Common use of Demise of Premises Clause in Contracts

Demise of Premises. In consideration of the rents and covenants herein stipulated to be paid and performed and upon the terms and conditions hereinafter specified, Landlord hereby demises and lets to Tenant, and Tenant hereby leases from Landlord, for the respective terms hereinafter described, the Premises as described in Article I hereof, which Premises include the appurtenances described below and in Section 26.10 hereof. The Premises shall be leased in "as is" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, on behalf of Landlord to Tenant, except as otherwise expressly set forth herein. Tenant shall have, as appurtenant to the Building, the right to use in common with others entitled thereto, subject to reasonable rules and regulations of general applicability to tenants and owners of other lots in Xxxxxxxxx Farm-Westford Technology Park (the "Office Park" or the "Park") from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: all common areas (the "Common Areas") shown on the Plan of Common Easements of the Office Park attached as part of Exhibit "A", including, without limitation, a right to access to the Premises at all times, use of all service areas, use of all utility lines including those for electricity, gas, water and sewage disposal, use of all facilities for drainage of surface water runoff, including storm drainage systems and detention areas, use of all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas designated as common or visitors parking areas for use of the entire Office Park, if any, including, without limitation, all rights appurtenant to the Lot and the Building created in the deed (attached as Exhibit D) to Landlord. In addition, the Tenant shall have, as appurtenant to the Premises, (i) the exclusive right and easement with respect to the Lot to use all improvements thereon including, without limitation, all parking areas, loading areas, service areas and the like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, and the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage of surface water runoff; all of the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park from time to time made by Landlord according to Section 12.8 of this Lease.

Appears in 1 contract

Samples: Attornment Agreement (Netscout Systems Inc)

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Demise of Premises. In consideration of the rents and covenants herein stipulated ‌ Subject to be paid and performed and upon the terms and conditions hereinafter specifiedset forth in this Agreement, Landlord District hereby demises and lets leases to TenantLessee and Lessee hereby lease from District, that certain land, and Tenant hereby leases from Landlordany buildings, for structures, fixtures, fences, utility installations, parking facilities, landscaping and irrigation systems currently existing or hereafter located thereon at the respective terms hereinafter describedGreenville-Spartanburg International Airport, as more particularly described on Exhibit “A” hereto (“Premises”). If required by District, Lessee shall cause a survey of the Premises to be undertaken at Lessee's expense (“Survey”). Based upon the Survey a clarified legal description will be prepared by Lessor and attached as described in Article I hereofExhibit “A-1” to this Agreement and the size of the Premises and annual rent will be adjusted if necessary. Lessee hereby Agreements the Premises subject to, which and Lessee hereby agrees to comply with: (i) all applicable building codes, zoning regulations, and municipal, county, state and federal laws, ordinances and regulations governing or regulating the Premises include or its uses, (ii) all covenants, easements and restrictions of record, (iii) “Rules, Regulations, and Minimum Standards Covering Airports Owned or Controlled by the appurtenances described below and in Section 26.10 hereof. The Premises shall be leased in "as is" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, on behalf of Landlord to Tenant, except as otherwise expressly set forth herein. Tenant shall haveGreenville- Spartanburg Airport District“, as appurtenant to the Building, the right to use in common with others entitled thereto, subject to reasonable rules and regulations of general applicability to tenants and owners of other lots in Xxxxxxxxx Farm-Westford Technology Park (the "Office Park" or the "Park") same may be amended from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: all common areas (the "Common Areas") shown on the Plan of Common Easements of the Office Park attached as part of Exhibit "A"“Minimum Standards”), including, without limitation, a right to access to the Premises at all times, use of all service areas, use of all utility lines including those for electricity, gas, water and sewage disposal, use of all facilities for drainage of surface water runoff, including storm drainage systems and detention areas, use of all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas designated as common or visitors parking areas for use of the entire Office Park, if any, including, without limitation, all rights appurtenant to the Lot and the Building created in the deed (attached as Exhibit D) to Landlord. In addition, the Tenant shall have, as appurtenant to the Premises, (i) the exclusive right and easement with respect to the Lot to use all improvements thereon including, without limitation, all parking areas, loading areas, service areas and the like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, and the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right Greenville-Spartanburg Airport District Master Plan dated March 2020, as the same may be modified hereafter (the “Master Plan”), (v) the Greenville- Xxxxxxxxxxx Xxxxxxx Xxxxxxxx Xxxx Use Planning and easement with respect to Development Plan dated November 2012, as the Lot to use all facilities for drainage of surface water runoff; all of same may be modified hereafter (the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants“Land Use Plan”), and owners of lots (vi) and the to be adopted Xxxxxxxxxx-Xxxxxxxxxxx Xxxxxxx Xxxxxxxx Design and Development Standards, as the same may be modified hereafter (the “Design and Development Standards”). All Exhibits referred to anywhere herein are deemed incorporated herein in the Office Park from time to time made by Landlord according to Section 12.8 of this Leasetheir entirety.

Appears in 1 contract

Samples: Lease Agreement

Demise of Premises. In consideration of Lessor hereby leases to Lessee and -------------------------------- Lessee leases from Lessor for the rents and covenants herein stipulated to be paid and performed term, at the rental, and upon all of the terms and conditions hereinafter specified, Landlord hereby demises and lets to Tenant, and Tenant hereby leases from Landlord, for the respective terms hereinafter described, the Premises as described in Article I hereof, which Premises include the appurtenances described below and in Section 26.10 hereof. The Premises shall be leased in "as is" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, on behalf of Landlord to Tenant, except as otherwise expressly set forth herein. Tenant shall have, Premises consisting of one building ("Building") of ten free standing, office and research and development buildings ("Buildings") to be constructed by Lessor on real property situated in Redwood City, County of San Mateo, State of California and commonly known as appurtenant to Pacific Shores Center which Lessor is in the Building, the right to use in common with others entitled thereto, subject to reasonable rules and regulations process of general applicability to tenants and owners of other lots in Xxxxxxxxx Farm-Westford Technology Park acquiring (the "Office ParkProperty"). The Building will be five stories tall and will consist of approximately two hundred seventy-nine thousand five hundred eighty-four (279,584) rentable square feet, as more particularly described and depicted herein in Exhibit "A." or The actual rentable square footage of the "Park") from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: all common areas Building (the "Common AreasRentable Area") shown will be determined and certified by Lessor's architect by a method described as "dripline," whereby the measurement encompasses the outermost perimeter of the constructed building, including every projection thereof and all area beneath each such projection, whether or not enclosed, with no deduction for any inward deviation of structure and with the measurement being made floor by floor, beginning from the top of the Building provided that, Lessee shall have the right, to be exercised prior to Commencement Date, to measure the "as-built" Building to confirm that the aforesaid dripline methodology was accurately utilized by Lessor's architect. The Buildings and appurtenances described herein, the Property, and all other improvements to be built on the Plan of Common Easements of the Office Park attached as part of Exhibit "A", including, without limitation, a right to access to the Premises at all times, use of all service areas, use of all utility lines including those for electricity, gas, water and sewage disposal, use of all facilities for drainage of surface water runoff, including storm drainage systems and detention areas, use of all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas Property are together designated as common or visitors parking areas for use of the entire Office Park"Project." The Building leased hereunder is commonly known as Building 9 - Pacific Shores Center, if anyRedwood City, including, without limitation, all rights appurtenant to California and its appurtenances described herein are herein designated as the Lot and the Building created in the deed (attached as Exhibit D) to Landlord. In addition, the Tenant shall have, as appurtenant to the "Premises, (i) the exclusive right and easement with respect to the Lot to use all improvements thereon including, without limitation, all parking areas, loading areas, service areas and the like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, and the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage of surface water runoff; all of the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park from time to time made by Landlord according to Section 12.8 of this Lease."

Appears in 1 contract

Samples: Agreement (Phone Com Inc)

Demise of Premises. In consideration of CONSTRUCTION BY LESSOR. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, for the rents and covenants herein stipulated to be paid and performed rental term and upon the terms covenants and conditions hereinafter specified, Landlord hereby demises and lets to Tenant, and Tenant hereby leases from Landlord, for the respective terms hereinafter describedherein stated, the Premises as described in Article I hereoffollowing premises, which Premises include consisting of a building (the appurtenances described below "Building") to be designed and in Section 26.10 hereof. The Premises shall be leased in "as is" condition and specifically and expressly without any warranties, representations constructed by or guarantees, either express or implied, on behalf of Landlord Lessor in accordance with the final plans and specifications attached hereto as Schedule A and made a part hereof (the "Plans and Specifications") on land in the Town of Kirkwood, County of Broome, New York adjacent to TenantRoute 11 and more particularly descrixxx xn Schedule B attached hereto and made a part hereof, except together with the right to use the main access road and private road to the main highway as otherwise expressly depicted on the Site Plan as hereinafter defined, to be used in common with other property (said land, building and appurtenances known as the "Premises"). Lessor shall be responsible for and shall construct to completion all elements of the Building and site improvements as set forth in the Plans and Specifications and shall include, whether or not set forth on the Plans and Specifications recycled asphalt access drive, truck loading and parking areas, automobile parking sufficient for fifty (50) cars, curbing and bumpers, lot striping, sidewalks to entrances, storm drainage facilities as required and a rail siding (which siding may extend to serve and be used in common with other property), all truck ramp doors shall be at least 18 feet wide and 16 feet high, an indoor utility sink, garage doors allowing sufficient height clearance for fork lift use to, on and under the door areas and curbing on each side of the ramps from ground level to warehouse floor level, the two rail access doors shall be evenly spaced across the Building and the first and second floor plans shall be reversed. Lessee shall make available to Lessor, and shall deliver to the Premises within forty-five (45) days of receipt of Lessor's written request, the items set forth on Schedule B-1 attached hereto and made a part hereof; provided, however, if Lessee is unable to make all or any part of such items available within said forty-five (45) day period, due to circumstances beyond Lessee's control, Lessee shall have an additional thirty (30) days to make such items available, at which time, if such items are not available, Lessor shall purchase such items at the lowest price reasonably available and submit an invoice to Lessee for such items which Lessee shall pay within thirty (30) days of receipt. All construction work shall be performed and completed in a good and workmanlike manner, in accordance with all rules and regulations of insurance carriers and governmental authorities having jurisdiction over the Premises. Lessor at its expense shall obtain any building permits, occupancy permits or certificates necessary for the lawful construction and occupancy of the Premises by Lessee for the purposes set forth herein. Tenant Lessor shall haveenforce for the benefit of Lessee any and all warranties obtained from Lessor's general contractor, as appurtenant to the Building, the right to use in common with others entitled thereto, subject to reasonable rules and regulations of general applicability to tenants and owners of other lots in Xxxxxxxxx Farm-Westford Technology Park (the "Office Park" or the "Park") from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: all common areas (the "Common Areas") shown on the Plan of Common Easements of the Office Park attached as part of Exhibit "A"any subcontractor or supplier, including, without limitation, a right to access to American Buildings Company. Further, Lessor shall obtain, at Lessor's cost all warranties available for the Premises structure supplied by American Buildings Company except the "weatherproofing" warranty which shall be obtained only at all times, use of all service areas, use of all utility lines including those for electricity, gas, water Lessee's cost and sewage disposal, use of all facilities for drainage of surface water runoff, including storm drainage systems and detention areas, use of all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas designated as common or visitors parking areas for use of the entire Office Park, if any, including, without limitation, all rights appurtenant to the Lot and the Building created in the deed (attached as Exhibit D) to Landlord. In addition, the Tenant shall have, as appurtenant to the Premises, (i) the exclusive right and easement with respect to the Lot to use all improvements thereon including, without limitation, all parking areas, loading areas, service areas and the like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, and the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage of surface water runoff; all of the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park from time to time made by Landlord according to Section 12.8 of this Leaseupon Lessee's written request.

Appears in 1 contract

Samples: Lease Agreement (Morgan Products LTD)

Demise of Premises. In consideration Landlord's Representations; Parking Areas. 2.1 Subject to the terms of this Lease, Landlord leases to Tenant and Tenant leases from Landlord the Premises and grants to Tenant, so long as this Lease remains in effect, the nonexclusive right to use the Common Areas for their intended purposes in common with all others entitled to use them. Tenant shall be entitled to use the Common Areas in the same manner and fashion as other tenants of the rents and covenants herein stipulated Building on a non-discriminatory basis. Subject to be paid and performed and upon the terms and conditions hereinafter specifiedof this Lease, Landlord hereby demises Tenant and lets the Tenant Parties shall be entitled to Tenantuse, on a non-exclusive first-come first-served basis, thirty-seven (37) automobile parking spaces located on the Property; provided, however, that in no event shall Tenant and the Tenant hereby leases from Landlord, for Parties be entitled to use in excess of such number of parking spaces. All truck parking by Tenant and the respective terms hereinafter described, Tenant Parties shall be located in the truck court against the Premises as described in Article I hereofor at Tenant's dock positions. Neither Tenant nor the Tenant Parties shall with their vehicles block parking areas or hinder normal traffic flow within the Property. Violation of this Section 2.1 by Tenant or the Tenant Parties shall constitute a default under Section 18.1 of this Lease, which Premises include the appurtenances described below subject to all applicable notice and in Section 26.10 hereofcure periods contained therein. The Premises shall be leased in "as is" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, on behalf of Landlord to Tenant, except as otherwise expressly set forth herein. Tenant shall have, as appurtenant to the Building, reserves the right to use in common with others entitled thereto, subject to reasonable rules control the method and regulations manner of general applicability to tenants and owners of other lots in Xxxxxxxxx Farm-Westford Technology Park parking (the "Office Park" or the "Park") from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: all common areas (the "Common Areas") shown on the Plan of Common Easements of the Office Park attached as part of Exhibit "A", including, without limitation, a the right to access prohibit or limit the use of specific parking spaces or areas); Landlord shall be responsible for enforcing Tenant's rights hereunder. Landlord reserves the right, at any time and from time to time. without the consent of or liability to Tenant to (i) make alterations or additions to the Property and the Common Areas, (ii) close to the general public all or any portion of the Premises or the Property to the extent and for the period necessary to avoid any dedication to the public, and (iii) change the arrangement, character, use or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, landscaping, toilets, mechanical, plumbing, electrical or other operating systems or any other portions of the Common Areas or other parts of the Premises or the Property provided such alterations or additions do not materially and adversely affect the use of the Common Areas by Tenant. 2.2 Landlord hereby represents and warrants that, to Landlord's actual knowledge as of the date hereof, (i) Landlord is the fee simple title owner of the Premises, (ii) Landlord is a duly formed limited liability company organized and in good standing under the laws of the State of Delaware, (iii) Landlord is authorized to conduct business in the State of New Jersey, (iv) Landlord has full power and authority to enter into this Lease, and (v) this Lease is a binding and valid obligation of Landlord, subject to and enforceable in accordance with its terms. 2.3 Landlord hereby represents and warrants that, to Landlord's actual knowledge as of the date hereof, and except as otherwise disclosed in that certain Preliminary Assessment/Phase I Environmental Site Assessment Report dated July 23, 2012 prepared by TRC Environmental Corporation ( the "Report"), Landlord has received no written notification from any governmental authority having jurisdiction over the Property notifying Landlord that the Property is not in compliance with Environmental Statutes (as hereinafter defined) that remains uncured. Landlord, to Landlord's actual knowledge as of the date hereof, further represents and acknowledges that no disclosure in the Report, except AOC S (Historic Fill Material) is applicable to the Premises and that Tenant is not an any way responsible at all timesany time to investigate, use of all service areasremediate, use of all utility lines including those or submit any Environmental Clearance for electricity, gas, water and sewage disposal, use of all facilities for drainage of surface water runoffany matter disclosed in the Report, including storm drainage systems but not limited to AOC 7 ( disposal of unlabeled steel drums). and detention areasspill file 94-3-25-1259-55 (55 gallon diesel spill), use the responsibility for any investigation, remediation and procurement of all grades, driveways, sidewalks applicable Environmental Clearance or ISRA Clearance being the sole and footways, lighting systems and traffic flow patterns and, if any, all parking areas designated as common or visitors parking areas for use exclusive responsibility of the entire Office ParkLandlord. To Landlord's actual knowledge, if anyFxxxxx Xxxxxxx Group International and Lectorum Inc., including, without limitation, all rights appurtenant to the Lot and current tenants of the Building created in the deed (attached as Exhibit D) to Landlord. In addition, the Tenant shall have, as appurtenant leasing those certain premises adjacent to the Premises, (i) are not ISRA applicable. For purposes herein, the exclusive right phrase "Landlord's actual knowledge" shall mean, and easement with respect to be limited to, the Lot to use all improvements thereon includingactual current knowledge of Cxxxx Xxxxxxxx, without limitation, all parking areas, loading areas, service areas and the like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, and the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage of surface water runoff; all of the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park from time to time made by Landlord according to Section 12.8 of this Lease.~5- 1lS2810.vI4

Appears in 1 contract

Samples: Lease) Agreement (Value Line Inc)

Demise of Premises. In consideration of the rents and covenants herein stipulated Subject to be paid and performed and upon the terms and conditions hereinafter specifiedin this Lease, Landlord hereby demises and lets leases to Tenant, and Tenant hereby leases hires and takes from Landlord, for all of that certain two-story building (the respective terms hereinafter described“Building”) consisting of 64,000 square feet of rentable space (but without warranty as to square footage) located at 0000 Xxxxxx Xxxx, Xxx Xxxx, Xxxxxxxxxx, together with that portion of the Premises Land (as described in Article I hereofdefined below) on which the Building is located, which Premises include and any areas located on the appurtenances described below Land that are contiguous to the Building and in Section 26.10 hereof. The Premises shall be leased in "as is" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, on behalf of Landlord to Tenant, except as otherwise expressly set forth herein. Tenant shall have, as appurtenant that provide access to the Building, including the right to use in common front entranceway and any loading areas that exclusively serve the Building (collectively with others entitled theretothe Building, subject to reasonable rules and regulations of general applicability to tenants and owners of other lots in Xxxxxxxxx Farm-Westford Technology Park the “Premises”). The Building is depicted on the site plan (the “Site Plan”) attached as Exhibit A-1 to this Lease. The Site Plan depicts the office complex (the “Complex”), of which the Building forms a part, located on the land (the “Land”) that is legally described on Exhibit A-2 attached hereto. The parties hereby acknowledge that the purpose of Exhibit A-1 is to show the approximate location of the Premises in the Complex (as defined below) and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the Common Areas (as that term is defined in Paragraph 6), or the elements thereof or of the access ways to the Premises or the Complex. As used in this Lease, the term “Complex” or the “Property” means the Premises, a second building comprising 116,000 square feet of space (the “Other Building” and, together with the Building, the “Buildings”), surface parking areas (collectively, the "Office ParkParking Area" or “Parking Areas”), and certain other improvements on the "Park") Land that are or may be reasonably designated from time to time made by Landlord according as Common Areas appurtenant to Section 12.8 or servicing the Buildings, and all other improvements, fixtures and equipment now or hereafter situated on the Land. This Lease is made upon and subject to the terms, covenants and conditions hereinafter set forth, and Tenant covenants as a material part of the consideration for this Lease of which Tenant is given notice: all common areas (the "Common Areas") shown on the Plan of Common Easements of the Office Park attached as part of Exhibit "A", including, without limitation, a right to access to the Premises at all times, use of all service areas, use of all utility lines including those for electricity, gas, water perform and sewage disposal, use of all facilities for drainage of surface water runoff, including storm drainage systems observe each and detention areas, use of all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas designated as common or visitors parking areas for use of the entire Office Park, if any, including, without limitation, all rights appurtenant to the Lot and the Building created in the deed (attached as Exhibit D) to Landlord. In addition, the Tenant shall have, as appurtenant to the Premises, (i) the exclusive right and easement with respect to the Lot to use all improvements thereon including, without limitation, all parking areas, loading areas, service areas and the like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, and the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage of surface water runoff; all of the foregoing rights being subject to reasonable rules such terms, covenants and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park from time to time made by Landlord according to Section 12.8 of this Leaseconditions.

Appears in 1 contract

Samples: Lease (Neophotonics Corp)

Demise of Premises. In consideration of the rents and covenants herein stipulated to be paid and performed and upon the terms and conditions hereinafter specifiedspecified and subject to and with the benefit of the provisions of that certain ground lease dated May 11, 2000 and executed by and between Xxxxxx X. Xxxxxxx and Xxxxxxx X. Xxxxxxx, Trustees of Two Littleton Road Realty Trust, u/d/t dated January 30, 1997 and recorded with the Middlesex North Registry of Deeds in Book 8425, Page 143 and as Trustees of One Littleton Road Realty Trust, u/d/t dated December 30, 1991 and recorded with said deeds in Book 5768, Page 183, as "Landlord" and Landlord, as "Tenant", notice of which was recorded in said Deeds in Book 10832, Page 7 relating to the Lot (the "Ground Lease"), Landlord hereby demises and lets to Tenant, and Tenant hereby leases from Landlord, for the respective terms hereinafter described, the Premises as described in Article I hereof. Tenant shall have the right to expand the Premises, which Premises include the appurtenances described below and in Section 26.10 hereof. The Premises shall be leased in "as is" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, on behalf of Landlord to Tenant, except as otherwise expressly set forth hereinon Exhibit J attached hereto. Tenant shall have, as appurtenant to the BuildingPremises, the exclusive right to use the areas shown on the Plans attached hereto as Exhibit A as "Building Parking Area", including all loading docks and loading areas, service areas and the like located on the Lot, all subject to and as further provided in Section 26.10 and elsewhere in this Lease. Tenant shall have, as appurtenant to the Premises, the right to use in common with others entitled thereto, subject to reasonable rules and regulations of general applicability to tenants and owners of other lots in Xxxxxxxxx Farm-the Westford Technology Park West (the "Office Park" or the "Park") from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: (a) all common areas now or hereafter located at the Park, including without limitation, the Common Areas (the "Common Areas") shown on the Plan of Common Easements Areas of the Office Park attached as part of Exhibit "A", includingas such Common Areas may be amended or modified by Landlord from time to time during the Term hereof, without limitation, (b) a right to of access to the Premises and parking areas serving the Premises, at all times, use of all access, service areas, use of all utility lines including those for electricity, gas, water and sewage disposal, (c) use of all facilities for drainage of surface water runoff, including storm drainage systems and detention areas, (d) use of all means of access to and from the Building to the Common Areas, including without limitation, all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas designated as common or visitors parking areas for use of the entire Office Park, if any, including, without limitation, and (e) all rights appurtenant to the Lot and the Building created in the deed (attached hereto as Exhibit D) to Landlord. In addition, F. Landlord reserves the Tenant shall have, as appurtenant to the Premises, (i) the exclusive right and easement with respect to the Lot to use all improvements thereon including, without limitation, all parking areas, loading areas, service areas and the like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, and the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage of surface water runoff; all of the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park from time to time made by without unreasonable interference with Tenant's use, but subject to Tenant's prior written consent (which shall not be unreasonably withheld, conditioned or delayed) to alter or relocate any other common facility, including without limitation, lot lines and parking areas, provided that substitutions are substantially equivalent or better and provided that Landlord according to Section 12.8 does not materially and adversely affect any of this LeaseTenant's rights hereunder.

Appears in 1 contract

Samples: Lease and Termination Agreement (Netscout Systems Inc)

Demise of Premises. In consideration of Landlord hereby leases to Tenant and Tenant leases from Landlord for the rents and covenants herein stipulated to be paid and performed Lease Term, at the rental, and upon all of the terms and conditions hereinafter specifiedset forth herein, Landlord hereby demises and lets to Tenant, and Tenant hereby leases from Landlord, for the respective terms hereinafter described, the Premises as certain premises described in Article I hereofthe Summary (“Premises”), which Premises include comprise a portion of that certain building described in the appurtenances described below Summary (the “Building”) which is one of six (6) current, (but seven (7) planned) free standing, office and research and development project buildings (“Project Buildings”) on real property situated in Section 26.10 hereofthe City of Sunnyvale, County of Santa Xxxxx, State of California and commonly known as Xxxxxxx Towers. The Premises shall be leased are more particularly described and depicted herein in "as is" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, on behalf of Landlord to Tenant, except as otherwise expressly set forth herein. Tenant shall have, as appurtenant Exhibit ”A.” Subject to the Buildingterms and conditions of this Lease, Landlord reserves the right to access and use the restrooms and janitor, telephone and electrical closets (as well as the space above any dropped ceilings) solely for cabling, wiring, pipes and other Building system elements; provided, however, such reservation shall not reduce the size of the Premises or otherwise materially interfere with Tenant’s use and enjoyment of the Premises and, provided, further, that notwithstanding anything to the contrary contained in common with others entitled theretothis Lease, Tenant shall not be responsible for repairing, maintaining, and replacing any cabling, wiring, pipes and other Building system elements located in such areas not installed therein by Tenant, except, subject to reasonable rules Section 7.06 hereof, to the extent damaged or destroyed by the actions of Tenant or any Tenant Parties. The rentable square footage of the Premises, Building and regulations of general applicability to tenants and owners of other lots in Xxxxxxxxx Farm-Westford Technology Park Project Buildings (the "Office Park" or “Rentable Area”) has been determined and certified by Landlord’s architect by a method described as “dripline,” whereby the "Park") from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: all common areas (measurement encompasses the "Common Areas") shown on the Plan of Common Easements outermost perimeter of the Office Park attached as part constructed building, including every projection thereof and all area beneath each such projection, whether or not enclosed, with no deduction for any inward deviation of Exhibit "A"structure and with the measurement being made floor by floor, includingbut beginning from the top of the building. Subject to Landlord’s reasonable security measures, without limitationApplicable Laws, a right to emergencies and Force Majeure events, Landlord acknowledges and agrees that Tenant, its employees, agents, and invitees shall have access to the Premises at all times, use of all service areas, use of all utility lines including those for electricity, gas, water and sewage disposal, use of all facilities for drainage of surface water runoff, including storm drainage systems and detention areas, use of all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas designated as common or visitors parking areas for use of the entire Office Park, if any, including, without limitation, all rights appurtenant to the Lot and the Building created in the deed twenty-four (attached as Exhibit D24) to Landlord. In additionhours a day, the Tenant shall have, as appurtenant to the Premises, seven (i7) the exclusive right and easement with respect to the Lot to use all improvements thereon including, without limitation, all parking areas, loading areas, service areas and the like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, and the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage of surface water runoff; all of the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park from time to time made by Landlord according to Section 12.8 of this Leasedays a week.

Appears in 1 contract

Samples: Triple Net Space Lease (Rambus Inc)

Demise of Premises. In consideration of the rents and covenants herein stipulated Subject to be paid and performed and upon the terms and conditions hereinafter specifiedset forth in this Lease, Landlord Authority hereby demises and lets leases to TenantLessee, and Tenant Lessee hereby leases from LandlordAuthority, a parcel of real property containing approximately 871,200 square feet located at the Airport (the “FBO Premises Land”), together with any buildings, structures, fixtures, fences, utility installations, parking facilities, landscaping and irrigation systems currently existing or hereafter located thereon (the “FBO Premises Improvements”), all as depicted on Exhibit “A” attached hereto and incorporated herein by reference (the FBO Premises Land and the FBO Premises Improvements are collectively referred to herein as the “FBO Premises” or “Premises”). Within one hundred twenty (120) calendar days following the Effective Date of this Lease, Lessee shall, at Lessee’s sole cost and expense, obtain and deliver to Aviation Authority, a survey and final legal description of the FBO Premises Land (the “Survey”) for Aviation Authority’s review and approval, which shall not be unreasonably withheld. The Survey shall be prepared by a surveyor licensed by the State of Florida and in accordance with the Florida Administrative Code and shall set forth a legal description and the total square footage of FBO Premises Land for the respective terms hereinafter describedpurpose of determining the exact boundaries of the FBO Premises Land. Upon approval of the Survey by the Aviation Authority, the acreage and square feet for the FBO Premises as described in Article I hereofLand, which Premises include the appurtenances described below and in Section 26.10 hereof. The Premises set forth herein shall be leased in "as is" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, on behalf of Landlord revised to Tenant, except as otherwise expressly set forth herein. Tenant shall have, as appurtenant conform to the Building, the right to use in common with others entitled thereto, subject to reasonable rules Survey and regulations of general applicability to tenants and owners of other lots in Xxxxxxxxx Farm-Westford Technology Park (the "Office Park" or the "Park") from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: all common areas (the "Common Areas") shown on the Plan of Common Easements of the Office Park attached shall be incorporated herein as part of the Revised Exhibit "A", including, ,” without limitation, a right to access to the Premises at all times, use further need for amendment. The above procedure may be repeated during each phase of all service areas, use of all utility lines including those for electricity, gas, water and sewage disposal, use of all facilities for drainage of surface water runoff, including storm drainage systems and detention areas, use of all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas designated development as common or visitors parking areas for use of the entire Office Park, if any, including, without limitation, all rights appurtenant to the Lot and the Building created in the deed (attached as Exhibit D) to Landlordneeded. In addition, no event shall the Tenant FBO Premises Land be less than 871,200 square feet. The Minimum Annual Rent calculation shall have, as appurtenant to be adjusted based upon the Premises, (i) the exclusive right Survey acreage and easement with respect to the Lot to use all improvements thereon including, without limitation, all parking areas, loading areas, service areas and the like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, and the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage of surface water runoff; all of the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park from time to time made by Landlord according to Section 12.8 of this Leasesquare feet.

Appears in 1 contract

Samples: Lease Agreement (Sky Harbour Group Corp)

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Demise of Premises. In consideration of the rents and covenants herein stipulated to be paid and performed and upon the terms and conditions hereinafter specified, Landlord hereby demises and lets leases to Tenant, Tenant and Tenant hereby takes and leases from Landlord, Landlord for the respective terms term and upon the provisions hereinafter describedspecified the following described property (collectively, the Premises “Leased Premises”): (i) that portion of the lot or parcel of land described on Exhibit A attached hereto (and depicted on the Preliminary Site Plan attached hereto as described in Article I hereofExhibit A-1) that is contained within the building footprint of the Hospital and the Parking Structure, which Premises include together with the easements, rights, and appurtenances described below and in Section 26.10 hereof. The Premises shall be leased in "as is" condition and specifically and expressly without any warrantiesthereunto belonging or appertaining (“Land”), representations or guarantees, either express or implied, on behalf of Landlord to Tenant, except as otherwise expressly set forth herein. Tenant shall have, as appurtenant to (ii) the Building, structures, and other improvements now located or hereafter constructed on the Land (collectively, the “Improvements”); and (iii) the machinery and equipment which is attached to the Improvements in such a manner as to become fixtures under applicable Law, together with all additions and accessions thereto, substitutions therefor and replacements thereof permitted by this Lease (collectively, the “Equipment”), excepting therefrom the Trade Fixtures. The Land is located on a larger tract of land (the “Master Tract”), consisting of approximately thirty (30) acres as depicted on Exhibit A-1. The Master Tract has been or will be subjected to a Reciprocal Easement Agreement for Forest Park Medical Center at Southlake. Such Reciprocal Easement Agreement (as the same may be amended from time to time) together with any other agreement or document of record creating easements and other rights in favor of the owners of the Master Tract and others now or in the future affecting the Leased Premises (provided such future agreements are consented to in writing by Tenant) are herein referred to collectively as the “REA”. So long as Tenant is entitled to possession of the Leased Premises, but subject to the provisions of this Lease and the REA, Tenant shall be entitled to the following as appurtenances to the Leased Premises: the right to use in common with others entitled thereto, subject to reasonable rules Landlord and regulations of general applicability to other tenants and owners or occupants of other lots in Xxxxxxxxx Farm-Westford Technology Park (buildings located on the "Office Park" or the "Park") Master Tract, their invitees and guests, and others as designated by Landlord from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: all common areas (i) the "Common Areas"surface parking lots (other than the Parking Structure) shown constructed on the Plan of Common Easements of the Office Park attached as part of Exhibit "A", including, without limitation, a right to access to the Premises at Master Tract and (ii) all times, use of all service areas, use of all utility lines including those for electricity, gas, water and sewage disposal, use of all facilities for drainage of surface water runoff, including storm drainage systems and detention areas, use of all gradeslobbies, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas designated as common or visitors parking areas for use of the entire Office Park, if any, including, without limitation, all rights appurtenant to the Lot and the Building created in the deed (attached as Exhibit D) to Landlord. In addition, the Tenant shall have, as appurtenant to the Premises, (i) the exclusive right and easement with respect to the Lot to use all improvements thereon including, without limitation, all parking areas, loading areas, service other areas and facilities on the likeLand, (ii) the common right and easement with respect to the Lot to use all means of access to and from in the Building and to the Common Areas, including, without limitation, all sidewalks, and the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage of surface water runoff; all other portions of the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park Master Tract from time to time made intended for the common use of Tenant and other tenants or occupants of other buildings located on the Master Tract as determined by Landlord according to Section 12.8 and the owners of this Lease.such buildings. Lease Agreement for Forest Park Medical Center at Southlake

Appears in 1 contract

Samples: Lease Agreement (Griffin-American Healthcare REIT III, Inc.)

Demise of Premises. In consideration of Lessor hereby leases to Lessee and --------------------------------- Lessee leases from Lessor for the rents and covenants herein stipulated to be paid and performed term, at the rental, and upon all of the terms and conditions hereinafter specified, Landlord hereby demises and lets to Tenant, and Tenant hereby leases from Landlord, for the respective terms hereinafter described, the Premises as described in Article I hereof, which Premises include the appurtenances described below and in Section 26.10 hereof. The Premises shall be leased in "as is" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, on behalf of Landlord to Tenant, except as otherwise expressly set forth herein. Tenant shall have, Premises consisting of four free standing, four story office and research and development buildings (shown as appurtenant Buildings "One," "Two," "Three," and "Four" on Exhibit "A" hereto) and one ancillary building to be used for such service and/or food purposes such as fitness spa, a day care, dry cleaners and cafeteria for the Building, the right to use in common with others entitled thereto, benefit of Lessee's employees as determined by Lessee but subject to reasonable rules Lessor's consent which shall not be unreasonably withheld and regulations subject to Lessor determining that it can obtain all City permit and approval requirements pertaining to same ("Amenity Building") (collectively "Buildings") to be constructed by Lessor on real property situated in the City of general applicability to tenants Sunnyvale, County of Santa Xxxxx, State of California and owners of other lots in Xxxxxxxxx Farm-Westford Technology Park commonly known as 0000 Xxxxxxxx Xxxxxx Xxx, Sunnyvale, California (the "Office ParkProperty"). Each office and research and development Building will consist of approximately one hundred seventy five thousand (175,000) rentable square feet and the Amenity Building of approximately fifteen thousand (15,000) rentable square feet, as more particularly described and depicted herein in Exhibit "A" or for a total of seven hundred fifteen thousand (715,000) rentable square feet. The actual rentable square footage of the "Park") from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: all common areas Buildings (the "Common AreasRentable Area") shown will be determined and certified by Lessor's architect by a method described as "dripline," whereby the measurement encompasses the outermost perimeter of each constructed building, including every projection thereof and all area beneath each such projection, whether or not enclosed, with no deduction for any inward deviation of structure and with the measurement being made floor by floor, beginning from the top of the Building. The Buildings, including the Amenity Building, and appurtenances described herein, the Property, and all other improvements to be built on the Plan of Common Easements Property including a parking structure are together designated as the "Project." Each Building for which the Delivery Date as provided in Section 3.01(b) (or any earlier deemed Delivery Date as provided in Section 4.01) has occurred, and those portions of the Office Park attached Project (other than the Buildings) as part of Exhibit "A", including, without limitation, a right to access which possession has been tendered to the Premises at all times, use Lessee following substantial completion of all service areasimprovements to be constructed thereon by Lessor, use of all utility lines including those for electricity, gas, water and sewage disposal, use of all facilities for drainage of surface water runoff, including storm drainage systems and detention areas, use of all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas designated shall collectively be referred to herein as common or visitors parking areas for use of the entire Office Park, if any, including, without limitation, all rights appurtenant to the Lot and the Building created in the deed (attached as Exhibit D) to Landlord. In addition, the Tenant shall have, as appurtenant to the "Premises, (i) the exclusive right and easement with respect to the Lot to use all improvements thereon including, without limitation, all parking areas, loading areas, service areas and the like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, and the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage of surface water runoff; all of the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park from time to time made by Landlord according to Section 12.8 of this Lease."

Appears in 1 contract

Samples: Lease (Interwoven Inc)

Demise of Premises. In consideration of the rents and covenants herein stipulated Subject to be paid and performed and upon all the terms and conditions hereinafter specifiedof this ------------------ Sublease, including without limitation, the condition precedent that Landlord hereby demises shall timely consent to this Sublease in accordance with the requirements of the Lease and lets to TenantSection 28 hereof, and Tenant Sublessor hereby leases to Sublessee and Sublessee hereby hires from Landlord, Sublessor the Sublease Premises for the respective terms hereinafter describedSublease Term. Should Landlord not consent to this Sublease in accordance with the requirements of the Lease and Section 28 hereof by the Sublease Commencement Date, this Sublease shall be null and void. Sublessee covenants and agrees to accept possession of the Sublease Premises on the Sublease Commencement Date broom clean and otherwise in their present "as is" condition, it being understood and agreed that neither Landlord nor Sublessor shall have any duty to alter, remodel, improve, reconfigure or otherwise perform any work for the benefit of Sublessee in the Sublease Premises as described a condition to Sublessee's acceptance of the Sublease Premises. Sublessee further acknowledges that neither Landlord nor Sublessor has made any representation or provided any warranty to Sublessee regarding the condition of the Building or the Sublease Premises or their suitability for Sublessee's intended use, not expressly set forth in Article I hereofthis Sublease or otherwise expressly incorporated herein by reference to the Lease, which that Sublessee is accepting the Sublease Premises include the appurtenances described below and in Section 26.10 hereof. The Premises shall be leased in its "as is" condition and specifically that Sublessee is relying solely on Sublessee's own inspections and expressly without evaluations in making any warrantiessuch determinations and entering into this Sublease. Notwithstanding the foregoing, representations or guaranteesSublessee may provide written notice to Sublessor of any repairs, either express or implied, on behalf of Landlord to Tenant, except as otherwise expressly set forth herein. Tenant shall have, as appurtenant reasonably required to the Buildingfume hoods, the right to use in common with others entitled theretoHVAC, subject to reasonable rules electrical, plumbing, and regulations of general applicability to tenants and owners of other lots in Xxxxxxxxx Farm-Westford Technology Park (the "Office Park" or the "Park") from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: all common areas (the "Common Areas") shown on the Plan of Common Easements of the Office Park attached as part of Exhibit "A", including, without limitation, a right to access to the Premises at all times, use of all service areas, use of all utility lines including those for electricity, gas, water and sewage disposal, use of all facilities for drainage of surface water runoff, including storm drainage systems and detention areas, use of all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns andthe roof within 30 days of entering the Sublease Premises. Sublessor shall repair the items listed in such written notice which it deems reasonably necessary to ensure that the fume hoods, if anyHVAC, all parking areas designated as common electrical, plumbing, and lighting systems and roof are in good working condition, at its sole cost and expense, provided that such repairs are not required because of damage caused by the acts or visitors parking areas for use omissions of Sublessee, its agents, contractors, servants, employees, invitees or licensees. Sublessee may enter the entire Office ParkSublease Premises on or after ___________, if any2002 to install its equipment, includingfurniture and trade fixtures in the Sublease Premises, without limitationprovided, all rights appurtenant however, that the Landlord's consent to the Lot Sublease shall have been obtained and further provided that Sublessee shall comply with all the Building created in the deed (attached as Exhibit D) to Landlord. In addition, the Tenant shall have, as appurtenant to the Premises, (i) the exclusive right terms and easement with respect to the Lot to use all improvements thereon including, without limitation, all parking areas, loading areas, service areas and the like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, and the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage of surface water runoff; all of the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park from time to time made by Landlord according to Section 12.8 conditions of this LeaseSublease.

Appears in 1 contract

Samples: Agreement of Sublease (Nexell Therapeutics Inc)

Demise of Premises. In consideration of Lessor hereby leases to Lessee and -------------------------------- Lessee leases from Lessor for the rents and covenants herein stipulated to be paid and performed term, at the rental, and upon all of the terms and conditions hereinafter specified, Landlord hereby demises and lets to Tenant, and Tenant hereby leases from Landlord, for the respective terms hereinafter described, the Premises as described in Article I hereof, which Premises include the appurtenances described below and in Section 26.10 hereof. The Premises shall be leased in "as is" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, on behalf of Landlord to Tenant, except as otherwise expressly set forth herein. Tenant shall have, Premises consisting of one building ("Building") of ten free standing, office and research and development buildings ("Buildings") to be constructed by Lessor on real property situated in Redwood City, County of San Mateo, State of California and commonly known as appurtenant to Pacific Shores Center which Lessor is in the Building, the right to use in common with others entitled thereto, subject to reasonable rules and regulations process of general applicability to tenants and owners of other lots in Xxxxxxxxx Farm-Westford Technology Park acquiring (the "Office ParkProperty"). The Building will be three stories tall and will consist of approximately ninety three thousand one hundred eighty three (93,183) rentable square feet, as more particularly described and depicted herein in Exhibit "A." or The actual rentable square footage of the "Park") from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: all common areas Building (the "Common AreasRentable Area") shown will be determined and certified by Lessor's architect by a method described as "dripline," whereby the measurement encompasses the outermost perimeter of the constructed building, including every projection thereof and all area beneath each such projection, whether or not enclosed, with no deduction for any inward deviation of structure and with the measurement being made floor by floor, but beginning from the top of the Building provided that, Lessee shall have the right, to be exercised prior to Commencement Date, to measure the "as-built" Building to confirm that the aforesaid dripline methodology was accurately utilized by Lessor's architect. The Building and appurtenances described herein, the Property, and all other improvements to be built on the Plan of Common Easements of the Office Park attached as part of Exhibit "A", including, without limitation, a right to access to the Premises at all times, use of all service areas, use of all utility lines including those for electricity, gas, water and sewage disposal, use of all facilities for drainage of surface water runoff, including storm drainage systems and detention areas, use of all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas Property are together designated as common or visitors parking areas for use of the entire Office Park"Project." The Building leased hereunder, if anycommonly known as Building 7 - Pacific Shores Center, includingRedwood City, without limitation, all rights appurtenant to the Lot and the Building created in the deed (attached as Exhibit D) to Landlord. In addition, the Tenant shall have, as appurtenant to the Premises, (i) the exclusive right and easement with respect to the Lot to use all improvements thereon including, without limitation, all parking areas, loading areas, service areas and the like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalksCalifornia, and its appurtenances described herein are herein designated as the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage of surface water runoff; all of the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park from time to time made by Landlord according to Section 12.8 of this Lease"Premises."

Appears in 1 contract

Samples: At Home Corp

Demise of Premises. In consideration of the rents and covenants herein stipulated to be paid and performed and upon the terms and conditions hereinafter specified, Landlord hereby demises and lets leases to Tenant, Tenant and Tenant hereby leases from Landlord, for upon the respective terms and conditions hereinafter describedset forth, the Premises as described in Article I hereof, which Premises include the appurtenances described below and in Section 26.10 hereof. The Premises shall be leased in "as is" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, on behalf of Landlord to Tenant, except as otherwise expressly set forth herein. Tenant shall have, as appurtenant to the Building, the right to use in common with others entitled thereto, subject to reasonable rules and regulations of general applicability to tenants and owners of other lots in Xxxxxxxxx Farm-Westford Technology Park those certain premises (the "Office Park" or Premises") presently known, as of the date of this Lease, as 4425 and 0000 Xxxxxxx Xxxxx, situated in the City of San Xxxx, County of Santa Xxxxx, State of California, described as follows: approximately one hundred fifteen thousand five hundred and one (115,501) square feet of floor space located in Building B and a portion of Building C (Building B and Building C are hereinafter collectively referred to as the "ParkBuilding") from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: all common areas ), as shown cross-hatched on the site plan (the "Common AreasSite Plan") shown on the Plan of Common Easements of the Office Park attached hereto as part of Exhibit "A", includingtogether with the Tenant Improvements to be constructed by Landlord pursuant to the Improvement Agreement attached hereto as Exhibit "C". The actual leased square footage shall be determined upon final approval of the Final Tenant Improvement Plans pursuant to Exhibit "C" attached hereto. The Premises are located on a larger parcel (the "Parcel") containing other buildings in addition to Buildings B and C (all buildings on the Parcel are collectively referred to as the "Buildings") as shown on the Site Plan, without limitationwhich Parcel is described in Exhibit "B" attached hereto. In the event Landlord subdivides the Parcel in the future into two (2) or more legal parcels, a right the term "Parcel" shall thereafter refer to access the legal parcel on which the Premises are located. Except as provided in Exhibit "C", Landlord shall not be required to make any alterations, additions or improvements to the Premises at all timesand the Premises shall be leased to Tenant in an "as-is" condition; provided, use of all service areashowever, use of all utility lines including those for electricity, gas, water the Premises will be delivered to Tenants in good condition and sewage disposal, use of all facilities for drainage of surface water runoffrepair, including storm drainage systems the roof and detention areas, use of all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas designated as common or visitors parking areas for use structural integrity of the entire Office Park, if any, including, without limitation, all rights appurtenant to the Lot and the Building created in the deed (attached as Exhibit D) to Landlord. In addition, the Tenant shall have, as appurtenant to the Premises, (i) the exclusive right and easement with respect to the Lot to use all improvements thereon including, without limitation, all parking areas, loading areas, service areas and the like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalksBuilding, and the driveways, grades, roads and Premises as they exist on the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage date of surface water runoff; all of the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park from time to time made by Landlord according to Section 12.8 execution of this LeaseLease (exclusive of any tenant Improvements constructed pursuant to Exhibit "C"), will be in compliance with all governmental codes, ordinances and statutes, including Americans With Disabilities Act ("ADA").

Appears in 1 contract

Samples: Lease Agreement (Oplink Communications Inc)

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