided that substitutions are at least equivalent in quality and functional utility to the common facilities as of the date of this Lease, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford have access to any facilities above the ceiling or within or behind the walls. (c) Tenant shall also have the right (subject to the Rules Premises at all times and Regulations established pursuant to Section 14.7) to use without charge therefor during the initial Lease Term (i) on an exclusive, reserved basis, seventeen (17) parking spaces in the basement level of the Building, provided, however, that Landlord shall not be obligated to monitor the use of such parking spaces or enforce Tenant's exclusive use against unauthorized users thereof (except that if Landlord is so requested by Tenant, Landlord shall cooperate in all reasonable respects and at Tenant's expense otherwise materially interfere with Tenant's efforts to enforce Tenant's exclusive use of such parking spaces against unauthorized users thereof), and (ii) on a non-exclusive, unreserved basis and in common with use by other tenants enjoyment of the Complex, parking spaces in Premises and the parking areas located on Common Facilities and to change the lots on which the Building is situated in an amount, which when aggregated with the parking spaces reserved in (i) above, shall equal no more than 3.3 parking spaces per 1,000 square feet of Premises Rentable Area. Landlord covenants that the other tenants lines of the Building shall not be permitted to use, on an aggregate basis, more than 3.3 parking spaces per 1,000 square feet of Building Rentable Area on the parking areas located on the lots on which the Building is situated. Landlord shall install and maintain, at Tenant's expense, Building Standard signage identifying Tenant's reserved parking spaces in the basement level of the Building. Landlord acknowledges that Tenant shall have the right to monitor the use of Tenant's reserved parking spaces in the basement level of the Building and to enforce reasonably Tenant's exclusive use against unauthorized users thereofLot, provided that Tenant shall provide Landlord such change does not increase Tenant's obligations on account of Taxes or Operating Costs or impair Tenant's rights with prompt, reasonably detailed written notice of any enforcement measures Tenant has employed or will employ against unauthorized users. The parking privileges granted herein are non-transferable except respect to an assignee or subtenant permitted pursuant to Article 6. Further, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the Building or on the lots on which the Building is located or to any personal property therein, and Tenant covenants and agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be createdCommon Facilities.

Appears in 1 contract

Samples: Lease (Datawatch Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!