Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice: (i) the entry, vestibules and main lobby of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways necessary or reasonably convenient for access to the Building, (iii) access to loading area and freight elevator subject to Rules and Regulations then in effect, and (iv) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby of such floor. Tenant shall have 24 hour, seven day per week access to the Premises, freight loading docks and freight elevators, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair of such equipment installed by Tenant.
Appears in 2 contracts
Samples: Lease (Voyager Therapeutics, Inc.), Lease (Voyager Therapeutics, Inc.)
Appurtenant Rights. The Subject to the matters set forth in the following paragraph, Tenant shall have, as appurtenant to the Premises, the nonexclusive non-exclusive right to use, and permit its invitees to use in common with Landlord and others, subject to reasonable rules of general applicability to occupants the following areas of the Property (collectively, the “Common Areas”) (i) public or common lobbies, hallways, stairways, elevators (including but not limited to freight elevators) and common walkways necessary for access to the Building and the Premises, and if the portion of the Premises on any floor includes less than the entire floor, any common toilets, any corridors required for access to the Premises and any elevator lobby of such floor; 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 (including but not limited to dumpsters maintained on the premises by Landlord), if any, and other areas or facilities, if any, which are located in or on the Property and designated by Landlord from time to time made for the non-exclusive use of tenants and other occupants of the Building. Landlord has designated certain areas located on the penthouse, ground level and garage level of the Building for Storage Space and Shared Space, as shown on the plan attached hereto as Exhibit A, for use by the Landlord tenants of the Building. Tenant shall be allocated Tenant’s Share of the Storage Space and Shared Space, the location and use of which shall be reasonably determined by Landlord and Tenant subject to applicable Legal Requirements, circulation requirements and Landlord’s reasonable requirements and conditions (including, without limitation, consideration for the utility of the unused portions of the Storage Space and Shared Space by other tenants of the Building). The Storage Space and Shared Space shall be leased to Tenant is given noticeon all of the terms and conditions of this Lease which are applicable to the Premises except as follows: (i) the entry, vestibules and main lobby rent for Tenant’s Share of the Building, first floor mailroom, Storage Space shall be the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, then applicable market rate (currently $18.00 per RSF); (ii) common walkways and driveways necessary Landlord shall not have any obligation to make any improvements or reasonably convenient for access alterations to the Building, Storage Space and Shared Space to prepare such space for Tenant’s use; (iii) access to loading area Tenant shall use Tenant’s Share of the Storage Space and freight elevator subject to Rules Shared Space solely for the storage or use of Tenant’s property or equipment and Regulations then for no other purpose and in effect, and accordance with all applicable Legal Requirements; (iv) if Tenant, at its sole expense, shall keep Tenant’s Share of the Premises at Storage Space and Shared Space clean and in good condition; and (vi) Landlord shall not be required to provide any time include less than services for the Storage Space and Shared Space. Notwithstanding the foregoing, as of the Effective Date, Tenant shall be deemed to have elected to lease the entire rentable floor area amount of Storage Space allocated to Tenant at the rate of $18.00 per RSF (gross) for the Term. If Tenant subsequently elects to surrender any floor, the common toilets, corridors, vestibules, and elevator lobby or all of such floorStorage Space to Landlord, Landlord may offer the surrendered Storage Space to other tenants in the Building and Tenant’s right to lease such surrendered Storage Space thereafter will be subject to availability at such future time and Tenant’s payment at the then applicable market rental rate. Tenant shall have 24 hour, seven day per week access Notwithstanding any provision herein to the Premisescontrary, freight loading docks and freight elevators, Tenant’s rights under this Lease shall always be subject to the provisions (a) reservations, restrictions, easements and encumbrances of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall haverecord, as appurtenant amended from time to the Premises time, (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to b) such reasonable rules of general applicability to occupants of the Building and regulations from time to time made established by the Landlord of which the Tenant is given notice and any applicable laws, but only with respect to the extent that Property pursuant to Section 30.18 (the Tenant has assumed responsibility for maintenance “Rules and repair of such equipment installed by TenantRegulations”), and (c) Landlord’s reservations set forth in Section 2.3 below or elsewhere in this Lease.
Appears in 2 contracts
Samples: Lease (Bluebird Bio, Inc.), Lease Agreement (Bluebird Bio, Inc.)
Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice: Rules and Regulations (as defined in Section 6.3): (i) the entry, vestibules and vestibules, main lobby and common locker room/shower room on the first level of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to to, and use of in common with other tenants of, loading area and receiving areas and freight elevator elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect, effect and (iv) if the Premises at any time include includes less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, elevator lobby, lavatories, and freight elevator lobby vestibule located on such floor (collectively, the “Common Areas”). Without limiting the foregoing, Tenant shall have as appurtenant to the Premises, (A) the right to use a portion of the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such floorsystems, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24 24-hour, seven day (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant .
(b) Subject to Section 4.1 with access cards for after-hours access. Additionallyrespect to installation requirements, the Tenant shall havehave the right, as appurtenant at no additional rental cost, to install heating, ventilation and air conditioning equipment, generators, antennas, satellite dishes and other equipment on the Premises (and exclusively for use in connection with the occupancy roof of the Premises), the nonexclusive right Building in areas that in aggregate do not exceed Tenant’s proportionate share of access to and proportionate use roof area of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes whichBuilding, in each casecase in locations designated by Landlord. Any such equipment installed by Tenant shall be for Tenant’s own use and shall be subject to (i) Landlord’s approval regarding location and installation specification, have been pre-approved by and such requirements intended to any specifications arising from the roof warranty, including the requirement to use such contractor(s) as Landlord pursuant may specify for such work, such approval not to be unreasonably withheld, conditioned or delayed, and (ii) applicable City of Cambridge and other legal requirements. Tenant shall be responsible for all costs relating to the terms of Article IVinstallation, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair removal of such equipment installed by TenantTenant on the Building roof.
Appears in 2 contracts
Samples: Lease Agreement (Fulcrum Therapeutics, Inc.), Lease Agreement (Fulcrum Therapeutics, Inc.)
Appurtenant Rights. The Subject to the matters set forth in the following paragraph, Tenant shall have, as appurtenant to the Premises, the nonexclusive non-exclusive right to use, and permit its invitees to use in common with Landlord and others, subject the following areas of the Property (collectively, the “Common Areas”) (i) public or common lobbies, hallways, stairways, and common walkways necessary for access to reasonable rules the Building and the Premises, and if the portion the Premises on any floor includes less than the entire floor, any common toilets, any corridors required, for access to the Premises and any elevator lobby of general applicability such floor; and (ii) the access 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, if any, and other areas or facilities, if any, which are located in or on the Property and designated by Landlord time to time for the non-exclusive use of tenants and other occupants of the Building. If Landlord intends to perform work in the area above the ceiling to the Premises or on the floor slab above the Premises in connection with the build out of any other space in the Building from time or otherwise as permitted herein and such work is likely to time made interfere unreasonably with Tenant’s use of the Premises due to the intrusion, noise or vibration of the work, Landlord shall provide Tenant at least fifteen (15) day’s prior notice of such access, except in the event of an emergency, and will use reasonable efforts to coordinate such work to minimize any disruption to Tenant and where feasible will cause the work to be performed outside of normal business hours. Landlord has designated certain areas located on the ground level and garage level of the Building for Storage Space and Shared Space, as shown on the plan attached hereto as Exhibit for use by the Landlord tenants of the Building. Tenant shall be allocated Tenant’s Share of the Storage Space and Shared Space, the location and use of which shall be reasonably determined by Landlord and Tenant subject to applicable Legal Requirements, circulation requirements and Landlord’s reasonable requirements and conditions (including, without limitation, consideration for the utility of the unused portions of the Storage Space and Shared Space by other tenants of Building). Without limiting Tenant’s right to use the Shared Space in accordance with the terms this Section, Landlord authorizes Tenant’s use of Tenant’s Share of the Shared Space for the installation and use of an acid neutralization tank and/or similar storage tanks with appropriate partitioning at Tenant’s cost subject to applicable Legal Requirements and Landlord’s reasonable requirements and conditions. The Storage Space and Shared Space shall be leased to Tenant is given noticeon of the terms and conditions of this Lease which are applicable to the Premises except as follows: (i) the entryrent for Tenant’s Share of the Storage Space shall be the then applicable market rate (currently $18.00 per RSF); (ii) Landlord shall not have any obligation to make any or alterations to the Storage Space and Shared Space to prepare such space for Tenant’s use; (iii) Tenant shall use Tenant’s Share of the Storage Space and Shared Space solely for the storage or use of Tenant’s property or equipment and for no other purpose and in accordance with all applicable Legal Requirements; (iv) Tenant, vestibules at its sole expense, shall keep Tenant’s Share of the Storage Space and Shared Space clean and in good condition; and (vi) Landlord shall not be required to provide any services for the Storage Space and Shared Space. Tenant shall have the right to use the main lobby of the Building, first floor mailroom, Building for events upon reasonable prior written notice to Landlord subject to: (i) the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, Legal Requirements; (ii) common walkways the Rules and driveways necessary or reasonably convenient for access to the Building, Regulations; (iii) access any reasonable conditions that Landlord may impose with respect to loading area and freight elevator subject to Rules and Regulations then in effect, and the requested use of the main lobby; (iv) if the Premises at any time include less than the entire rentable floor area rights of any floor, other tenants or occupants in the common toilets, corridors, vestibules, Building; and elevator lobby (v) the condition that such use does not adversely affect the use and enjoyment of such floorany other tenant or occupant in the Building. Tenant shall have 24 hour, seven day per week access Notwithstanding any provision herein to the Premisescontrary, freight loading docks and freight elevators, Tenant’s rights under this Lease shall always be subject to (a) reservations, restrictions, easements and encumbrances and other matters of record as of the provisions date of this Lease as shown on Exhibit C and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant such future matters which do not unreasonably interfere with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to use or occupancy of the Premises (and exclusively for use the Permitted Uses or materially increase Tenant’s costs under this Lease or in connection with the use and occupancy of the PremisesPremises (“Permitted Encumbrances”), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to (b) such reasonable rules of general applicability to occupants of the Building and regulations from time to time made established by the Landlord of which the Tenant is given notice and any applicable laws, but only with respect to the extent that Property pursuant to Section 30.18 (the Tenant has assumed responsibility for maintenance “Rules and repair of such equipment installed by TenantRegulations”), and (c) Landlord’s reservations set forth in Section 2.3 below or elsewhere in this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Foundation Medicine, Inc.), Lease Agreement (Foundation Medicine, Inc.)
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right rights to use use, and permit its invitees to use, in common with othersLandlord and other tenants and occupants of the Property, subject to reasonable rules of general applicability to occupants of the Building and regulations from time to time made by the Landlord of which the Tenant is given notice: (ia) the entrycommon lobbies, vestibules toilets and main lobby corridors of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises as more particularly described in common with othersthe Work Letter attached as Exhibit B hereto, (iib) common walkways and driveways necessary or reasonably convenient for access to the Building, (iiic) access the onsite café, Building showers and lockers, Building common mother’s room, secured, covered bicycle storage, rooftop paddle tennis club and shuffleboard courts as in existence as of the date hereof, all of which are hereinafter known as the “Common Areas”, Tenant shall have the right to loading area and freight elevator subject lease from Landlord up to Rules and Regulations then thirty-eight (38) parking spaces plus, on a monthly tenant-at-will basis, an additional ½ parking space per 1,000 rentable square feet in effect, and (iv) if the Premises (the “Additional Parking”), for Tenant’s exclusive use that are located at any the onsite parking facility (the ‘‘Tenant Parking”) at the monthly rent of $190.00/month per parking space, for the spaces in use, as such rate may be changed from time include less than to time to reflect market parking fees (the entire rentable floor area “Parking Fee”). Tenant shall notify Landlord annually, within thirty (30) days prior to the commencement of any flooreach Lease Year, as to how many spaces of Tenant Parking Tenant has elected to use for such year. Tenant shall notify Landlord on or before the common toilets10th day of each month how many Additional Parking spaces Tenant will lease for the following month. The Additional Parking shall be available to Tenant on first come, corridors, vestibules, first served basis until the Building is fully leased. Tenant shall pay the Parking Fee to Landlord on the first day of each month in advance and elevator lobby of such floorParking Fee shall be deemed Additional Rent hereunder. Landlord reserves the right to relocate the Tenant Parking to a potential future adjacent parking structure owned by Landlord. Tenant shall have access to a shared loading dock in the Building. Tenant shall have exclusive use of a freight elevator. Tenant shall have access to and use of the Premises, the Common Areas and loading dock 24 hourhours per day, seven day 7 days per week week, 365 days per year. To assist Landlord in preserving the common parking area, Landlord reserves the right to require Tenant to cause its employees to affix to their vehicles an identification sticker as furnished by Landlord as evidence that they are entitled to use said parking area. Further, Tenant shall furnish to Landlord, upon Landlord’s request at reasonable intervals, the license plate numbers of vehicles of employees of Tenant who are principally employed at the Premises. Landlord reserves the right from time to time, upon not less than two (2) days prior notice, which may be oral, (except for emergency situations, where no prior notice shall be required, provided Landlord shall notify Tenant after such entry has occurred), without unreasonable interference with Tenant’s use of or access to the Premises: (a) to install above a dropped ceiling (when applicable), freight loading docks use, maintain, repair, replace and freight elevators, subject to the provisions of this Lease and interruption relocate for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant service to the Premises and/or other parts of the Building pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to alter or relocate any other Common Areas, (c) to make any repairs and exclusively for use replacements to the Premises which Landlord may deem necessary, and (d) in connection with the occupancy any excavation made upon adjacent land of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject howeverlandlord or others, to reasonable rules of general applicability enter, and to occupants 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 time injury or damage and to time made support the same. Tenant shall install and maintain, as Landlord may reasonably require, proper access panels 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. As part of Landlord’s Work. Landlord shall install the base building PH neutralization system on the ground floor adjacent to the boiler room, which shall be adequate for Tenant’s needs. With respect to Tenant’s use of the base building PH neutralization system, on or before the Commencement Date, Landlord shall obtain any discharge permits required by the Landlord of which the Tenant is given notice and any applicable lawsMassachusetts Water Resources Authority (“MWRA Permits”) and, but only to the extent that required for Tenant’s use, Tenant shall obtain a wastewater treatment operator license from the Commonwealth of Massachusetts. Landlord and Tenant has assumed responsibility shall reasonably cooperate with each other to obtain such MWRA Permits and operator license. Tenant shall have the right to tie into the base building pH neutralization system, and the actual monitoring, repair and maintenance costs of the base building pH neutralization system shall be passed through to Tenant on a pro-rata basis. Landlord shall allocate fire control areas (as defined in the Uniform Building Code as adopted by the city or municipality(ies) in which the Building is located (the “UBC”)) within the Building for maintenance and repair the storage of such equipment installed by TenantHazardous Materials. Tenant shall be allocated one (1) control area, which shall consist of the Premises in its entirety.
Appears in 2 contracts
Samples: Lease Agreement (Akouos, Inc.), Lease Agreement (Akouos, Inc.)
Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice: Rules and Regulations, (i) the entry, vestibules and main lobby of the Building, first floor mailroommail room, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the land that are necessary or reasonably convenient for access to the Building, and all other areas in and amenities of University Park as are made available generally to the occupants of University Park or the general public, (iii) access to to, and use of in common with other tenants, loading area and freight elevator elevator, janitor’s closet, and electrical and telephone closets, portions of the rooftop Penthouse reserved for Tenant use, provided Tenant has equipment located therein, subject to Rules and Regulations Regulations, as hereinafter defined in Exhibit E, then in effect, effect and (iv) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, bridges and elevator lobby of such floor. Tenant shall have 24 hour, seven day per week access appurtenant right to the PremisesPremises the right to use portions of the roof of the Building, freight loading docks outside of the Base Building Penthouse on the roof, as shall be reasonably designed by Landlord for location of Tenant equipment. All Tenant’s installations of equipment on the roof and freight elevators, any required interior and/or exterior ducts shall be subject to Landlord’s reasonable approval, and in no event shall such installation exceed the provisions of this Lease live load, or the Base Building System capacity as allocated to Tenant or University Park design guidelines all as approved by Landlord and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionallypermitted under the appropriate building code such approval not to be unreasonably withheld or delayed (collectively, the “Common Areas”).
(b) The Tenant shall have, as appurtenant to the Premises Premises, the right to enjoy such easements of ingress and egress over other land within University Park as may benefit the Property as more particularly contemplated under the Declaration of Covenants.
(and exclusively for use in connection with the occupancy of c) The Tenant shall have, as appurtenant to the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, parking rights set forth in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair of such equipment installed by TenantSection 2.4.
Appears in 2 contracts
Samples: Sublease Agreement (Aveo Pharmaceuticals Inc), Sublease Agreement (Immunogen Inc)
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right rights to use in common with others, (subject to reasonable rules of general applicability to occupants tenants and other users of the Building from time to time made by the Landlord of which the Tenant is given written notice: ): (ia) the entrycommon lobbies, vestibules and main lobby of the Buildingcorridors, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric elevators and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipmentplatform, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures meters and equipment serving the Premises in common with others, ; (iib) common driveways and walkways and driveways necessary or reasonably convenient for access to the Building, ; (iii) access to loading area and freight elevator subject to Rules and Regulations then in effect, and (ivc) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, corridors and elevator lobby of on such floor. Tenant shall have 24 hour, seven day per week access to floor and serving the Premises, freight loading docks and freight elevators, subject to ; (d) the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy roof of the Premises), Building for telecommunications antennae in accordance with Article XI; and (e) the nonexclusive right of access to parking areas and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to reasonable rules of general applicability to occupants of facilities serving the Building from time to time intended for general use by Tenant, other Building tenants, and visitors, subject to reasonable rules from time to time made by the Landlord of which the Tenant is given notice which shall at all times permit unreserved parking for Tenant (at no additional cost to Tenant) at a ratio of 3.36 spaces per 1,000 square feet of Rentable Floor Area in the Premises. Nothing contained in the Lease shall prohibit or otherwise restrict Landlord from changing, from time to time, without notice to Tenant, the location, layout or type of the forgoing common areas and any applicable lawsfacilities, but only to provided that Landlord shall not substantially reduce the extent that number of parking spaces available for use of tenants of the Tenant has assumed responsibility for maintenance and repair of such equipment installed by TenantBuilding.
Appears in 2 contracts
Samples: Consent to Sublease (Biofrontera AG), Consent to Sublease (Biofrontera AG)
Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice: Rules and Regulations (as defined in Section 6.3): (i) the entry, vestibules and main lobby of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to to, and use of in common with other tenants of, loading area and receiving areas and freight elevator elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect, and (iv) if the Premises at any time include includes less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, elevator lobby, lavatories, and freight elevator lobby of vestibule located on such floorfloor (collectively, the “Common Areas”). Tenant shall have 24 hour, seven day per week access to the Premises, freight loading docks and freight elevators, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. After-hours Building access shall be provided via a CCure card reader access system. Landlord shall provide Tenant with access cards all equipment necessary for such after-hours access. Additionally, the .
(b) The Tenant shall have, as appurtenant to the Premises (Premises, and exclusively for use in connection with the occupancy so long as Tenant shall be a tenant of the Premises00 Xxxxxx Xxxxxx Building, the exclusive right and license to use, upon and subject to all the terms, covenants, and conditions hereof, the Pedestrian Bridge, provided that Landlord shall be responsible for the repair and maintenance thereof in a good condition, at Tenant’s sole cost and expense (except that Tenant shall not be responsible for any costs associated with structural repairs and maintenance of the structural portions of the Pedestrian Bridge, which shall be at Landlord’s sole cost and expense), and Tenant shall be responsible for payment of all utility services used therein pursuant to Section 3.4, and one hundred percent (100%) of Operating Expenses allocable thereto.
(c) The Tenant shall have, as appurtenant to the nonexclusive right of access Premises, the parking rights set forth in Section 2.4.
(d) Subject to Section 4.1 with respect to installation requirements, Tenant shall have the right, at no additional rental cost, to install heating, ventilation and proportionate use air conditioning equipment, generators, antennas, satellite dishes and other equipment on the roof of the Building in areas that in aggregate do not exceed Tenant’s proportionate share of roof for area of the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes whichBuilding, in each casecase in locations designated by Landlord. Any such equipment installed by Tenant shall be for Tenant’s own use and shall be subject to (i) Landlord’s approval regarding location and installation specification, have been pre-approved by and such requirements intended to any specifications arising from the roof warranty, including the requirement to use such contractor(s) as Landlord pursuant may specify for such work, such approval not to be unreasonably withheld, conditioned or delayed, and (ii) applicable City of Cambridge and other legal requirements. Tenant shall be responsible for all costs relating to the terms of Article IVinstallation, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair removal of such equipment installed by TenantTenant on the Building roof.
Appears in 1 contract
Samples: Lease (Agios Pharmaceuticals Inc)
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice: (i) the entry, vestibules and main lobby of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways necessary or reasonably convenient for access to the Building, (iii) access to loading area and freight elevator subject to Rules and Regulations then in effect, and (iv) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby of such floor. Tenant shall have 24 hour, seven day per week access to the Premises, freight loading docks and freight elevators, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IVLandlord, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable lawsnotice, but only to the extent that the Tenant has assumed responsibility for maintenance and repair thereof. Tenant shall be allocated its proportionate share of such available roof and penthouse area for its equipment. Tenant shall be responsible for all costs relating to the installation, maintenance, and removal of said rooftop and penthouse equipment installed by Tenantat the expiration or earlier termination of the Term.
Appears in 1 contract
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right rights to use in common with others, (subject to reasonable rules of general applicability to occupants tenants and other users of the Building from time to time made by the Landlord of which the Tenant is given written notice: ): (ia) the entrycommon lobbies, vestibules and main lobby of the Buildingcorridors, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric elevators and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipmentplatform, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures meters and equipment serving the Premises in common with others, ; (iib) common driveways and walkways and driveways necessary or reasonably convenient for access to the Building, ; (iii) access to loading area and freight elevator subject to Rules and Regulations then in effect, and (ivc) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, corridors and elevator lobby on such floor and serving the Premises; (d) the roof of such floor. the Building for telecommunications antennae and Tenant's Supplemental AC System (hereinafter defined); and (e) the parking areas, which shall at all times permit unreserved parking for Tenant shall have 24 hour, seven day at a ratio of 3.6 spaces per week access to 1,000 square feet of Rentable Floor Area of the Premises, freight loading docks and freight elevators, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to reasonable rules of general applicability to occupants of facilities serving the Building from time to time intended for general use by Tenant, other Building tenants, and visitors, subject to reasonable non-discriminatory rules from time to time made by the Landlord of which the Tenant is given notice. Tenant shall have the right, in common with all other tenants of the Building, to use the parking areas serving the Building without charge, on a first come, first served basis. Nothing contained in the Lease shall prohibit or otherwise restrict Landlord from changing, from time to time, without notice to Tenant, the location, layout or type of the forgoing common areas and any applicable lawsfacilities, but only to provided that Landlord shall not substantially reduce the extent that number of parking spaces available for use of tenants of the Tenant has assumed responsibility for maintenance and repair of such equipment installed by TenantBuilding.
Appears in 1 contract
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice: Rules and Regulations (as defined in Section 6.3): (i) the entry, vestibules and main lobby of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to to, and use of in common with other tenants of, loading area and receiving areas and freight elevator elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect, and (iv) if the Premises at any time include includes less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby of such floor. Tenant shall have 24 hourlobby, seven day per week access to the Premiseslavatories, freight loading docks and freight elevators, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionallyelevator vestibule located on such floor (collectively, the "Common Areas"). The Tenant shall have, as appurtenant to the Premises (and exclusively for use Premises, the parking rights set forth in connection with the occupancy of Section 2.4. The Tenant shall have, as appurtenant to the Premises), the nonexclusive right to use for up to 20 hours per month, subject to reasonable rules and regulations promulgated by Landlord from time to time, the conference rooms in Landlord’s development offices and the kitchenette adjacent thereto (but only in connection with Tenant’s use of the conference rooms) that are made available to certain other tenants in the Building on a ““first come, first served”“ basis, provided that Tenant shall be responsible for the payment, as Additional Rent, of any incidental third party costs incurred by Landlord in connection with Tenant’s use of such spaces (excluding any costs of janitorial services, electricity or other services that are provided by Landlord to the conference rooms regardless of whether or not they are utilized). The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use the facilities (the "Facilities") located on the medical campus of The Xxxxx Xxxxxxx University (the ““University”“) as set forth in the letter dated January 23, 2009 from Xxx X. Xxxx, M.D., Ph.D., Vice Xxxx of Research for the University (the ““Xxxx Letter”“), such Facilities shall include but not be limited to: (i) microarray core; (ii) molecular imaging core; (iii) microscopy; (iv) mass spectrometry and proteomics; (v) high throughput biology center, including chemical library cleaning and peptide/protein sequencing; (vi) flow cytometry core; (vii) specialized tools for large-scale analysis; (viii) minimally invasive surgical training center; (ix) biomedical imaging; and (x) Vivarium and Medical Library access including access to a Vivarium by an indoor route. A copy of the Xxxx Letter is attached hereto as Exhibit G. The Tenant and the University will individually negotiate any service agreements. Landlord shall have no obligation to Tenant with respect to the use of the Facilities. If Tenant is denied access to the Facilities for a period exceeding thirty (30) consecutive days, and such denial of access to the Facilities is within the University’s reasonable control and proportionate use not due to causes beyond the University’s control such as force majeure or national or state emergencies, Tenant shall have the right to terminate the Lease within thirty (30) days after providing Landlord a written termination notice, and Tenant shall surrender the Premises on the termination date provided in the notice as required under Section 12.9 of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to reasonable rules of general applicability to occupants Lease. As of the Building termination date, Landlord and Tenant shall be relieved from time all obligations under the Lease, except Landlord’s obligation to time made by return any unused portion of the Landlord of which the Tenant is given notice Security Deposit and any applicable laws, but only to other obligations that expressly survive the extent that the Tenant has assumed responsibility for maintenance and repair early termination of such equipment installed by Tenantthis Lease.
Appears in 1 contract
Appurtenant Rights. The Effective as of the Expansion Premises Commencement Date, the first paragraph of Section 2.2 (Appurtenant Rights) of the Lease is hereby deleted in its entirety and replaced with the following: “Tenant shall have, as appurtenant to the Premises, the nonexclusive right rights to use use, and permit its invitees to use, in common with othersLandlord and other tenants and occupants of the Property, subject to reasonable rules of general applicability to occupants of the Building and regulations from time to time made by the Landlord of which the Tenant is given notice: (ia) the entrycommon lobbies, vestibules toilets and main lobby corridors of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises as more particularly described in common with othersthe Work Letter attached as Exhibit B hereto and Exhibit B to the First Amendment, (iib) common walkways and driveways necessary or reasonably convenient for access to the Building, and (iiic) access to loading area the extent the Landlord, in its discretion, provides the following for the non-exclusive use of the tenants and freight elevator subject occupants of the Property from time to Rules time, the onsite cafe, Building showers and Regulations then lockers, Building common mother's room, secured, covered bicycle storage, rooftop shuffleboard courts as in effectexistence as of the date hereof, all of which, to the extent the same are provided for the non-exclusive use of the tenants and occupants of the Property from time to time, are hereinafter known as the “Common Areas. During the Term, Tenant shall lease from Landlord, and Landlord shall lease to Tenant, or cause the operator (ivthe “Operator”) if of the Premises at any time include less than parking lots serving the entire rentable floor area Building (the “Parking Facilities”) to lease to Tenant, sixty-four (64) unreserved parking spaces in the locations designated by Landlord within the Parking Facilities (the “Spaces”) for the use of any floorTenant and its employees, the common toilets, corridors, vestibules, agents and elevator lobby of such floorinvitees. Tenant shall not have 24 hourthe right to lease or otherwise use more than the number of unreserved Spaces set forth above. The Spaces shall be leased at the then-current rate for unreserved spaces in the Parking Facilities, seven day as such rate may be adjusted from time to time, reflecting the then-current rate charged to monthly parkers parking in the Parking Facilities (the “Parking Fee”), which shall be no more than the prevailing parking rate for comparable parking facilities in Boston’s Seaport District. As of the Effective Date, the current Parking Fee is $200.00 per week access unreserved Space, per month. Prior to any increase to the PremisesParking Fee, freight loading docks and freight elevators, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards at least thirty (30) days prior written notice of such increase. No deductions or allowances shall be made for afterdays when Tenant or any of its employees, agents or invitees do not utilize the Parking Facilities or for Tenant utilizing less than all of the Spaces then leased by Tenant. In addition to the lease of the Spaces, Tenant shall also have the right to lease additional unreserved parking spaces in the Parking Facilities on a month-hours accessto-month basis (“Month-to-Month Spaces”) for the use of Tenant and its employees, agents and invitees, subject to such Month-to-Month Spaces being available for lease as determined by Landlord in Landlord’s sole discretion. AdditionallyEach Month-to-Month Space shall be leased at the Parking Fee, per month. If requested by Landlord, Tenant shall execute and deliver to Landlord a commercially reasonable parking agreement for any such Month-to-Month Spaces. As used herein, the “Tenant Parking” shall collectively refer to (i) the Spaces and (ii) any Month-to-Month Space(s) during any time that Tenant is leasing any Month-to-Month Space(s). Landlord reserves the right upon thirty (30) days prior written notice to Tenant to relocate any of the Month-to-Month Space(s) to other parking areas or facilities in the Industrial Park within reasonable proximity of the Building. Tenant shall have, as appurtenant have exclusive use of the loading dock shown on page 2 of Exhibit A-1 to the First Amendment (the “Tenant’s Exclusive Loading Dock”). Tenant’s Exclusive Loading Dock shall be deemed a part of the Premises for all purposes herein. Landlord shall be responsible for performing all maintenance, repair and replacements for Tenant’s Exclusive Loading Dock and Tenant’s Exclusive Freight Elevator (as defined below). All costs of such maintenance and exclusively repair to Tenant’s Exclusive Loading Dock and Tenant’s Exclusive Freight Elevator that are not capital in nature shall be included within Building Operating Expenses subject to Section 5.2.4 of the Lease, provided that Tenant’s Percentage of such costs shall be 100%. Capital repairs and replacements to the Tenant’s Exclusive Loading Dock and Tenant’s Exclusive Freight Elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant, except for capital repairs or replacements required by any applicable laws not in existence as of the Expansion Premises Commencement Date (as defined in the First Amendment), which shall be included in the Building Operating Expenses pursuant to Section 5.2.4, provided that Tenant shall be 100% responsible for each annual portion as so amortized). Landlord currently does not charge a fee for use of Tenant’s Exclusive Loading Dock or Tenant’s Exclusive Freight Elevator; however, if Landlord determines that Tenant is using such facilities in connection a manner that poses a security concern for the Building and/or the tenants and occupants thereof or in a manner that is not in compliance with Landlord’s reasonable rules, regulations and protocols, then Landlord reserves the occupancy right to employ security detail for any such use by Tenant, and in such event Landlord shall give Tenant written notice thereof and Tenant shall pay the actual reasonable cost charged by such security vendor within thirty (30) days of an invoice from time to time. Tenant shall have exclusive use of the freight elevator shown on page 2 of Exhibit A-1 to the First Amendment (the “Tenant’s Exclusive Freight Elevator”), 24 hours per day, 7 days per week, 365 days per year. Tenant shall have access to and use of the Premises), the nonexclusive right of access Common Areas, and Tenant’s Exclusive Loading Dock 24 hours per day, 7 days per week, 365 days per year. The normal business hours for the Building are 8:00am to and proportionate use 6:00pm Monday through Friday, except for holidays. Landlord represents that, as of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to reasonable rules of general applicability to occupants Effective Date of the Building from time to time made by First Amendment, Verizon telecommunications and cabling services are available at the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair of such equipment installed by TenantBuilding.”
Appears in 1 contract
Samples: Lease (Akouos, Inc.)
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right rights to use in common with others, (subject to reasonable rules of general applicability to occupants tenants and other users of the Building, if any, from time to time made by Landlord of which Tenant is given written notice): (a) the loading platform serving the Building (and Tenant’s rights thereto shall be exclusive [subject to use by Landlord in connection with Landlord’s obligations under this Lease] so long as Tenant leases one hundred percent [100%] of the Rentable Area of Building); (b) common driveways and walkways necessary for access to the Building; (c) the roof of the Building for telecommunications antennae; (d) the parking areas (as the same are shown on the attached Exhibit A-2; and such areas shall maintain a parking ratio of at least 3.5 spaces per 1,000 rentable square feet of the Premises) (it being agreed that fifteen (15) of such spaces shall be designated for exclusive use by Tenant for visitor parking, which fifteen (15) parking spaces shall be mutually agreed upon by Landlord and Tenant) and facilities serving the Building from time to time made intended for general use by the Landlord of which the Tenant is given notice: Tenant, other Building tenants (i) the entry, vestibules and main lobby of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipmentif any), and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways necessary or reasonably convenient for access to the Building, (iii) access to loading area and freight elevator subject to Rules and Regulations then in effect, and (iv) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby of such floor. Tenant shall have 24 hour, seven day per week access to the Premises, freight loading docks and freight elevatorsvisitors, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice; (e) any other facilities generally available to tenants in the Xxxxx Xxxxx Office Park, subject to reasonable rules from time to time in effect of which Tenant is given notice, and (f) all common areas of the Building so long as Tenant leases less than 100% of the Rentable Area of the Building. Landlord hereby grants Tenant the right to use the existing corridor from 000 Xxxxxxx Xxxxxx Xxxxx in order to access 000 Xxxxxxx Xxxxxx Xxxxx for the use of certain amenities which may be available in the Xxxxx Xxxxx Office Park from time to time. Nothing contained in the Lease shall prohibit or otherwise restrict Landlord from changing, from time to time, without notice to Tenant, the location, layout or type of the forgoing common areas and facilities, provided that no such change shall materially and adversely affect Tenant’s appurtenant rights set forth in this Section 2.2 and Landlord shall not substantially reduce the number of parking spaces available for use of tenants of Xxxxx Xxxxx Office Park or the parking ratio set forth above by more than five (5) parking spaces. Tenant shall have the right to use any applicable laws, but only existing emergency generators in the Building (the “Emergency Generators”) for backup power to the extent that Premises. Landlord makes no representation or warranty with respect to the Emergency Generators, including without limitation as to their condition or suitability for Tenant’s uses. Tenant has assumed responsibility shall be responsible for the maintenance of the Emergency Generators and repair Landlord shall have no obligation with respect thereto. If for any reason the Emergency Generators cease to operate or are otherwise unavailable, then Landlord shall permit Tenant (without any obligation on the part of such equipment Tenant to do so) to install replacement generators in the location of the applicable Emergency Generator to be installed and maintained by Tenant at Tenant’s sole cost and expense subject to all applicable terms and provisions of this Lease.
Appears in 1 contract
Appurtenant Rights. The Tenant shall have, as appurtenant In addition to the Premises, the nonexclusive right to use and occupy the premises, the tenant will want the lease to specify its rights with respect to the property in which the premises are located. At a minimum, the tenant will need a right of access over the common areas of the building and lot. Leases of space in suburban office parks should address the tenant’s parking rights. Typi- cally, tenants are given the right to use a specified number of parking spaces, which number is calculated on a formula based on the rentable area of the premises. In the Boston suburban market, parking ratios range from three to five spaces per 1,000 square feet of rentable floor area in the premises. Most landlords will not designate particular parking spaces for particular tenants, but will want the lease simply to provide that the tenant has the right to use the parking facility, up to that tenant’s designated number of spaces, in common with othersother tenants of the building on a first come, first-served basis. The tenant wants to be sure that it will always have access to its full allotment of spaces. As a compromise, leases often provide that the tenant has the “exclusive” right to its share of parking spaces, but that those spaces are “unas- signed.” This approach leaves unstated the tenant’s rights and remedies if it routinely finds that its allocated number of spaces are unavailable. Landlords understandably do not wish to become entangled in the expensive and thankless task of policing the use of an open parking lot. Sophisticated (i.e., hardened by experience) landlords may simply covenant to maintain an overall number of spaces serving the office building or complex, subject to reasonable rules applicable legal requirements, and not to grant parking rights to nontenants. Where access to the parking facility is controlled, the landlord can control usage through limiting the issuance of general applicability passes, access cards, or the like. Under these circumstances, a landlord can more safely undertake to occupants guarantee the availability of the Building from time tenant’s allotted spaces. Where the premises do not include lavatory facilities, the lease should give the tenant the appurtenant right to time made by use the Landlord of which common lavatories on the Tenant is given notice: (i) the entry, vestibules and main lobby floor or floors of the Building, first floor mailroombuilding containing the premises. Generally, the tenant should have the right to use all common stairwaysareas and facilities of the building, such as elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closetslobbies, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipmentdocks, and the pipeslike. Many office buildings now feature health clubs, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways necessary or reasonably convenient for access to the Building, (iii) access to loading area and freight elevator subject to Rules and Regulations then in effectcafeterias, and (iv) if conference facilities. The tenant’s attorney should make sure that the Premises at any time include less than lease specifically provides that the entire rentable floor area tenant and its employees will have the right to use these facilities on the same basis as other tenants of any floorthe building or office park. In the current labor market, it is advisable to provide that the tenant’s employees and contractors have the right to enjoy tenant’s appurtenant rights under the lease, since many people who formerly would have been employees now legally constitute contractors. The landlord’s form of lease usually reserves the landlord’s right to add to, subtract from, or change the common toilets, corridors, vestibules, areas of the building and elevator lobby of such floorland. Tenant shall have 24 hour, seven day per week access to the Premises, freight loading docks and freight elevators, The tenant should insist that this right be subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, restriction that the Tenant shall have, as appurtenant common areas always be at least functionally equivalent to the Premises (and exclusively for use in connection with the occupancy common areas existing as of the Premises), the nonexclusive right of access to and proportionate use date of the roof for lease. A tenant that leased space in a given building based on the purpose of installing spacious atrium would be upset if that space were walled off and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant converted to the terms of Article IV, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair of such equipment installed by Tenantoffices.
Appears in 1 contract
Samples: Commercial Lease Agreement
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right rights to use in common with others, (subject to reasonable rules of general applicability to occupants tenants and other users of the Building, if any, from time to time made by Landlord of which Tenant is given written notice): (a) the loading platform serving the Building (and Tenant’s rights thereto shall be exclusive [subject to use by Landlord in connection with Landlord’s obligations under this Lease] so long as Tenant leases one hundred percent [100%] of the Rentable Area of Building); (b) common driveways and walkways necessary for access to the Building; (c) the roof of the Building for telecommunications antennae; (d) the parking areas (as the same are shown on the attached Exhibit A-2; and such areas shall maintain a parking ratio of at least 3.5 spaces per 1,000 rentable square feet of the Premises) (it being agreed that fifteen (15) of such spaces shall be designated for exclusive use by Tenant for visitor parking, which fifteen (15) parking spaces shall be mutually agreed upon by Landlord and Tenant) and facilities serving the Building from time to time made intended for general use by the Landlord of which the Tenant is given notice: Tenant, other Building tenants (i) the entry, vestibules and main lobby of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipmentif any), and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways necessary or reasonably convenient for access to the Building, (iii) access to loading area and freight elevator subject to Rules and Regulations then in effect, and (iv) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby of such floor. Tenant shall have 24 hour, seven day per week access to the Premises, freight loading docks and freight elevatorsvisitors, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice; and (e) any other facilities generally available to tenants in the Xxxxx Xxxxx Office Park, subject to reasonable rules from time to time in effect of which Tenant is given notice. Landlord shall maintain the common areas and facilities in good order and condition. In addition, Landlord hereby grants Tenant the right to access 000 Xxxxx Xxxxxx from 000 Xxxxx Xxxxxx for the use of the fitness facility and other amenities which may be available in the Xxxxx Xxxxx Office Park from time to time, which right of access shall be constructed as part of Landlord’s Work. Nothing contained in the Lease shall prohibit or otherwise restrict Landlord from changing, from time to time, without notice to Tenant, the location, layout or type of the forgoing common areas and any applicable lawsfacilities, but only provided that no such change shall materially and adversely affect Tenant’s appurtenant rights set forth in this Section 2.2 and Landlord shall not substantially reduce the number of parking spaces available for use of tenants of Xxxxx Xxxxx Office Park or the parking ratio set forth above by more than five (5) parking spaces. Tenant shall have the right to use the existing emergency generator left by a former tenant of the Building (the “Emergency Generator”) for backup power to the extent that Premises. Landlord makes no representation or warranty with respect to the Emergency Generator, including without limitation as to its condition or suitability for Tenant’s uses. Tenant has assumed responsibility shall be responsible for the maintenance of the Emergency Generator and repair Landlord shall have no obligation with respect thereto. If for any reason the Emergency Generator ceases to operate or is otherwise unavailable, then Landlord shall permit Tenant (without any obligation on the part of such equipment Tenant to do so) to install a replacement generator in the location of the Emergency Generator to be installed and maintained by Tenant at Tenant’s sole cost and expense subject to all applicable terms and provisions of this Lease.
Appears in 1 contract
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right rights to use use, and permit its invitees to use, in common with othersLandlord and other tenants and occupants of the Property, subject to reasonable rules of general applicability to occupants of the Building and regulations from time to time made by the Landlord of which the Tenant is given notice: (ia) the entrycommon lobbies, vestibules toilets and main lobby corridors of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with othersPremises, (iib) common walkways and driveways necessary or reasonably convenient for access to the Building, (iii) access to loading area and freight elevator subject to Rules and Regulations then in effect, and (ivc) if the Premises at any time include less than the entire rentable floor area of any floor, the common toiletsparking areas serving the Building (i.e., corridors, vestibules, and elevator lobby parking areas not designated by suitable markings or otherwise as exclusive parking spaces for other tenants in the Building) all of such floorwhich are hereinafter known as the "Common Areas". Tenant shall lease from Landlord up to thirty-seven (37) parking spaces for Tenant's exclusive use that are located at the on-site parking facility (the "Tenant Parking") at the monthly rent of $190.00/month per parking space, for the spaces in use, as such rate may be changed from time to time (the "Parking Fee"). Tenant shall pay the Parking Fee to Landlord on the first day of each month in advance and such Parking Fee shall be deemed Additional Rent hereunder. Landlord reserves the right to relocate the Tenant Parking to a potential future parking structure owned by Landlord and within a five minute walk from the Building upon reasonable notice to Tenant. Tenant shall also have 24 houraccess to a shared loading dock, seven day per week and shall have the exclusive right to use of a tailboard loading dock freight elevator serving the Premises. To assist Landlord in preserving the common parking area, Landlord reserves the right to require Tenant to cause its employees to affix to their vehicles an identification sticker as furnished by Landlord as evidence that they are entitled to use said parking area. Further, Tenant shall furnish to Landlord, upon Landlord's request at reasonable intervals, the license plate numbers of vehicles of employees of Tenant who are principally employed at the Premises. Landlord reserves the right from time to time, upon not less than two (2) days prior notice which may be oral (except for emergency situations, where no prior notice shall be required, provided Landlord shall notify Tenant after such entry has occurred), without unreasonable interference with Tenant's use of or access to the Premises: (a) to install above a dropped ceiling (when applicable), freight loading docks use, maintain, repair, replace and freight elevators, subject to the provisions of this Lease and interruption relocate for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant service to the Premises and/or other parts of the Building, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to alter or relocate any other common facility, (c) to make any repairs and exclusively for use replacements to the Premises which Landlord may deem necessary, and (d) in connection with the occupancy any excavation made upon adjacent land of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject howeveror others, to reasonable rules of general applicability enter, and to occupants 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 time injury or damage and to time made by support the same. Tenant shall install and maintain, as Landlord of which the Tenant is given notice and may reasonably require, proper access panels in any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair of such equipment hung ceilings or walls as may be installed by TenantTenant in the Premises to afford access to any facilities above the ceiling or within or behind the walls.
Appears in 1 contract
Samples: Lease (908 Devices Inc.)
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right rights to use in common with others, (subject to reasonable rules of general applicability to occupants tenants and other users of the Building from time to time made by the Landlord of which the Tenant is given written notice: ): (ia) the entrycommon lobbies, vestibules and main lobby of the Buildingcorridors, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric elevators and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipmentplatform, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures meters and equipment serving the Premises in common with others, ; (iib) common driveways and walkways and driveways necessary or reasonably convenient for access to the Building, ; (iii) access to loading area and freight elevator subject to Rules and Regulations then in effect, and (ivc) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, corridors and elevator lobby on such floor and serving the Premises; and (d) the parking areas and facilities serving the Building from time to time intended for general use by Tenant, other Building tenants, and visitors, subject to reasonable rules from time to time made by Landlord of which Tenant is given notice. Nothing contained in the Lease shall prohibit or otherwise restrict Landlord from changing, from time to time, without notice to Tenant, the location, layout or type of the foregoing common areas and facilities, provided that Landlord shall not substantially reduce the number of parking spaces available for use by of tenants (including Tenant) in the parking areas serving the Building (and further provided that Tenant shall have, on an unreserved basis, the right to use at least 3.5 parking spaces per 1,000 square feet of Rentable Floor Area of the Premises, such floorparking spaces to be generally available for Tenant's use in the parking areas serving the Building) or otherwise materially reduce the building amenities available to Tenant in the Building as of the date of this Lease. Tenant shall have 24 hour, seven day per week access to the Premises, freight loading docks and freight elevators, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall also have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to use a conference room in the Forefront (subject to availability and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to reasonable Landlord's rules of general applicability to occupants of the Building and regulations in effect from time to time made by regarding the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair use of such equipment installed by conference room), twice per Lease Year at no cost to Tenant.
Appears in 1 contract
Samples: Office Lease (Mac-Gray Corp)
Appurtenant Rights. The Subject to the matters set forth in subsection (i) below, Tenant shall have, as appurtenant to the Premises, the nonexclusive non-exclusive right to use, and permit its invitees to use in common with Landlord and others, subject to reasonable rules of general applicability to occupants the following areas of the Building from time to time made by Property (collectively, the Landlord of which the Tenant is given notice: “Common Facilities”): (i) the entrypublic or common lobbies, vestibules and main lobby of the Buildinghallways, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric elevators (if any) and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways necessary or reasonably convenient for access to the Building, (iii) access to loading area Building and freight elevator subject to Rules and Regulations then in effectthe Premises, and (iv) if the portion of the Premises at on any time include floor includes less than the entire rentable floor area of any floor, the any common toilets, corridors, vestibules, any corridors required for access to the Premises and any elevator lobby of such floor; 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, if any, 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. Tenant’s employees and invitees shall be entitled to use sixty-two (62) of the parking spaces located on the parking area(s) located on the Property, fifty-three (53) of which parking spaces shall be used in common with others entitled thereto, on an unreserved, non-exclusive, first-come, first-served basis, and nine (9) of which parking spaces shall be located in the parking garage serving the Building in locations reasonably designated by Landlord from time to time on an exclusive, reserved basis, which exclusive, reserved parking spaces will be marked “Replimune”. Subject to the terms and provisions of this Section 2.2(a) and ARTICLE 14 below, Landlord shall not reduce the parking ratio for the Building (which is (x) 3.3 parking spaces per 1,000 rentable square feet of Premises Rentable Area for unreserved parking spaces, and (y) 0.5 parking spaces per 1,000 rentable square feet of Premises Rentable Area for reserved parking spaces) or the number of parking spaces that Tenant and Tenant’s employees and invitees are entitled to use pursuant to this Section 2.2(a), after the Term Commencement Date of this Lease. Landlord shall not be liable to Tenant, and this Lease shall not be affected, if any parking rights of Tenant hereunder are impaired by Applicable Law. Tenant shall have 24 hour, seven day per week access the right to install and use a Satellite Dish (as defined below) on the Premises, freight loading docks and freight elevators, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy roof of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord Building pursuant to the terms and provisions of Article IV, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair of such equipment installed by TenantExhibit H attached hereto.
Appears in 1 contract
Appurtenant Rights. The Subject to the matters set forth in subsection (c) below, Tenant shall have, as appurtenant to the Premises, the nonexclusive non-exclusive right to use, and permit its invitees to use in common with Landlord and others, subject to reasonable rules of general applicability to occupants the following areas of the Building from time to time made by Property (collectively, the Landlord of which the Tenant is given notice: “Common Facilities”) (i) the entrypublic or common lobbies, vestibules and main lobby of the Buildinghallways, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric elevators (if any) and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways necessary or reasonably convenient for access to the Building, (iii) access to loading area Building and freight elevator subject to Rules and Regulations then in effectthe Premises, and (iv) if the portion of the Premises at on any time include floor includes less than the entire rentable floor area of any floor, any corridors required for access to the common toilets, corridors, vestibules, Premises and any elevator lobby of such floor. Tenant shall have 24 hour; and (ii) the access roads, seven day per week access driveways, parking areas (as the same may be designated or modified by Landlord from time to the Premises, freight loading docks and freight elevators, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premisestime), loading areas, pedestrian sidewalks, landscaped areas, trash and recycling enclosures and other areas or facilities, if any, which are located in or on the nonexclusive right of access to Property and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved designated by the Landlord pursuant to the terms of Article IV, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by for the Landlord non-exclusive use of which tenants and other occupants of the Building. Tenant’s employees and invitees shall be entitled to use up to 155 of the parking spaces located on the Property on an unreserved, non-exclusive basis, with Tenant is given notice being entitled to its proportionate share of the parking spaces in the parking garage serving the Building and any applicable laws, but only the remaining spaces to be located in the open parking area adjacent to the extent that the Building. Landlord shall not be liable to Tenant, and this Lease shall not be affected, if any parking rights of Tenant has assumed responsibility for maintenance and repair of such equipment installed hereunder are impaired by TenantApplicable Law.
Appears in 1 contract
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice: (i) the entry, vestibules and main lobby of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways necessary or reasonably convenient for access to the Building, (iii) access to loading area and freight elevator subject to Rules and Regulations then in effect, and (iv) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby of such floor. Tenant shall have 24 hour, seven day per week access to the Premises, freight loading docks and freight elevators, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IVLandlord, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable lawsnotice, but only to the extent that the Tenant has assumed responsibility for maintenance and repair thereof. Tenant shall be allocated its proportionate share of such available roof and penthouse area for its equipment. Tenant shall be responsible for all costs relating to the installation, maintenance, and removal of said rooftop and penthouse equipment installed by Tenantat the expiration or earlier termination of the Term.
Appears in 1 contract
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice: (i) the entry, vestibules and main lobby of the Building, first floor mailroom, atrium bridges and walkways, the common stairways, Building shower room, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, closets and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways necessary or reasonably convenient for access to the Building, (iii) access to loading area and freight elevator subject to Rules rules and Regulations regulations then in effect, and (iv) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, bridges and walkways, and elevator lobby of such floor. Tenant shall also have 24 hour, seven day per week access to the Premises, freight loading docks and freight elevators, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as an appurtenant right to the Premises (and exclusively for the right to use in connection with the occupancy walkways adjacent to the atrium of the Premises)Building on each floor of the Building, the nonexclusive right entire rentable space of access to and proportionate use which is leased by Tenant, except the first floor of the roof Building, for the purpose of installing and maintaining mechanical equipmentreception and/or greeting areas subject, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to reasonable rules and regulations of general applicability to occupants of the Building such atrium walkways from time to time made by the Landlord of which Tenant shall have been given written notice. Tenant shall also have, as an appurtenant right to the Premises, the right to use such portions of the roof of the Building as Tenant shall require for the installation of mechanical equipment, skylights, etc., not exceeding Tenant's proportionate share of the capacity thereof in terms of space, live load limits and otherwise, subject to Landlord's approval rights pursuant to Section 4. Attached as Exhibit C-3 to the Work Letter is given notice a plan describing the available space on the roof of the Building. Without limitation of anything otherwise provided in this Lease, none of Tenant's installations of equipment on the roof, and any applicable lawsrequired interior and/or exterior ducts, but only may exceed the live load limits of the Building established by the Building Code or the Base Building System capacity as allocated to Tenant as specified in Exhibit F. Tenant shall also have the extent that the appurtenant right to use any University Park facilities and amenities made available from time to time for general use by office and R & D tenants of University Park, subject to any reasonable Rules and Regulations of general applicability promulgated by Landlord from time to time of which Tenant has assumed responsibility for maintenance and repair of such equipment installed by Tenantbeen given advance written notice.
Appears in 1 contract
Samples: Sublease (Viacell Inc)
Appurtenant Rights. The Leased Premises and Ground Area shall also include all appurtenant rights now or at any time hereafter during the term of this Lease necessary for the continued use and enjoyment thereof by Tenant and shall have, specifically include as appurtenant to thereto the Premisesright for Tenant and all his agents, the nonexclusive right employees, guests and invitees to use (in common with othersothers entitled to the use thereof)
(a) all entrances, subject lobbies, walkways, corridors, which now or hereafter afford access to reasonable rules of general applicability to occupants of the Leased Premises and the Building from time to time made by the Landlord of which the Tenant it is given notice: part and (ib) the entry, vestibules and main lobby of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Leased Premises and the Existing Building. The term Leased Premises wherever used herein, shall include any and all structures, parking facilities and common facilities built therein, or as they may, from time to time, be reduced by eminent domain takings or dedications to public authorities.Tenant shall also have the right as appurtenant to the Leased Premises to the exclusive access as can be reasonably enforced by the Landlord for motor vehicles to drive around the southerly side of the Building for access to a driveup facility on the easterly side of the Building and exit on Lakeview Avenue as shown in common Exhibit A. It will be fully understood by all other tenants that such area shall be for the exclusive use of the Tenant, except that loading docks or loading operations of other tenants may take place in this area on days Tenant is closed for business and on days Tenant is open for business, if prior to 8:00 A.M. or after Tenant's closing for retail business, all such load operations to be pursuant to such regulations established by Landlord which will attempt to minimize interference with othersthe normal operation of a banking facility. Landlord shall inform all subsequent tenants either by lease or separate letter of Tenant's exclusive use of the drive up access and facility, (ii) common walkways subject to loading dock and driveways necessary or reasonably convenient loading operation rights. Tenant shall also have the right as appurtenant to the Ground Area to the use of access for motor vehicles for access to the drive up facility attached to the Existing Building, (iii) access to loading area and freight elevator subject to Rules and Regulations then in effect, and (iv) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby of such floor. Tenant shall also have 24 hour, seven day per week access to the Premises, freight loading docks and freight elevators, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall havenonexclusive right, as appurtenant to the Leased Premises (and exclusively for to use the parking spaces as described in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair of such equipment installed by Tenant.10.10
Appears in 1 contract
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with othersthe Parking Areas and those roadways and walkways which are both on the Property and necessary for access to the Premises. Such right of Tenant to the Parking Areas and such roadways and walkways shall be exclusively Tenant’s right, subject however to reasonable the terms and conditions of this Lease, including, without limitation, the condition that such rights shall be subject to such rules of general applicability to occupants of the Building and regulations as may be made by Landlord from time to time made by as provided for in Section 11.1 of this Lease, “Rules and Regulations.”, and, with respect to use of the Landlord Parking Areas and such roadways and walkways, Tenant acknowledges and confirms that Tenant shall have no right to use any exterior portion of which the Tenant is given notice: Property for any purpose other than for (i) the entry, vestibules and main lobby of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts pedestrian access to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common conjunction with othersTenant’s permitted Use of the Premises, (ii) common walkways parking and driveways necessary unparking passenger vehicles used by Tenant (and Tenant’s agents, contractors or reasonably convenient employees acting with respect to Tenant within the scope of their agency, contract or employment) and Tenant’s invitees and licensees in conjunction with Tenant’s use of the Premises for access to the Building, Tenant’s Permitted Use and (iii) truck access to loading area in conjunction with moving in and freight elevator out of the Premises and pickups and deliveries in conjunction with Tenant’s use of the Premises for the permitted Use of the Premises. Notwithstanding the definition of the “Premises” but subject to Rules all other applicable terms and Regulations then in effectconditions of the Lease, and (iv) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby of such floor. Tenant shall have 24 hourthe right to access the roof and other areas of the Building and the Property as reasonably required to perform Tenant’s obligations under the Lease. Notwithstanding anything to the contrary elsewhere in this this Lease except as expressly otherwise set forth in Section 27.9 of this Lease, seven day per week access “Tenant’s Antenna”, Tenant shall have no right to use the roof of the Building for any purpose other than the placement of mechanical equipment directly related to Tenant use of the Premises for the permitted Use of the Premises, freight loading docks the installation, use, maintenance and freight elevators, removal of which such mechanical equipment shall be subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant all respects to the terms and conditions of Article IV, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair of such equipment installed by Tenantthis Lease.
Appears in 1 contract
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with othersthe Parking Areas and those roadways and walkways which are both on the Property and necessary for access to the Premises. Such right of Tenant to the Parking Areas and such roadways and walkways shall be exclusively Tenant’s right, subject however to reasonable the terms and conditions of this Lease, including, without limitation, the condition that such rights shall be subject to such rules of general applicability to occupants of the Building and regulations as may be made by Landlord from time to time made by as provided for in Section 11.1 of this Lease, “Rules and Regulations.”, and, with respect to use of the Landlord Parking Areas and such roadways and walkways, Tenant acknowledges and confirms that Tenant shall have no right to use any exterior portion of which the Tenant is given notice: Property for any purpose other than for (i) the entry, vestibules and main lobby of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts pedestrian access to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common conjunction with othersTenant’s use of the Premises for the permitted Use of the Premises, (ii) common walkways parking and driveways necessary unparking passenger vehicles used by Tenant (and Tenant’s agents, contractors or reasonably convenient employees acting with respect to Tenant within the scope of their agency, contract or employment) and Tenant’s invitees and licensees in conjunction with Tenant’s use of the Premises for access to the Building, permitted Use of the Premises and (iii) truck access to loading area in conjunction with moving in and freight elevator out of the Premises and pickups and deliveries in conjunction with Tenant’s use of the Premises for the permitted Use of the Premises. Notwithstanding the definition of the “Premises” but subject to Rules all other applicable terms and Regulations then in effectconditions of this Lease, and (iv) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby of such floor. Tenant shall have 24 hourthe right to access the roof and other areas of the Building and the Property as reasonably required to perform Tenant’s obligations under this Lease. Notwithstanding anything to the contrary elsewhere in this this Lease except as expressly otherwise set forth in Section 27.9 of this Lease, seven day per week access “Tenant’s Antenna”, Tenant shall have no right to use the roof of the Building for any purpose other than the placement of mechanical equipment directly related to Tenant’s use of the Premises for the permitted Use of the Premises, freight loading docks the installation, use, maintenance and freight elevators, removal of which such mechanical equipment shall be subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant all respects to the terms and conditions of Article IV, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair of such equipment installed by Tenantthis Lease.
Appears in 1 contract
Samples: Building Lease (D8 Holdings Corp.)
Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice: Rules and Regulations, (i) the entry, vestibules and main lobby of the Building, first floor mailroommail room, the common stairways, elevators, elevator xxxxxwellx, boiler xxiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the land that are necessary or reasonably convenient for access to the Building, and all other areas in and amenities of University Park as are made available generally to the occupants of University Park or the general public, (iii) access to to, and use of in common with other tenants, loading area and freight elevator elevator, janitor's closet, and electrical and telephone closets, portions of the rooftop Penthouse reserved for Tenant use, provided Tenant has equipment located therein, subject to Rules and Regulations Regulations, as hereinafter defined in Exhibit E, then in effect, effect and (iv) if the Premises at any time include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, bridges and elevator lobby of such floor. Tenant shall have 24 hour, seven day per week access appurtenant right to the PremisesPremises the right to use portions of the roof of the Building, freight loading docks outside of the Base Building Penthouse on the roof, as shall be reasonably designed by Landlord for location of Tenant equipment. All Tenant's installations of equipment on the roof and freight elevators, any required interior and/or exterior ducts shall be subject to Landlord's reasonable approval, and in no event shall such installation exceed the provisions of this Lease live load, or the Base Building System capacity as allocated to Tenant or University Park design guidelines all as approved by Landlord and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionallypermitted under the appropriate building code such approval not to be unreasonably withheld or delayed (collectively, the "Common Areas").
(b) The Tenant shall have, as appurtenant to the Premises Premises, the right to enjoy such easements of ingress and egress over other land within University Park as may benefit the Property as more particularly contemplated under the Declaration of Covenants.
(and exclusively for use in connection with the occupancy of c) The Tenant shall have, as appurtenant to the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, parking rights set forth in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair of such equipment installed by TenantSection 2.4.
Appears in 1 contract
Samples: Lease (Alkermes Inc)
Appurtenant Rights. The Tenant shall have, as appurtenant to the Premisespremises, the nonexclusive right rights to use in common common, with othersothers entitled thereto, subject to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice: ; (ia) the entrycommon lobbies, vestibules hallways, stairways and main lobby elevators of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises premises in common with others, (iib) common walkways and driveways roadways necessary or reasonably convenient for access to the Building, (iii) access to loading area Building and freight elevator subject to Rules and Regulations then in effectthe parking areas described below, and (ivc) if the Premises at any time premises include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, toilets and elevator lobby other common facilities of such floor; and no other appurtenant rights or easements. Tenant shall have 24 hour, seven day per week access Notwithstanding anything to the Premisescontrary herein or in the Lease contained, freight loading docks and freight elevators, subject Landlord has no obligation to allow any particular telecommunication service provider to have access s to the provisions Building or to Tenant's 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. As of the Execution Date of this Lease, there are 3.5 parking spaces in the surface parking lot and in the adjacent parking garage ("Garage") which are owned by Landlord and are designated for use by the tenants in the Building for every 1,000 square feet of the Building Total Rentable Area (as defined in Exhibit 1). Nothing contained in the Lease and interruption for External Causesshall prohibit or otherwise restrict Landlord From changing, casualty and condemnation. from time to time, following notice to Tenant, the location, layout or type of such parking areas, provided that Landlord shall provide Tenant with access cards not, except as required by law or by takings, reduce the number of parking spaces available for after-hours accesssuch tenants' use or relocate the parking spaces to a lot or garage more distant from the Building. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, Subject to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable lawsat least ten (10) days prior written notice, but only Tenant shall have the right, in common with all other tenants of the Building, to use such parking areas, without charge, on a first-come first- served basis. The parties acknowledge that Landlord shall have no obligation to Tenant to police the extent that use of said parking spaces; however, Landlord may implement systems, as Landlord deems fit to monitor the Tenant has assumed responsibility for maintenance and repair use of such equipment installed by Tenantthe surface parking lot.
Appears in 1 contract
Samples: Lease Agreement (Edocs Inc)
Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice: Rules and Regulations (as defined in Section 6.3): (i) the entry, vestibules and main lobby of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks Tenant’s Proportionate Share (as set forth in Exhibit A) of the use of the existing Building life-safety emergency generator (which shall be maintained and bays, rooftop mechanical penthouses replaced by Landlord from time to time as required) and shafts to of the extent they house use of the stand-by generator that Landlord will have installed in the Building equipment, by no later than Rent Commencement Date and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to to, and use of in common with other tenants of, loading area and receiving areas and freight elevator elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect, effect and (iv) if the Premises at any time include includes less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, elevator lobby, lavatories, and Sleight elevator lobby of vestibule located on such floorfloor (collectively, the “Common Areas”). Tenant and its authorized contractors and cleaning personnel shall have 24 hour, seven day per week access to the Premises, freight loading docks area and disposal areas and freight elevators, all at no additional cost and subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. AdditionallyWithout limiting the foregoing, the Tenant shall have, have as appurtenant to the Premises Premises, (and exclusively for A) the right to use in connection with the occupancy a portion of the Premises)first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant) and Tenant’s solvent storage needs, together with access thereto from the nonexclusive right of access to and proportionate common hallway, (B) use of the roof central vacuum system and compressed air system (installed and maintained by Landlord) in common with other tenants entitled thereto, together with access to such systems, the cost of which shared systems shall be part of Operating Expenses (provided that, in the event that Tenant shall create one or more of its own independent system for vacuum and/or compressed air as part of its leasehold improvements, Tenant shall not be obligated to share in costs related to the purpose shared systems as part of installing Tenant’s Operating Expenses Allocable to the Premises, and maintaining mechanical (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-hour, seven (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading area and disposal areas and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, all at no additional cost and subject to the rules and regulations set forth in Exhibit P and interruption for External Causes, casualty and condemnation.
(b) Subject to Section 4.1 with respect to installation requirements, Tenant shall have the right, at no additional rental cost, to install heating, ventilation and air conditioning equipment, HVAC equipmentgenerators, emergency generatorantennas, antennae and satellite dishes whichand other equipment on the roof of the Building in areas that in aggregate do not exceed Tenant’s proportionate share of roof area of the Building, in each casecase in locations designated by Landlord. Any such equipment installed by Tenant shall be for Tenant’s own use and shall be subject to (i) Landlord’s approval regarding location and installation specifications, have been pre-approved by and such requirements intended to any specifications arising from the roof warranty, including the requirement to use such contractor(s) as Landlord pursuant may specify for such work, such approval not to be unreasonably withheld, conditioned or delayed, and (ii) applicable City of Cambridge and other legal requirements. Tenant shall be responsible for all costs relating to the terms of Article IVinstallation, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair removal of such equipment installed by TenantTenant on the Building roof. In addition to the foregoing, Tenant shall have the right to the nonexclusive use of available space within the enclosed mechanical penthouse constructed on the roof on a proportionate share basis.
Appears in 1 contract