Building and Real Property/Project. The Building is part of a multi-office building project ("Project") constructed on the Real Property (as defined below) known as [***] which also includes an additional office building bated adjacent to the Building at 00000 Xxxxxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx ("Building II"). Building I and Building II are sometimes collectively referred to herein as the "Buildings." The Project may contain an additional office building that may be constructed on the Real Property and located adjacent to the Buildings ("Adjacent Building"). The term "Real Property," as used in this Lease, shall mean, collectively, (i) the Buildings, (ii) the Adjacent Building (if and when constructed), (iii) any outside xxxxx xxxxx, xxxxxxxx, xxxxxxxxx, xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities now or hereafter constructed surrounding and/or servicing the Buildings and the Adjacent Building (if and when constructed), including parking structures and surface parking facilities now or hereafter servicing the Buildings, the Adjacent Building (if and when constructed) and any other buildings which may be at a within the Project (collectively, the "Parking Faculties"), which are designated from time to time by Landlord as common areas (or parking facilities, as the case may be) appurtenant to or servicing the Buildings, the Adjacent Building (if and when constructed) and any such other buildings; (iv) any additional buildings, improvements, facilities, part structures and common areas which Landlord (and/or any common area association formed by Landlord or Landlord's assignee for the Project) may add thereto from time to time within or as part of the Project; provided, however, that no such additions shall materially and adversely interfere with Tenants permitted use of the Premises (as described in Article 5 below) or unreasonably interfere with Tenant's access to the Premises or the Building (including Tenant's access to the Parking Facilities); and (iv) the land upon which any of the foregoing are situated. The site plan depicting the centaur configuration of the Real Property and proposed Project is set forth in Exhibit A-1 attached hereto. Notwithstanding the foregoing or anything contained in this Lease to the contrary, (1) Landlord has no obligation to expand or otherwise make any improvements within the Project, inducing, without limitation, the Adjacent Building, or any of the outside plaza gym, walkways, driveways, courtyards,' public and private streets, transportation facilitation areas and other improvements and facilities which may be depicted on Exhibit A-1 attached hereto (as the same may be modified by Landlord from time to time without notice to Tenant), other than Landlord's obligations at forth in the Tenant Work Letter to construct the Base, Shell and Core of the Building, and the initial Tenant Improvements for the Premises pursuant to the provisions of the Tenant Work Letter, and (2) Landlord shall [***] Confidential portions of this document have been redacted and filed separately with the Commission. have the right from time to time to include or exclude any improvements or facilities within the Project, at Landlord's sole election, as more particularly set forth in Section 1.1.3 below.
Appears in 2 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Building and Real Property/Project. The Building is part of a multi-office building project ("Project") constructed on the Real Property (as defined below) known as [***] which also includes an additional office building bated located adjacent to the Building at 00000 Xxxxxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx ("Building II"). Building I and Building II are sometimes collectively referred to herein as the "Buildings." The Project may contain an additional office building that may be constructed on the Real Property and located adjacent to the Buildings ("Adjacent Building"). The term "Real Property," as used in this Lease, shall mean, collectively, (i) the Buildings, (ii) the Adjacent Building (if and when constructed), (iii) any outside xxxxx xxxxx, xxxxxxxx, xxxxxxxxx, xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities now or hereafter constructed surrounding and/or servicing the Buildings and the Adjacent Building (if and when constructed), including parking structures and surface parking facilities now or hereafter servicing the Buildings, the Adjacent Building (if and when constructed) and any other buildings which may be at a constructed within the Project (collectively, the "Parking FacultiesFacilities"), which are designated from time to time by Landlord as common areas (or parking facilities, as the case may be) appurtenant to or servicing the Buildings, the Adjacent Building (if and when constructed) and any such other buildings; (iv) any additional buildings, improvements, facilities, part parking areas and structures and common areas which Landlord (and/or any common area association formed by Landlord or Landlord's assignee for the Project) may add thereto from time to time within or as part of the Project; provided, however, that no such additions shall .shall materially and adversely interfere with Tenants Tenant's permitted use of the Premises (as described in Article 5 below) or unreasonably interfere with Tenant's access to the Premises or the Building (including Tenant's access to the Parking Facilities); and (iv) the land upon which any of the foregoing are situated. The site plan depicting the centaur current configuration of the Real Property and proposed Project is set forth in Exhibit A-1 attached hereto. Notwithstanding the foregoing or anything contained in this Lease to the contrary, (1) Landlord has no obligation to expand or otherwise make any improvements within the Project, inducingincluding, without limitation, the Adjacent Building, . or any of the outside plaza gymxxxxx xxxxx, walkwaysxxxxxxxx, drivewaysxxxxxxxxx, courtyards,' xxxxxxxxxx, public and private streets, . transportation facilitation areas and other improvements and facilities which may be depicted on Exhibit A-1 attached hereto (as the same may be modified by Landlord from time to time without notice to Tenant, unless said modifications will unreasonably affect Tenant's access to the Premises and/or Parking Facilities, in which case, Landlord shall endeavor to give Tenant ten (10) days prior notice of the same), other than Landlord's obligations at set forth in the Tenant Work Letter to construct the Base, Shell and Core of the Building, and the initial Tenant Improvements for the Premises pursuant to the provisions of the Tenant Work Letter, and (2) Landlord shall [***] Confidential portions of this document have been redacted and filed separately with the Commission. have the right from time to time to include or exclude any improvements or facilities within the Project, at Landlord's sole election, as more particularly set forth in Section 1.1.3 below. Subject to [***] Confidential portions of this document have been redacted and filed separately with the Commission.
Appears in 2 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Building and Real Property/Project. The Building is part of a multi-office building project ("Project") constructed on the Real Property (as defined below) known as [***] "Legacy Sabre Springs" which also includes an additional office building bated adjacent to the Building at 00000 Xxxxxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx ("Building II"). Building I and Building II are sometimes collectively referred to herein as the "Buildings." The Project may contain an additional office building that may be constructed on the Real Property and located adjacent to the Buildings ("Adjacent Building"). The term "Real Property," as used in this Lease, shall mean, collectively, (i) the Buildings, (ii) the Adjacent Building (if and when constructed), (iii) any outside xxxxx xxxxx, xxxxxxxx, xxxxxxxxx, xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities now or hereafter constructed surrounding and/or servicing the Buildings and the Adjacent Building (if and when constructed), including parking structures and surface parking facilities now or hereafter servicing the Buildings, the Adjacent Building (if and when constructed) and any other buildings which may be at a within the Project (collectively, the "Parking Faculties"), which are designated from time to time by Landlord as common areas (or parking facilities, as the case may be) appurtenant to or servicing the Buildings, the Adjacent Building (if and when constructed) and any such other buildings; (iv) any additional buildings, improvements, facilities, part structures and common areas which Landlord (and/or any common area association formed by Landlord or Landlord's assignee for the Project) may add thereto from time to time within or as part of the Project; provided, however, that no such additions shall materially and adversely interfere with Tenants permitted use of the Premises (as described in Article 5 below) or unreasonably interfere with Tenant's access to the Premises or the Building (including Tenant's access to the Parking Facilities); and (iv) the land upon which any of the foregoing are situated. The site plan depicting the centaur configuration of the Real Property and proposed Project is set forth in Exhibit A-1 attached hereto. Notwithstanding the foregoing or anything contained in this Lease to the contrary, (1) Landlord has no obligation to expand or otherwise make any improvements within the Project, inducing, without limitation, the Adjacent Building, or any of the outside plaza gym, walkways, driveways, courtyards,' public and private streets, transportation facilitation areas and other improvements and facilities which may be depicted on Exhibit A-1 attached hereto (as the same may be modified by Landlord from time to time without notice to Tenant), other than Landlord's obligations at forth in the Tenant Work Letter to construct the Base, Shell and Core of the Building, and the initial Tenant Improvements for the Premises pursuant to the provisions of the Tenant Work Letter, and (2) Landlord shall [***] Confidential portions of this document have been redacted and filed separately with the Commission. have the right from time to time to include or exclude any improvements or facilities within the Project, at Landlord's sole election, as more particularly set forth in Section 1.1.3 below.
Appears in 1 contract
Building and Real Property/Project. The Building is part of a multi-office building project ("Project") constructed on the Real Property (as defined below) parcels of land known as [***] Legacy Sabre Springs which consists of three (3) separate parcels known as Lots 10, 11 and 12 of that certain Map of Sabre Springs Industrial Park, Unit Number 3, Map Number 11547 recorded in the Office of the County Recorder of San Diego County on June 19, 1986, and also includes an additional office building bated located adjacent to the Building at 00000 Xxxxxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx ("Building II"). Building I and Building II are sometimes collectively referred to herein as the "Buildings." The Buildings are located on Lots 11 and 12 of Legacy Sabre Springs (the "Existing Project Parcels"). The Project may contain an additional office building that may be constructed on the Real Property and located adjacent to the Buildings ("Adjacent Building"), parking structure and other improvements that may be constructed on Lot 10 of the Real Property (the "Adjacent Parcel") and located adjacent to the Existing Project Parcels; provided, however, that such Adjacent Parcel, together with such Adjacent Building, parking structure and other improvements that may be constructed thereon (collectively, the "Adjacent Parcel Improvements") shall only be included as a part of the Project if the size and specifications of the Adjacent Building are substantially comparable to the size and specifications of the Building and only so long as such Adjacent Building is utilized for general office use purposes or other uses substantially consistent with the uses in the Buildings (collectively, the "Project Inclusion Conditions"); provided further, however, that landlord and Tenant acknowledge and agree that the dimensions of the Adjacent Building may be different than the dimensions of the Building and that such difference, together with other changes in the dimensions of the Adjacent Building that may be desired by Landlord or are otherwise required by applicable Laws or any covenants, conditions or restrictions affecting the Roil Property shall not prohibit Landlord from including the Adjacent Parcel (and the Adjacent Parcel Improvements) in the Project so long as the size and specifications of the Adjacent Building arc substantially the same as the size and specifications of Building. The term "Real Property," as used in this Lease, shall mean, collectively, (i) the Buildings, (ii) the Adjacent Building (if and when constructedconstructed and only if included as part of the Project based on the Project Inclusion Restrictions), (iii) any outside xxxxx xxxxx, xxxxxxxx, xxxxxxxxx, xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities now or hereafter constructed surrounding and/or servicing the Buildings and the Adjacent Building (if and when constructedconstructed and only if included as part of the Project based on the Project Inclusion Restrictions), including parking structures and surface parking facilities now or hereafter servicing the Buildings, Buildings and the Adjacent Building (if and when constructed) constructed and any other buildings which may be at a within only if included as part of the Project based on the Project Inclusion Restrictions) (collectively, the "Parking FacultiesFacilities"), which are arc designated from time to time by Landlord as common areas (or parking facilities, as the case may be) appurtenant to or servicing the Buildings, Buildings and the Adjacent Building (if and when constructed) constructed and any such other buildingsonly if included as part of the Project based on the Project Inclusion Restrictions); (iv) any additional buildings, improvements, facilities, part parking areas and structures and common areas which Landlord (and/or any common area association formed by Landlord or Landlord's assignee for of the Project) may add thereto from time to time within or as part of the Project; provided, however, that no such additions Additions shall materially and or adversely interfere with Tenants permitted Tenant's use of the Premises (as described in Article 5 below) or unreasonably interfere with Tenant's access to and use of the Premises or the Building (including Tenant's access to the Parking Panting Facilities); and (iv) the land upon which any of the foregoing are situated. The site plan depicting the centaur current configuration of the Real Property and proposed Project (inclusive of the Adjacent Parcel but not depicting the Adjacent Parcel Improvements) is set forth in Exhibit A-1 attached hereto. In no event shall the costs of the initial development of the Real Property be included in Building Operating Expenses or Project Operating Expenses. Notwithstanding the foregoing or anything contained in this Lease to the contrary, (1) Landlord has no obligation to expand or otherwise make any improvements within the Project, inducingincluding, without limitation, the Adjacent BuildingBuilding (or any other Adjacent Parcel Improvements), or any of the outside plaza gymxxxxx xxxxx, walkwaysxxxxxxxx, drivewaysxxxxxxxxx, courtyards,' xxxxxxxxxx. public and private streets, transportation facilitation areas and other improvements and facilities which may be depicted on Exhibit A-1 attached hereto (as the same may be modified by Landlord from time to time without notice to Tenant), other than Landlord's obligations at forth in the Tenant Work Letter to construct the Base, Shell and Core of the Building, and the initial Tenant Improvements for the Premises pursuant to the provisions of the Tenant Work Letter, and (2) Landlord shall [***] Confidential portions of this document have been redacted and filed separately with the Commission. have the right from time to time to include or exclude any improvements or facilities within the Project, at Landlord's sole election, as more particularly set forth in Section 1.1.3 below (subject, however, to the restrictions set forth above regarding the Adjacent Parcel Improvements); provided, however, that no such inclusions and/or exclusions shall materially or adversely interfere with Tenant's use of the Premises or unreasonably interfere with Tenant's access to the Premises or-the Building (including Tenant's use of and seem to the Parking Facilities). Subject to (i) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (ii) Force Majeure events, (iii) Landlord's commercially reasonable security requirements, and (iv) the requirements of applicable Laws (as defined in Section 5.1 below), Tenant shall have access to the Premises and the Parking Facilities twenty-four (24) hours per day, seven (7) days per week throughout the Lease Term.
Appears in 1 contract
Building and Real Property/Project. The Building is part of a multi-office building project ("Project") constructed on the Real Property (as defined below) known as [***] "Legacy Sabre Springs" which also includes an additional office building bated located adjacent to the Building at 00000 Xxxxxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx ("Building II"). Building I and Building II are sometimes collectively referred to herein as the "Buildings." The Project may contain an additional office building that may be constructed on the Real Property and located adjacent to the Buildings ("Adjacent Building"). The term "Real Property," as used in this Lease, shall mean, collectively, (i) the Buildings, (ii) the Adjacent Building (if and when constructed), (iii) any outside xxxxx xxxxx, xxxxxxxx, xxxxxxxxx, xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities now or hereafter constructed surrounding and/or servicing the Buildings and the Adjacent Building (if and when constructed), including parking structures and surface parking facilities now or hereafter servicing the Buildings, the Adjacent Building (if and when constructed) and any other buildings which may be at a constructed within the Project (collectively, the "Parking FacultiesFacilities"), which are designated from time to time by Landlord as common areas (or parking facilities, as the case may be) appurtenant to or servicing the Buildings, the Adjacent Building (if and when constructed) and any such other buildings; (iv) any additional buildings, improvements, facilities, part parking areas and structures and common areas which Landlord (and/or any common area association formed by Landlord or Landlord's assignee for the Project) may add thereto from time to time within or as part of the Project; provided, however, that no such additions shall .shall materially and adversely interfere with Tenants Tenant's permitted use of the Premises (as described in Article 5 below) or unreasonably interfere with Tenant's access to the Premises or the Building (including Tenant's access to the Parking Facilities); and (iv) the land upon which any of the foregoing are situated. The site plan depicting the centaur current configuration of the Real Property and proposed Project is set forth in Exhibit A-1 attached hereto. Notwithstanding the foregoing or anything contained in this Lease to the contrary, (1) Landlord has no obligation to expand or otherwise make any improvements within the Project, inducingincluding, without limitation, the Adjacent Building, . or any of the outside plaza gymxxxxx xxxxx, walkwaysxxxxxxxx, drivewaysxxxxxxxxx, courtyards,' xxxxxxxxxx, public and private streets, . transportation facilitation areas and other improvements and facilities which may be depicted on Exhibit A-1 attached hereto (as the same may be modified by Landlord from time to time without notice to Tenant, unless said modifications will unreasonably affect Tenant's access to the Premises and/or Parking Facilities, in which case, Landlord shall endeavor to give Tenant ten (10) days prior notice of the same), other than Landlord's obligations at set forth in the Tenant Work Letter to construct the Base, Shell and Core of the Building, and the initial Tenant Improvements for the Premises pursuant to the provisions of the Tenant Work Letter, and (2) Landlord shall [***] Confidential portions of this document have been redacted and filed separately with the Commission. have the right from time to time to include or exclude any improvements or facilities within the Project, at Landlord's sole election, as more particularly set forth in Section 1.1.3 below.. Subject to
Appears in 1 contract
Building and Real Property/Project. The Building is part of a multi-office building project ("“Project"”) constructed on the Real Property (as defined below) known as [***] “Legacy Sabre Springs” which also includes an additional office building bated located adjacent to the Building at 00000 Xxxxxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx ("“Building II"I”). Building I and Building II are sometimes collectively referred to herein as the "“Buildings." ” The Project may contain an additional office building that may be constructed on the Real Property and located adjacent to the Buildings ("“Adjacent Building"”). The term "“Real Property," ” as used in this Lease, shall mean, collectively, (i) the Buildings, (ii) the Adjacent Building (if and when constructed), (iii) any outside xxxxx xxxxx, xxxxxxxx, xxxxxxxxx, xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities now or hereafter constructed surrounding and/or servicing the Buildings and the Adjacent Building (if and when constructed), including parking structures and surface parking facilities now or hereafter servicing the Buildings, the Adjacent Building (if and when constructed) and any other buildings which may be at a constructed within the Project (collectively, the "“Parking Faculties"Facilities”), which are designated from time to time by Landlord as common areas (or parking facilities, as the case may be) appurtenant to or servicing the Buildings, the Adjacent Building (if and when constructed) and any such other buildings; (iv) any additional buildings, improvements, facilities, part parking areas and structures and common areas which Landlord (and/or any common area association formed by Landlord or Landlord's ’s assignee for the Project) may add thereto from time to time within or as part of the Project; provided, however, that no such additions shall materially and adversely interfere with Tenants Tenant’s permitted use of the Premises (as described in Article 5 below) or unreasonably interfere with Tenant's ’s access to the Premises or the Building (including Tenant's ’s access to the Parking Facilities); and (iv) the land upon which any of the foregoing are situated. The site plan depicting the centaur current configuration of the Real Property and proposed Project is set forth in Exhibit A-1 A-l attached hereto. Notwithstanding the foregoing or anything contained in this Lease to the contrary, (1) Landlord has no obligation to expand or otherwise make any improvements within the Project, inducingincluding, without limitation, the Adjacent Building, or any of the outside plaza gymxxxxx xxxxx, walkwaysxxxxxxxx, drivewaysxxxxxxxxx, courtyards,' xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities which may be depicted on Exhibit A-1 A-l attached hereto (as the same may be modified by Landlord from time to time without notice to Tenant), other than Landlord's ’s obligations at set forth in the Tenant Work Letter to construct the Base, Shell and Core of the Building, and the initial Tenant Improvements for the Premises pursuant to the provisions of the Tenant Work Letter, and (2) Landlord shall [***] Confidential portions of this document have been redacted and filed separately with the Commission. have the right from time to time to include or exclude any improvements or facilities within the Project, at Landlord's ’s sole election, as more particularly set forth in Section 1.1.3 below.
Appears in 1 contract
Building and Real Property/Project. The Building is part of a multi-office building project ("Project") constructed on the Real Property (as defined below) parcels of land known as [***] Legacy Sabre Springs which consists of three (3) separate parcels known as Lots 10, 11 and 12 of that certain Map of Sabre Springs Industrial Park, Unit Number 3, Map Number 11547 recorded in the Office of the County Recorder of San Diego County on June 19, 1986, and also includes an additional office building bated located adjacent to the Building at 00000 Xxxxxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx ("Building II"). Building I and Building II are sometimes collectively referred to herein as the "Buildings." The Buildings are located on Lots 11 and 12 of Legacy Sabre Springs (the "Existing Project Parcels"). The Project may contain an additional office building that may be constructed on the Real Property and located adjacent to the Buildings ("Adjacent Building"), parking structure and other improvements that may be constructed on Lot 10 of the Real Property (the "Adjacent Parcel") and located adjacent to the Existing Project Parcels; provided, however, that such Adjacent Parcel, together with such Adjacent Building, parking structure and other improvements that may be constructed thereon (collectively, the "Adjacent Parcel Improvements") shall only be included as a part of the Project if the size and specifications of the Adjacent Building are substantially comparable to the size and specifications of the Building and only so long as such Adjacent Building is utilized for general office use purposes or other uses substantially consistent with the uses in the Buildings (collectively, the "Project Inclusion Conditions"); provided further, however, that landlord and Tenant acknowledge and agree that the dimensions of the Adjacent Building may be different than the dimensions of the Building and that such difference, together with other changes in the dimensions of the Adjacent Building that may be desired by Landlord or are otherwise required by applicable Laws or any covenants, conditions or restrictions affecting the Roil Property shall not prohibit Landlord from including the Adjacent Parcel (and the Adjacent Parcel Improvements) in the Project so long as the size and specifications of the Adjacent Building arc substantially the same as the size and specifications of Building. The term "Real Property," as used in this Lease, shall mean, collectively, (i) the Buildings, (ii) the Adjacent Building (if and when constructedconstructed and only if included as part of the Project based on the Project Inclusion Restrictions), (iii) any outside xxxxx xxxxx, xxxxxxxx, xxxxxxxxx, xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities now or hereafter constructed surrounding and/or servicing the Buildings and the Adjacent Building (if and when constructedconstructed and only if included as part of the Project based on the Project Inclusion Restrictions), including parking structures and surface parking facilities now or hereafter servicing the Buildings, Buildings and the Adjacent Building (if and when constructed) constructed and any other buildings which may be at a within only if included as part of [***] Confidential portions of this document have been redacted and filed separately with the Commission. the Project based on the Project Inclusion Restrictions) (collectively, the "Parking FacultiesFacilities"), which are arc designated from time to time by Landlord as common areas (or parking facilities, as the case may be) appurtenant to or servicing the Buildings, Buildings and the Adjacent Building (if and when constructed) constructed and any such other buildingsonly if included as part of the Project based on the Project Inclusion Restrictions); (iv) any additional buildings, improvements, facilities, part parking areas and structures and common areas which Landlord (and/or any common area association formed by Landlord or Landlord's assignee for of the Project) may add thereto from time to time within or as part of the Project; provided, however, that no such additions Additions shall materially and or adversely interfere with Tenants permitted Tenant's use of the Premises (as described in Article 5 below) or unreasonably interfere with Tenant's access to and use of the Premises or the Building (including Tenant's access to the Parking Panting Facilities); and (iv) the land upon which any of the foregoing are situated. The site plan depicting the centaur current configuration of the Real Property and proposed Project (inclusive of the Adjacent Parcel but not depicting the Adjacent Parcel Improvements) is set forth in Exhibit A-1 attached hereto. In no event shall the costs of the initial development of the Real Property be included in Building Operating Expenses or Project Operating Expenses. Notwithstanding the foregoing or anything contained in this Lease to the contrary, (1) Landlord has no obligation to expand or otherwise make any improvements within the Project, inducingincluding, without limitation, the Adjacent BuildingBuilding (or any other Adjacent Parcel Improvements), or any of the outside plaza gymxxxxx xxxxx, walkwaysxxxxxxxx, drivewaysxxxxxxxxx, courtyards,' xxxxxxxxxx. public and private streets, transportation facilitation areas and other improvements and facilities which may be depicted on Exhibit A-1 attached hereto (as the same may be modified by Landlord from time to time without notice to Tenant), other than Landlord's obligations at forth in the Tenant Work Letter to construct the Base, Shell and Core of the Building, and the initial Tenant Improvements for the Premises pursuant to the provisions of the Tenant Work Letter, and (2) Landlord shall [***] Confidential portions of this document have been redacted and filed separately with the Commission. have the right from time to time to include or exclude any improvements or facilities within the Project, at Landlord's sole election, as more particularly set forth in Section 1.1.3 below (subject, however, to the restrictions set forth above regarding the Adjacent Parcel Improvements); provided, however, that no such inclusions and/or exclusions shall materially or adversely interfere with Tenant's use of the Premises or unreasonably interfere with Tenant's access to the Premises or-the Building (including Tenant's use of and seem to the Parking Facilities). Subject to (i) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (ii) Force Majeure events, (iii) Landlord's commercially reasonable security requirements, and (iv) the requirements of applicable Laws (as defined in Section 5.1 below), Tenant shall have access to the Premises and the Parking Facilities twenty-four (24) hours per day, seven (7) days per week throughout the Lease Term.
Appears in 1 contract
Building and Real Property/Project. The Building is part of a multi-that certain office building project ("“Project"”) constructed on the Real Property (as defined below) known as [***] which also includes an additional office building bated adjacent to the Building at 00000 Xxxxxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx ("Building “Riverpark Tower II"). Building I and Building II are sometimes collectively referred to herein as the "Buildings." The Project may contain an additional office building that may be constructed on the Real Property and located adjacent to the Buildings ("Adjacent Building")”. The term "“Real Property," ”, as used in this Lease, shall mean, collectively, (i) the BuildingsBuilding, (ii) the Adjacent Building (if and when constructed), (iii) any outside xxxxx xxxxx, xxxxxxxx, xxxxxxxxx, xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities now or hereafter constructed surrounding and/or servicing the Buildings and the Adjacent Building (if and when constructed)Building, including the existing parking structure constructed by or for Landlord within the Project and located adjacent to the Building and any other parking structures and surface parking and/or facilities now or hereafter constructed by or for Landlord within the Project and servicing the Buildings, the Adjacent Building (if and when constructed) and any other buildings which may be at a subsequently constructed within the Project (collectively, the "“Parking Faculties"Facilities”), which are designated from time to time by Landlord as common areas (or parking facilities, as the case may be) appurtenant to or servicing the Buildings, the Adjacent Building (if and when constructed) and any such other buildings; (iviii) any additional buildings, improvements, facilities, part parking areas and structures and common areas which Landlord (and/or any common area association formed by Landlord or Landlord's ’s assignee for the Project) may add thereto from time to time within or as part of the Project; provided, however, that no such additions shall materially and adversely interfere with Tenants permitted use of the Premises (as described in Article 5 below) or unreasonably interfere with Tenant's access to the Premises or the Building (including Tenant's access to the Parking Facilities); and (iv) the land upon which any of the foregoing are situated. The site plan depicting the centaur configuration of the Real Property and proposed Project is set forth in Exhibit A-1 attached hereto. Notwithstanding the foregoing or anything contained in this Lease to the contrary, (1) Landlord has no obligation to expand or otherwise make any improvements within the Project, inducingincluding, without limitation, the Adjacent Building, or any of the outside plaza gymxxxxx xxxxx, walkwaysxxxxxxxx, drivewaysxxxxxxxxx, courtyards,' xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities which may be depicted on Exhibit A-1 attached hereto (as the same may be modified by Landlord from time to time without notice to Tenant), other than Landlord's ’s obligations at (if any) specifically set forth in the Tenant Work Letter to construct the Base, Shell and Core of the Building, and the initial Tenant Improvements for the Premises pursuant to the provisions of the Tenant Work Letter, and (2) Landlord shall [***] Confidential portions of this document have been redacted and filed separately with the Commission. have the right from time to time to include or exclude any improvements or facilities within the Project, at Landlord's ’s sole election, as more particularly set forth in Section 1.1.3 below.
Appears in 1 contract
Samples: Office Lease (Xactly Corp)
Building and Real Property/Project. The Building is part of “Phase III” of a multi-building office building project ("Project") constructed currently owned by Landlord and other entities and known as “LNR Warner Center” and located on the Real Property approximately 35-acre site at the northeast corner of Canoga Avenue and Burbank Boulevard in Woodland Hills, California. Such office building project: (i) currently contains (A) the Building and the surface parking areas surrounding the Building (the “Building H Parking Facilities”); (B) a 5-level above-grade parking structure located northeast of the Building whose address is 0000 Xxxxxx Xxxxxx (the “Phase III Parking Structure”); (C) five (5) other existing office buildings located thereon (collectively, the “Other Existing Office Buildings”), whose addresses are 0000 Xxxxxx Xxxxxx, 00000 Xxxxxxx Xxxxxxxxx, 00000 Xxxxxxx Xxxxxxxxx, 00000 Xxxxxxx Xxxxxxxxx and 0000 Xxxxxx Xxxxxx, (D) a 4 level above-grade parking structure whose address is 0000 Xxxxxx Xxxxxxxxx (the “Phase I Parking Structure”); (D) a retail food court building whose address is 0000 Xxxxxx Xxxxxx (the “Food Court Building”); and (E) related surface parking areas, landscaping, driveways, plazas, walkways, courtyards, public and private streets and other improvements and facilities surrounding and/or appurtenant to the Other Existing Office Buildings and Food Court Building; and (ii) may be expanded, in Landlord’s sole and absolute discretion and/or the discretion of any other owners of LNR Warner Center, to include additional office and other buildings, parking structures, parking facilities, landscaping, driveways, plazas, walkways, courtyards, public and private streets and other improvements and facilities; provided, however, that no such expansions shall result in an Adverse Condition (as such term is defined in Section 1.1.4 below) known as [***] which also includes an additional office building bated adjacent to the Building at 00000 Xxxxxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx ("Building II"). Building I and Building II are sometimes collectively referred to herein as the "Buildings." The Project may contain an additional office building that may be constructed on the Real Property and located adjacent to the Buildings ("Adjacent Building"). The term "Real Property," as As used in this Lease, the terms “Real Property” and “Project”, shall mean, collectively, : (i1) the Buildings, Building; (ii2) the Adjacent Other Existing Office Buildings and Food Court Building (if and when constructedcollectively, the “Other Existing Buildings”), ; (iii3) any outside xxxxx xxxxx, xxxxxxxx, xxxxxxxxx, xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities now or hereafter constructed surrounding and/or servicing the Buildings Building and the Adjacent Building (if and when constructed)Other Existing Buildings, including parking structures and the Phase I Parking Structure, the Building H Parking Facilities, the Phase III Parking Structure, surface parking facilities and other parking structures now or hereafter servicing the BuildingsBuilding, the Adjacent Building (if and when constructed) Other Existing Buildings and any other buildings which may be at a constructed within the Project LNR Warner Center (collectively, the "“Parking Faculties"Facilities”), which are designated from time to time by Landlord (and/or any common area association formed by Landlord or Landlord’s assignee for LNR Warner Center) as common areas (or parking facilities, as the case may be) appurtenant to or servicing the BuildingsBuilding, the Adjacent Building (if and when constructed) Other Existing Buildings and any such other buildings; provided, however, that no such expansions shall result in an Adverse Condition; (iv4) any additional buildings, improvements, facilities, part parking areas and structures and common areas which Landlord and/or any other owners of LNR Warner Center (and/or any common area association formed by Landlord or Landlord's ’s assignee for the ProjectLNR Warner Center) may add thereto from time to time within or as part of the ProjectLNR Warner Center; provided, however, that no such additions shall materially and adversely interfere with Tenants permitted use of the Premises (as described result in Article 5 below) or unreasonably interfere with Tenant's access to the Premises or the Building (including Tenant's access to the Parking Facilities)an Adverse Condition; and (iv5) the land upon which any of the foregoing are situated. The site plan depicting the centaur current configuration of the Real Property and the remainder of proposed Project Phase III of LNR Warner Center (which site plan and the buildings, parking facilities, common areas and other improvements thereon may be revised by Landlord and/or any other owners of LNR Warner Center from time to time so long as such revisions will not result in an Adverse Condition) is set forth in Exhibit A-1 A-4 attached hereto. Notwithstanding the foregoing or anything contained in this Lease to the contrary, : (1x) Landlord has no obligation to expand or otherwise make any improvements within the Project, inducingincluding, without limitation, the Adjacent Building, or any of the landscaping, outside plaza gymxxxxx xxxxx, walkwaysxxxxxxxx, drivewaysxxxxxxxxx, courtyards,' xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities which may be depicted on Exhibit A-1 A-4 attached hereto (as the same may be modified by Landlord from time to time without notice to Tenant)hereto, other than Landlord's ’s obligations at set forth in the Tenant Work Letter to construct complete any items of the Base, Shell and Core of the Building, and the initial Tenant Improvements for the Premises pursuant to the provisions Building not completed as of the Tenant Work Letter, date of execution of this Lease; and (2y) Landlord and/or any other owners of LNR Warner Center shall [***] Confidential portions of this document have been redacted and filed separately with the Commission. have the right from time to time to include or exclude any improvements or facilities within the Project, at Landlord's such party’s sole electionelection provided such inclusions or exclusions will not result in an Adverse Condition. In addition, although LNR Warner Center, and the “Real Property” and “Project”, are currently defined above and elsewhere in this Lease to include real property and improvements (including the Building) owned by Landlord as more particularly set forth well as certain real property and improvements now or hereafter owned by other owners (including any common area association formed for LNR Warner Center which now or may hereafter own any common parking structures, surface parking areas and other common areas within LNR Warner Center), and the provisions of Article 4 below contemplate a procedure for cost-sharing and allocation of Operating Expenses, Tax Expenses and Utilities Costs with respect to the entire LNR Warner Center: (a) except as otherwise expressly contained elsewhere in this Lease, Landlord shall have no maintenance, repair, operation, management, leasing or other obligations or responsibilities, and is making no representations, warranties or with respect to any such real property and improvements not owned by Landlord or the costs incurred in connection therewith (and all references in this Lease to “Real Property” and “Project” shall exclude such portions of the real property and improvements not owned by Landlord for purposes of determining such obligations, responsibilities, representations, warranties and covenants, to the extent appropriate and consistent); provided, however, Landlord shall use commercially reasonable efforts to enforce its rights under the Underlying Documents (as defined in Section 1.1.3 5.1 below) to eliminate any Adverse Condition of which Landlord is aware and resulting from the failure by the common area association formed for the Underlying Documents to enforce the Underlying Documents in accordance with its terms and/or the violation of the Underlying Documents by such common area association and/or any other owner subject to the Underlying Documents; and (b) to the extent any such other owner of land and/or improvements in LNR Warner Center (other than any common area association formed for LNR Warner Center which now or may hereafter own any common parking structures, surface parking areas and other common areas within LNR Warner Center) incurs maintenance, repair, operation, management, employee and other costs which are attributable solely to such owner’s property and/or the improvements thereon (and not properly allocable to the Building or any other owner’s property as part of any shared common areas/facilities within or serving LNR Warner Center or otherwise), the same shall not be included in the general Operating Expenses, Tax Expenses and Utilities Costs payable by Landlord or such other owners.
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Building and Real Property/Project. The Building is part of a multi-that certain office building project ("“Project"”) constructed on the Real Property (as defined below) known as [***] which also includes an additional office building bated adjacent to the Building at 00000 Xxxxxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx ("Building II"). Building I and Building II are sometimes collectively referred to herein as the "Buildings." The Project may contain an additional office building that may be constructed on the Real Property and located adjacent to the Buildings ("Adjacent Building")“RiverPark Tower”. The term "“Real Property," ” as used in this Lease, shall mean, collectively, (i) the BuildingsBuilding, (ii) the Adjacent Building (if and when constructed), (iii) any outside xxxxx pxxxx xxxxx, xxxxxxxx, xxxxxxxxx, xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities now or hereafter constructed surrounding and/or servicing the Buildings and the Adjacent Building (if and when constructed)Building, including the existing parking structure constructed by or for Landlord within the Project and located adjacent to the Building and any other parking structures and surface parking and/or facilities now or hereafter constructed by or for Landlord within the Project and servicing the Buildings, the Adjacent Building (if and when constructed) and any other buildings which may be at a subsequently constructed within the Project (collectively, the "“Parking Faculties"Facilities”), which are designated from time to time by Landlord as common areas (or parking facilities, as the case may be) appurtenant to or servicing the Buildings, the Adjacent Building (if and when constructed) and any such other buildings; (iviii) any additional buildings, improvements, facilities, part parking areas and structures and common areas which Landlord (and/or any common area association formed by Landlord or Landlord's ’s assignee for the Project) may add thereto from time to time within or as part of the Project; provided, however, that no such additions shall materially and adversely interfere with Tenants permitted use of the Premises (as described in Article 5 below) or unreasonably interfere with Tenant's access to the Premises or the Building (including Tenant's access to the Parking Facilities); and (iv) the land upon which any of the foregoing are situated. The site plan depicting the centaur current configuration of the Real Property and proposed Project is set forth in Exhibit A-1 attached hereto. Notwithstanding the foregoing or anything contained in this Lease to the contrary, (1) Landlord has no obligation to expand or otherwise make any improvements within the Project, inducingincluding, without limitation, the Adjacent Building, or any of the outside plaza gympxxxx xxxxx, walkwaysxxxxxxxx, drivewaysxxxxxxxxx, courtyards,' xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities which may be depicted on Exhibit A-1 attached hereto (as the same may be modified by Landlord from time to time without notice to Tenant), other than Landlord's ’s obligations at (if any) specifically set forth in the Tenant Work Letter to construct the Base, Shell and Core of the Building, and the initial Tenant Improvements for the Premises pursuant to the provisions of the Tenant Work Letter, and (2) Landlord shall [***] Confidential portions of this document have been redacted and filed separately with the Commission. have the right from time to time to include or exclude any improvements or facilities within the Project, at Landlord's ’s sole election, as more particularly set forth in Section 1.1.3 below.
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Samples: Office Lease (PDF Solutions Inc)
Building and Real Property/Project. The Building is part of a multi-office building project ("Project") constructed on the Real Property (as defined below) parcels of land known as [***] which consists of three (3) separate parcels known as Lots 10, 11 and 12 of that certain Map of Sabre Springs Industrial Park, Unit Number 3, Map Number 11547 recorded in the Office of the County Recorder of San Diego County on June 19, 1986, and also includes an additional office building bated located adjacent to the Building at 00000 Xxxxxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx ("Building II"). Building I and Building II are sometimes collectively referred to herein as the "Buildings." The Buildings are located on Lots 11 and 12 of Legacy Sabre Springs (the "Existing Project Parcels"). The Project may contain an additional office building that may be constructed on the Real Property and located adjacent to the Buildings ("Adjacent Building"), parking structure and other improvements that may be constructed on Lot 10 of the Real Property (the "Adjacent Parcel") and located adjacent to the Existing Project Parcels; provided, however, that such Adjacent Parcel, together with such Adjacent Building, parking structure and other improvements that may be constructed thereon (collectively, the "Adjacent Parcel Improvements") shall only be included as a part of the Project if the size and specifications of the Adjacent Building are substantially comparable to the size and specifications of the Building and only so long as such Adjacent Building is utilized for general office use purposes or other uses substantially consistent with the uses in the Buildings (collectively, the "Project Inclusion Conditions"); provided further, however, that landlord and Tenant acknowledge and agree that the dimensions of the Adjacent Building may be different than the dimensions of the Building and that such difference, together with other changes in the dimensions of the Adjacent Building that may be desired by Landlord or are otherwise required by applicable Laws or any covenants, conditions or restrictions affecting the Roil Property shall not prohibit Landlord from including the Adjacent Parcel (and the Adjacent Parcel Improvements) in the Project so long as the size and specifications of the Adjacent Building arc substantially the same as the size and specifications of Building. The term "Real Property," as used in this Lease, shall mean, collectively, (i) the Buildings, (ii) the Adjacent Building (if and when constructedconstructed and only if included as part of the Project based on the Project Inclusion Restrictions), (iii) any outside xxxxx xxxxx, xxxxxxxx, xxxxxxxxx, xxxxxxxxxx, public and private streets, transportation facilitation areas and other improvements and facilities now or hereafter constructed surrounding and/or servicing the Buildings and the Adjacent Building (if and when constructedconstructed and only if included as part of the Project based on the Project Inclusion Restrictions), including parking structures and surface parking facilities now or hereafter servicing the Buildings, Buildings and the Adjacent Building (if and when constructed) constructed and any other buildings which may be at a within only if included as part of [***] Confidential portions of this document have been redacted and filed separately with the Commission. the Project based on the Project Inclusion Restrictions) (collectively, the "Parking FacultiesFacilities"), which are arc designated from time to time by Landlord as common areas (or parking facilities, as the case may be) appurtenant to or servicing the Buildings, Buildings and the Adjacent Building (if and when constructed) constructed and any such other buildingsonly if included as part of the Project based on the Project Inclusion Restrictions); (iv) any additional buildings, improvements, facilities, part parking areas and structures and common areas which Landlord (and/or any common area association formed by Landlord or Landlord's assignee for of the Project) may add thereto from time to time within or as part of the Project; provided, however, that no such additions Additions shall materially and or adversely interfere with Tenants permitted Tenant's use of the Premises (as described in Article 5 below) or unreasonably interfere with Tenant's access to and use of the Premises or the Building (including Tenant's access to the Parking Panting Facilities); and (iv) the land upon which any of the foregoing are situated. The site plan depicting the centaur current configuration of the Real Property and proposed Project (inclusive of the Adjacent Parcel but not depicting the Adjacent Parcel Improvements) is set forth in Exhibit A-1 attached hereto. In no event shall the costs of the initial development of the Real Property be included in Building Operating Expenses or Project Operating Expenses. Notwithstanding the foregoing or anything contained in this Lease to the contrary, (1) Landlord has no obligation to expand or otherwise make any improvements within the Project, inducingincluding, without limitation, the Adjacent BuildingBuilding (or any other Adjacent Parcel Improvements), or any of the outside plaza gymxxxxx xxxxx, walkwaysxxxxxxxx, drivewaysxxxxxxxxx, courtyards,' xxxxxxxxxx. public and private streets, transportation facilitation areas and other improvements and facilities which may be depicted on Exhibit A-1 attached hereto (as the same may be modified by Landlord from time to time without notice to Tenant), other than Landlord's obligations at forth in the Tenant Work Letter to construct the Base, Shell and Core of the Building, and the initial Tenant Improvements for the Premises pursuant to the provisions of the Tenant Work Letter, and (2) Landlord shall [***] Confidential portions of this document have been redacted and filed separately with the Commission. have the right from time to time to include or exclude any improvements or facilities within the Project, at Landlord's sole election, as more particularly set forth in Section 1.1.3 below (subject, however, to the restrictions set forth above regarding the Adjacent Parcel Improvements); provided, however, that no such inclusions and/or exclusions shall materially or adversely interfere with Tenant's use of the Premises or unreasonably interfere with Tenant's access to the Premises or-the Building (including Tenant's use of and seem to the Parking Facilities). Subject to (i) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (ii) Force Majeure events, (iii) Landlord's commercially reasonable security requirements, and (iv) the requirements of applicable Laws (as defined in Section 5.1 below), Tenant shall have access to the Premises and the Parking Facilities twenty-four (24) hours per day, seven (7) days per week throughout the Lease Term.
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