Common use of Demised Premises Clause in Contracts

Demised Premises. The Landlord hereby demises and leases to the Tenant, and the Tenant hereby leases from the Landlord, upon and subject to the terms and provisions of this Lease (which term is used herein shall include all Exhibits attached hereto or referred to herein), the commercial space (sometimes hereinafter referred to as the "Demised Premises") depicted on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet of floor area (measuring from (i) the center of the two side demising walls and (ii) the front lease line of the Demised Premises, through the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "

Appears in 2 contracts

Samples: License Agreement (Silicon Entertainment Inc /Ca/), License Agreement (Silicon Entertainment Inc /Ca/)

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Demised Premises. The Landlord hereby demises Per the Lease, the Demised Premises currently consists of approximately 83,712 rentable square feet of office and leases to the Tenantlaboratory space and 31,288 rentable square feet of warehouse space, and the Tenant hereby leases from the Landlordfor an aggregate amount of 115,000 rentable square feet (of which, upon and approximately 9,933 rentable square feet are subject to the Sublease). Subject to the terms and provisions of this Lease the Lease, Tenant shall continue to occupy the Demised Premises until the Original Expiration Date. As of March 1, 2019 (which term is used herein shall include all Exhibits attached hereto or referred to hereinthe “Reconfigured Commencement Date”), the commercial space (sometimes hereinafter referred to as the "Demised Premises") depicted on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain shall be reduced to approximately six thousand six hundred fifty-one (6,651) 83,712 rentable square feet of floor area (measuring feet, such that all references to the Demised Premises from (i) and after the center of Reconfigured Commencement Date shall be to the two side demising walls and (ii) said 83,712 rentable square feet; provided, however, that the front lease line square footage of the Demised Premises, through the rear wall), commonly known Premises effective as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site Reconfigured Commencement Date is subject to Tenant’s rights as set forth on Exhibit A-2 annexed in Section 20 of this First Amendment. Attached hereto and made a part hereofhereof as Exhibit “A” is a space plan depicting the Demised Premises that Tenant will occupy pursuant to the Lease, as amended by this First Amendment, from and after the Reconfigured Commencement Date; provided, however, if requested by Tenant within twelve (12) months prior to the Reconfigured Commencement Date, Tenant and Landlord shall use commercially reasonable efforts to mutually agree to a revised version of the Exhibit “A” space plan. In Prior to the event, within sixty Reconfigured Commencement Date (60but not more than ninety (90) days after commencement prior to the Reconfigured Commencement Date), Landlord shall, at its sole cost and expense, demise the Demised Premises for Tenant’s use in accordance with the Exhibit “A” space plan (as may be modified pursuant to this Section 4 and/or Section 20). Tenant agrees to cooperate with Landlord’s installation of the term demising wall by: (a) allowing Landlord reasonable access to the Demised Premises and (b) removing Tenant’s personal property from the affected areas of this Leasethe Demised Premises; provided, either party hereto finds that the actual floor area however, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of the Demised Premises differs by ten (10) square feet or more from during the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio installation of the actual floor area demising wall(s). Notwithstanding the foregoing but subject to Tenant’s assignment rights under the Lease, Tenant acknowledges and agrees that it shall remain the sole “tenant” of the Demised Premises to the floor area set forth hereinabove. The term "Building through and including February 28, 2019, inclusive of any of Tenant’s current or future permitted subtenants.

Appears in 1 contract

Samples: Agreement of Lease (Icon PLC)

Demised Premises. The Effective upon satisfaction or waiver of the contingencies set forth in Articles 40 through 43 inclusive hereof, Landlord hereby demises unto Tenant and leases Tenant rents from Landlord a certain parcel of land containing approximately two and one-half (2 1/2) acres (the "demised premises") which premises are located in the 2900 Block of El Camino Real in San Mateo, California. The demised premises consist of certain real property presently owned by Landlord and described in Exhibit A-1 attached hereto (the "Jockey Club Parcel") and certain real property presently owned by another party and described on Exhibit A-2 attached hereto (the "Willxxxx Xxxcel"). Landlord will exercise its reasonable best efforts to acquire the TenantWillxxxx Xxxcel prior to this Lease becoming effective, in accordance with the provisions of Article 42 hereof. Tenant shall demolish any existing structures located on the demised premises, and the Tenant hereby leases from the Landlord, upon and subject to the terms and provisions of this Lease construct thereon a building containing approximately twenty-five thousand (which term is used herein shall include all Exhibits attached hereto or referred to herein), the commercial space (sometimes hereinafter referred to as the "Demised Premises") depicted on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,65125,000) square feet of floor area (measuring from "Tenant's Building") together with a loading dock, trash compactor, dumpster pad, parking lot and other site improvements as generally depicted on the site plan attached hereto as Exhibit B (i) Tenant's Building and all other improvements on the center demised premises being collectively referred to herein as the "Improvements"). Tenant shall have the right to change the configuration and/or location of Tenant's Building so long as Tenant's Building substantially conforms to the two side demising walls and (ii) the front lease line of the Demised Premises, through the rear wall), commonly known as suite 3800 on level 3 as shown depiction on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term B. Upon expiration or sooner termination of this Lease, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises title to the floor area set forth hereinaboveImprovements shall automatically vest in Landlord. The term demised premises and the Improvements are collectively referred to herein as the "Property".

Appears in 1 contract

Samples: Bay Meadows Operating Co

Demised Premises. The Landlord hereby demises Landlord, for and leases in consideration of the covenants and conditions hereinafter contained on the part of the Tenant to the Tenantbe performed, and in consideration of the rent hereinafter reserved, does hereby grant, lease, demise and let unto Tenant and Tenant does hereby leases agree to pay said rent, lease and take from Landlord the LandlordProperty (as hereinafter defined) described as: A "Building" containing 47,529 square foot (more or less) at 7000 Xxxxxxxx, upon X.X., Xxxxxxxxxxx, Xxx Xxxxxx 00000 immediately west of the intersection of Snaproll N.E. and subject Rxxxxxxx N.E., together with all of the fixtures, apparatus, equipment and improvements to be provided by Landlord and to be located therein or thereon (collectively, together with the terms Building, "Improvements") and provisions all rights and easements appurtenant thereto, all of this Lease (which term is used herein shall include all Exhibits attached hereto or referred to herein), the commercial space (sometimes are hereinafter referred to as called the "Demised Premises") . The Improvements are depicted on Exhibit A "A" attached hereto annexed and made a part hereofincorporated herein by reference and are located on the real estate described as follows: SEE EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. Said ("Land"). The Demised Premises contain approximately six thousand six hundred fifty-one (6,651) and the Land are sometimes collectively referred to herein as the "Property". The square feet of floor area (measuring from (i) the center footage of the two side demising walls Building shall be calculated based upon the Building Owners and Managers Association (ii"BOMA") International Guidelines for measuring single tenant buildings ("Tenant's Rentable Area"). Tenant shall pay "Base Rent" as hereinafter defined based upon Tenant's Rentable Area. Prior to the front lease line "Commencement Date" (as hereinafter defined), the Landlord's architect shall verify the Tenant's Rentable Area of the Demised Premises, through Building. If the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site Tenant's Rentable Area is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) not 47,529 square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect)feet, Landlord and Tenant shall execute acknowledge any such change on Exhibit "C" which is attached hereto and incorporated herein by reference and the Base Rent and "Reimbursable Expenses" (as hereinafter defined) payable by Tenant shall be adjusted accordingly. In the event Tenant may disagree with Landlord's architect on the calculation of Tenant's Rentable Area, Tenant may, at Tenant's expense and prior to July 1, 2005, cause an amendment architect to this Lease setting forth the actual floor areacalculate Tenant's Rentable Area, and proportionately changing Tenantif different than the calculation by Landlord's monetary obligationsarchitect, including Minimum Rentto work with Landlord's architect to resolve any discrepancies. Landlord shall construct on the Land, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinaboveat Landlord's sole cost and expense: (i) a shell Building, parking, landscaping and those Improvements itemized and depicted on Exhibit "D" attached hereto and incorporated herein ERR hereinafter defined. The term Landlord Improvements and Tenant Improvements comprise the initial Improvements contemplated by this Lease. Tenant acknowledges that the Property is within Journal Cxxxxx 0, Xxxx 0 and subject to covenants and assessments related thereto (respectively "Journal Center Covenants" and "Journal Center Assessments").

Appears in 1 contract

Samples: Lease (SBS Technologies Inc)

Demised Premises. The For and in consideration of the rent hereinafter reserved and the mutual covenants hereinafter contained, Landlord does hereby demises lease and leases to the demise unto Tenant, and the Tenant does hereby leases hire, lease and accept, from the Landlord, upon that certain parcel of real property more particularly described in EXHIBIT "A" attached hereto and subject to by this reference made a part hereof (the terms "Land") situated in Shawnee Ridge (the "Project"), located in Gwinnett County, Georgia, together with and provisions including all buildings, structures, driveways, parking lots, walkways, landscaping and other appurtenances thereto and all other improvements, with the consent of Tenant, at anytime during the term of this Lease erected, or situated thereon including specifically, but, without limitation, a building (the "Building") to be constructed containing approximately 360,675 square feet of office and warehouse space, of which term is used herein approximately 43,000 square feet shall include be office and warehouse office space and to be located on the Land as shown on EXHIBIT "A-1" attached hereto, and all Exhibits attached hereto other improvements including all driveways, parking lots, walkways, landscaping and other appurtenances thereto and whatever right, title and interest Landlord may have to any public sidewalks and the center line of any public street, and the non-exclusive benefits of any easements, rights of way or referred to herein)licenses Landlord may have over other properties (collectively, the commercial space (sometimes hereinafter referred to as the "Demised Premises") depicted on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet of floor area (measuring from subject only to (i) taxes for the center of year in which the two side demising walls Lease Date occurs and all subsequent years, (ii) the front lease line all matters of record as of the Demised PremisesLease Date , through the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure and (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site"iii) located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds all matters that the actual floor area would be disclosed by an accurate survey of the Demised Premises differs as of the Lease Date (herein referred to as "Permitted Encumbrances"), all upon the terms and conditions hereinafter set forth. The Demised Premises including the Building shall be developed and constructed by ten Landlord substantially in accordance with the Preliminary Drawings prepared by MacGregor Associates Architects, Inc., attached hereto as EXHIBIT "A-1" (10herein, the "Site Plan"); EXHIBIT "A-2" (herein, the "Floor Plan") square feet or more from and EXHIBIT "A-3" (herein, the floor area set forth hereinabove "Elevation Plan"), and such difference is confirmed by the construction specifications attached hereto as EXHIBIT "A-4" (herein "Preliminary Construction Specifications"), (the plans and specifications as shown on Exhibits "A-l" through "A-4" are herein, collectively the "Preliminary Plans"), in accordance with the terms of Section 18 hereof, and, to Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect)actual knowledge, Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio in material compliance with all applicable laws in effect as of the actual floor area Lease Date. Except to the extent required to cause compliance with the provisions of applicable law, the Building and improvements comprising the Demised Premises shall be located substantially as shown on the Site Plan. Tenant shall be given prior notice of any changes to the floor area set forth hereinabove. The term "Site Plan required to cause such compliance.

Appears in 1 contract

Samples: Suit Industrial Lease Agreement (Global Directmail Corp)

Demised Premises. The Landlord hereby demises For and leases to in consideration of the Tenantrent hereinafter reserved and the mutual covenants hereinafter contained, and the Tenant hereby leases from the Landlord, upon and subject to all the terms and provisions of this Lease Lease, Landlord does hereby lease and demise unto Tenant, and Tenant does hereby lease and accept from Landlord the following (which term is used herein shall include all Exhibits collectively, the "Demised Premises")(i) approximately 51,000 square feet of space (as outlined in red on Exhibit A attached hereto or referred to and incorporated herein), the commercial space approximately 25,000 square feet of which is office space, located within a Building (sometimes hereinafter referred to as the "Demised PremisesBuilding") to be constructed by Landlord pursuant to Section 17 of this Lease, which is to contain a total of approximately 124,619 square feet, on the land ("Land") described or depicted on Exhibit A B attached hereto annexed and made incorporated herein, within Corridor Business Park (the "Project"), Orange County, California, which building has or will have a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet street address of floor area (measuring from (i) the center of the two side demising walls and 20200 Xxxxxxx Xxxxx, Xxxx Xxxxxx, Xxxxxxxxxx; xxd (ii) a non-exclusive right to use, in common with other tenants of the front lease line Building (and the employees, guests and other invitees of such tenants),the Common Area (as defined in Section 6 hereof). Landlord shall provide within the Common Area, on a non-exclusive basis (except as hereinafter provided to the contrary in this Section 2), at least 2.5 parking spaces per 1,000 square feet of the Demised Premises, through the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the eventaddition, within sixty (60) days after commencement of the term of this Lease, either party hereto finds Landlord agrees that the actual floor area of the Demised Premises differs by ten (10) square feet or more from parking spaces, to be identified in the floor area set forth hereinabove Plans and such difference is confirmed by Landlord's independent architect Specifications (which confirmation as defined in Section 17), shall be binding upon designated, by the posting of a sign, for the exclusive use by Tenant and its customers, employees and invitees. Landlord and will have no duty or obligation to monitor or enforce the rights of Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises with respect to the floor area set forth hereinaboveexclusive parking spaces; provided that Landlord will cooperate with Tenant, at no expense to Landlord, in reasonable efforts by Tenant to enforce such right of Tenant. The term "A failure by other tenants in the Building and their customers, invitees and employees to observe the exclusive parking rights of Tenant under this Section 2 will never constitute a default by Landlord under this Lease.

Appears in 1 contract

Samples: Lease Agreement (I Flow Corp /Ca/)

Demised Premises. The Subject to the provisions of this Lease, Landlord hereby demises and leases to the Tenant, and the Tenant hereby leases from the Landlord, upon and subject to the terms and provisions of this Lease following described premises (which term is used herein shall include all Exhibits attached hereto or referred to herein), the commercial space (sometimes hereinafter referred to as the "Demised demised Premises") depicted on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet of floor area (measuring from (i) the center " or Leased premises): that portion of the two side demising walls and (ii) the front lease line first floor of the Demised Premisesbuilding numbered 110 Hartwell Avenue, through the rear wall)Lexington, commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure Massachusetts, (the "Mall Building"), which xxxxxxxxxx xx area deemed to be 7,316 rentable square feet all as more particularly shown on plan attached hereto as Exhibit "A." This lease is subject to existing easements and party wall agreements, if any, and to rights and encumbrances of record, and the Landlord has constructed excepts and reserves hallways, stairways and shaftways and elevators, if any, serving other parts of said building and the right to maintain use, repair and replace pipe ducts, wires, meters and any other equipment, machinery, apparatus and fixtures serving other parties thereof. Tenant shall have access to the building and their offices on a parcel of land (24 hour basis, 7 days per week. The demised premises are Leased herewith, together with the right to use, in common with others entitled thereto, the hallways, stairways, and elevator(s), if any, necessary for access to the demised premises, the lavatories nearest thereto, and the parking lot. Landlord's building, in which the demised premises are situated, is numbered 110 Hartwell Avenue in said Lexington and may be referred to hexxxx xx "Xxxxxxxx's Building" or the "Shopping Center SiteBuilding." Said Building, together with the land on which it is situated, may be referred to herein as " Landlord's Property." Tenant accepts the premise in an ") located AS IS" condition, except that Landlord will at its sole expense improve the demised premises in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on accordance with Exhibit A-2 annexed "B" attached hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of the Demised Premises differs hereof by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "reference.

Appears in 1 contract

Samples: CTC Communications Corp

Demised Premises. The Landlord LANDLORD hereby demises unto TENANT and leases to the Tenant, and the Tenant TENANT hereby leases from LANDLORD, for the Landlord, term and specifically upon and subject to the terms and provisions conditions set forth in this Lease, the premises described on the FACE PAGE which are located in the shopping center described on the FACE PAGE (the “Shopping Center”), in the City and State described on the FACE PAGE, which premises consists of this Lease an area of the approximate square feet within a one story building (which term is used herein shall include all Exhibits “Building”) described on the FACE PAGE (the “Demised Premises”). The boundaries and location of the Building are outlined in green and the boundaries and location of the Demised Premises are outlined in red on the site plan attached hereto or referred to herein), the commercial space (sometimes hereinafter referred to as the "Demised Premises") depicted on Exhibit A hereto annexed (the “Building Site Plan”). The boundaries and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet of floor area (measuring from (i) the center location of the two side demising walls Shopping Center are outlined in green and the boundaries and location of the Building are outlined in red on the site plan attached hereto as Exhibit B (ii) the front lease line “Shopping Center Site Plan”). The purpose of the Building Site Plan and the Shopping Center Site Plan is to show approximate location of the Demised Premises. This Lease Agreement, through pursuant to which TENANT occupies the rear wallDemised Premises, shall be subject to the Construction, Operating and Reciprocal Easement Agreement for Mobile Festival Centre By and Among Circuit City Stores, Inc. and Xxxxx X. Xxxxx, Xxxxx X. Xxxxx, and Xxxxxxx X. Xxxxxx, as Tenants-In-Common, Recorded March 26, 1986, attached here to as Exhibit E, and the Circuit City Supplemental Agreement, dated March 20, 1986, attached hereto as Exhibit F (together, the “CORE Agreement”), commonly known as suite 3800 on level 3 as shown on to the extent applicable. LANDLORD shall, at its cost and expense, construct the Demised Premises for TENANT’S use and occupancy in accordance with plans and specifications prepared by LANDLORD or LANDLORD’S architect, described in Exhibit A-1 C, “Landlord’s Work”, attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In TENANT shall at its cost and expense perform the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of work needed to finish the Demised Premises differs by ten (10) square feet or more from for its use in accordance with Exhibit D, “Tenant’s Work”, attached hereto and made a part hereof. Any work and material in addition to any of the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation items specifically enumerated in said Exhibit D shall be binding upon Landlord paid for and Tenant absent bad faith provided by TENANT at its own cost and expense. Any equipment or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of work other than those items specifically enumerated in said Exhibit D which LANDLORD or LANDLORD’S contractor installs or constructs in the Demised Premises on TENANT’S behalf shall be paid for by TENANT prior to the floor area set forth hereinabovedate when TENANT opens its store for business. The term "LANDLORD shall not be obligated to commence or to complete the construction within any particular period of time. However, if construction has not commenced on or before the Construction Commencement Date (as stated on the FACE PAGE), either LANDLORD or TENANT may cancel and terminate this Lease by giving written notice to the other within thirty (30) days following such date. Construction shall be deemed to have commenced for the purposes of this Lease upon receipt by Landlord of a building permit for Landlord’s Work and the completion date is Estimated Completion Date (as stated on the FACE PAGE) unless due to events beyond the control of LANDLORD.

Appears in 1 contract

Samples: Lease Agreement (Computer Programs & Systems Inc)

Demised Premises. The Landlord hereby demises and leases to the Tenant, Tenant and the Tenant hereby leases from the Landlord, upon the terms and subject to the conditions set forth in this Lease, the Premises described below, located in the City of Portland, Multnomah County, Oregon, SUBJECT, HOWEVER, to any and all existing and non-delinquent real estate tax liens of record, the mortgage lien (including any related security interests and assignments for security) described in Paragraph X; a sewer easement in favor of the City of Portland recorded October 14, 1953 as document #44101, book 1626, page 337; Administrative Findings and Decision on an Adjustment No. LUR 9200240, including the terms and provisions thereof, recorded July 1, 1992, as document #072284, book 2560, page 336; and the terms of this Lease. The premises leased to Tenant (the "Premises") consist of a portion of the first-floor interior space in the Building, as more particularly identified on the Building floor plan attached as Exhibit B, which is incorporated in this Lease by this reference (the "Building Plan"). The Premises also include the appurtenant right to use, in common with others, the public portions of the Building, including public hallways, lobbies, and restrooms, depicted as "common area" on the Building Plan (the "Common Area"); parking facilities on the Land; the right for Tenant and its employees and invitees to enjoy all rights, benefits and use of the Parking Easement Area (to the extent allocated to Tenant in this Lease and subject to the terms of the Easement Agreement); and sidewalks, ramps, landscape areas, and driveways. The Premises shall be delivered to Tenant in its "AS IS" condition without any obligations on the part of Landlord to perform any improvements or alterations, or to provide any allowances. As of the Commencement Date (defined in Paragraph II, below), Tenant has leased from Landlord, under a separate lease agreement of even date herewith (the "Brewery Lease"), the remaining portion of the first floor of the Building shown that is not included in the Premises, together with all second-floor and basement space in the Building (the "Brewery Premises"). The Brewery Premises includes, without limitation, the first-floor "AREA TO BE ADDED TO ALEHOUSE IF BREWERY LEASE TERMINATED," as designated on the Building Plan (such AREA TO BE ADDED, all basement space in the Building, and the second-floor space located above the copper brewing tanks that are included in such "AREA TO BE ADDED," are together herein referred to as the "Expansion Space"). If the Brewery Lease expires or terminates before expiration of the Term (defined at Paragraph II, below), then (a) the Expansion Space shall automatically be added to the Premises, effective as of the date of such expiration or termination (after which, references herein to the Premises shall include the Expansion Space), (b) the monthly Base Rent specified at Paragraph III below and in effect as of the date of such termination or expiration shall be increased by an amount equal to the monthly price per square foot then in effect for the Premises (determined by dividing monthly Base Rent by the number of square feet in the Premises before expansion) multiplied by the number of square feet contained in that portion of the Expansion Space located on the first and second floors of the Building (but excluding that portion of the Expansion Space located in the basement of the Building), and (c) prior to the date of such expiration or termination, Tenant shall, at Tenant's sole cost and expense and subject to the terms and provisions of this conditions, including approval by Landlord, that are specified in the Brewery Lease (which term is used terms and conditions are incorporated herein shall include all Exhibits attached hereto or referred to hereinby this reference as if fully set forth at this point), effect such improvements and alterations to the commercial space Building including, without limitation, constructing (sometimes hereinafter referred and/or demolishing) such demising walls, constructing such entrances, and effecting such alterations to the utility systems serving the Building (including, without limitation, wiring and electrical systems, plumbing and drain pipes, sprinkler systems and sewer lines, and heating, ventilating and air conditioning (HVAC) systems), as may be reasonably necessary to operate the "Demised Premises") depicted on Exhibit A hereto annexed expanded Premises and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet of floor area (measuring from (i) the center remaining portions of the two side demising walls Building as wholly separate premises with dedicated and (ii) separately-metered and controlled utility services. For purposes of determining the front lease line additional Base Rent payable upon inclusion of the Demised Expansion Space in the Premises, through the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth calculate the actual floor arearentable square feet contained within the Premises, and proportionately changing Tenant's monetary obligationsas expanded, including Minimum Rentusing standards then prevailing in the rental real-estate industry for retail facilities, based upon by not later than the ratio of date that the actual floor area of the Demised Premises Expansion Space is added to the floor area set forth hereinabove. The term "Premises.

Appears in 1 contract

Samples: Pyramid Breweries Inc

Demised Premises. The Landlord hereby demises and leases (A) Tenant may elect to add the New Expansion Space to the Demised Premises as provided in this paragraph 2. Upon the Effective Date, as defined in paragraph 3 below, the Demised Premises shall be redefined for all purposes to include the New Expansion Space (to be constructed by Landlord), which shall contain, at Tenant’s election, as provided for hereinafter, either approximately 10,000 square feet of space, or more than 10,000 square feet of space but not more than approximately 40,000 square feet of space. The Demised Premises and the New Expansion Space are collectively referred to herein as the “Redefined Demised Premises”, and the Tenant hereby leases from total square footage thereof is to be confirmed by the Landlordparties pursuant to a Commencement Date Memorandum to be executed following the Effective Date; provided, upon and subject to the terms and provisions of this Lease (which term is used herein shall include all Exhibits attached hereto or referred to herein)however, the commercial space (sometimes hereinafter referred to as the "Demised Premises") depicted on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain that New Expansion Space greater than approximately six thousand six hundred fifty-one (6,651) 20,000 square feet of floor area (measuring from shall be subject to: (i) the center approval of Landlord, which approval Landlord shall not unreasonably withhold (it being agreed to, however, that it shall not be deemed unreasonable for Landlord to withhold its approval if the design and configuration of the two side demising walls New Expansion Space is inconsistent with the use and character of the Building as a manufacturing/industrial warehouse); and (ii) Landlord’s reasonable determination that it will be able to obtain necessary approvals and authorizations for such expansion from local governmental authorities having jurisdiction. If Tenant, in its sole and absolute discretion (but subject to the front lease line of foregoing conditions if the New Expansion Space will be greater than approximately 20,000 square feet), elects to add the New Expansion Space to the Demised Premises, through then on or before October 1, 2008, Tenant shall provide Landlord written notice (the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto “Tenant Notice”) of its election to add the New Expansion Space to the Demised Premises and specifying the size of the multi-level structure New Expansion Space. With the Tenant Notice, Tenant shall deposit with Landlord the sum of $200,000.00 (the "Mall Building"“Space Plan Costs Deposit”) representing the estimated out-of-pocket costs to be incurred by Landlord after the Execution Date for developing and preparing the Space Plan and Budget, and obtaining the Governmental Authorizations in accordance with paragraphs 2(B) and 3(C) below (hereinafter collectively, the “Space Plan Costs”). Without limitation, which Landlord has constructed on a parcel of land the Space Plan Costs shall not include Landlord’s internal costs (i.e., costs not paid to third parties or paid to Landlord’s affiliates) and shall not include costs for work ordered prior to the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereofExecution Date. In the eventevent Tenant fails to timely provide the Tenant Notice, within sixty (60) days after commencement of the term of then this LeaseAmendment automatically shall become null and void, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor areaab initio, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "no further force or effect.

Appears in 1 contract

Samples: Lease (Gc Net Lease Reit, Inc.)

Demised Premises. The For and in consideration of the rent hereinafter reserved and the mutual covenants hereinafter contained, Landlord does hereby demises lease and leases to demise unto Tenants, and Tenant does hereby hire, lease and accept from Landlord, that certain parcel of real property (the "Land") containing approximately 11 acres which Land is situated in Doxxxxx Xounty, Georgia, within Wertfork Distribution Center (the "Project") and is more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, together with and including all buildings, structures, driveways, parking lots, walkways, landscaping and other appurtenances thereto and all other improvements with the consent of Tenant, and at any time during the Tenant hereby leases from the Landlord, upon and subject to the terms and provisions term of this Lease erected or situated thereon including specifically, but without limitation, a building (the "Building") to be constructed containing approximately 196,333 square feet of office and warehouse space of which term is used herein approximately 12,000 square feet shall include be office space and to be located on the Land as shown on Exhibit "A-1" attached hereto, and all Exhibits attached hereto or referred to herein)other improvements including all driveways, the commercial space parking lots, walkways, landscaping and other appurtenances thereto (sometimes hereinafter referred to as collectively, the "Demised Premises") depicted subject only to the matters on Exhibit A "B" attached hereto annexed (herein referred to as "Permitted Encumbrances"), all upon the terms and made a part hereofconditions hereinafter set forth. Said The Demised Premises contain approximately six thousand six hundred fifty-one including the Building shall be developed and constructed by Landlord substantially in accordance with the Preliminary Drawings prepared by Smallwood, Reynolds, Stxxxxx & Stxxxxx, attached hereto as Exhibit "A-1) (6,651herein, the "Site Plan"): Exhibit "A-2" (herein, the "Floor Plan") square feet of floor area and Exhibit "A-3" (measuring from (i) herein, the center of the two side demising walls and (ii) the front lease line of the Demised Premises, through the rear wall"Elevation Plan"), commonly known and the construction specifications attached hereto as suite 3800 on level 3 Exhibit "A-4") (herein "Preliminary Construction Specifications"), (the plans and specifications as shown on Exhibit A-1 attached hereto of the multi-level structure ("A-1" through "A-4" are herein, collectively the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center SitePreliminary Plans") located and in Dallas, Dallas County, Texas. The metes and bounds description accordance with the terms of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part Section 18 hereof. In Exhibit to the eventextent required to cause compliance with the provisions of applicable law, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of Building and improvements comprising the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error located substantially as shown on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "Site Plan.

Appears in 1 contract

Samples: Consent and Agreement (Crain Industries Inc)

Demised Premises. The Landlord Section 1.1 Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed by the Tenant does hereby demises lease unto Tenant Demised Premises situated in the City of Detroit, County of Wxxxx and leases State of Michigan, more particularly described as: Suites 4,000 and 1,400, containing approximately 37,259 rentable square feet on the fourth floor and 5,594 rentable square feet on the first floor (collectively the "Office Premises") in the north half and 2875 rentable square feet (the "Storage Space") in the lower level of the south atrium of that certain office building, known as "300 River Place" (hereinafter referred to as the Tenant"Building) located on land more particularly described in the legal description attached hereto as Exhibit A and shown on the specifications and floor plan attached hereto and/or referenced in Exhibit B, and thereby made a part hereof, (the Tenant hereby leases from Office Premises and the Landlord, upon and subject to the terms and provisions of this Lease (which term is used herein shall include all Exhibits attached hereto or referred to herein), the commercial space (sometimes Storage Space hereinafter collectively referred to as the "Demised Premises"), together with the right to use certain interior and exterior common and public areas and facilities including, but not limited to, public corridors, stairwells, restrooms, elevators and parking facilities (on a space available basis and upon payment of requisite parking fees) depicted on Exhibit A hereto annexed (hereinafter referred to as the "Common Areas") as may be designated by Landlord for use in common with Landlord and made a part hereofthe tenants and occupants (their agents, employees, customers and invitees) of the Building, and the tenants and occupants (their agents, employees, customers and invitees) of Landlord's other adjacent buildings now or hereafter constructed in the development in Detroit, Michigan known as "River Place" (hereinafter referred to as "River Place"), if any. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) Tenant acknowledges that portions of the Common Areas may be designated by Landlord from time to time for the benefit of and use by others. The precise number of rentable square feet of floor area (measuring from (i) the center Demised Premises shall be determined by the Landlord's architect after the exact location of the two side demising walls of the Demised Premises has been specified by the Tenant, or when the Demised Premises are otherwise completed and (ii) ready for occupancy and written confirmation of such determination shall be attached hereto and incorporated herein by reference; provided, that the front lease line of rentable square footage set forth in Section 1.1 shall govern until such determination has been made. Such determination shall be based on usable square feet in the Demised Premises, through measured in accordance with the rear wallANSI Z65.1-1980 (reaffirmed in 1989), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure standard for determining usable square feet, plus a fifteen percent (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site"15%) located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor common area of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "factor.

Appears in 1 contract

Samples: Office Lease Agreement (Fahnestock Viner Holdings Inc)

Demised Premises. The For and in consideration of the rent hereinafter reserved and the mutual covenants hereinafter contained, Landlord does hereby demises lease and leases to the demise unto Tenant, and the Tenant does hereby leases hire, lease and accept, from the Landlord, Landlord all upon and subject to the terms and provisions of this Lease (which term is used herein shall include all Exhibits attached hereto or referred to herein)conditions hereinafter set forth the following premises, the commercial space (sometimes hereinafter referred to as the "Demised Premises") depicted ”, as outlined on Exhibit A attached hereto annexed and made a part hereof. Said Demised Premises contain incorporated herein: an agreed upon approximately six thousand six hundred fifty-one (6,651) 19,518 square feet of floor area (measuring from (i) the center space, approximately 16,918 square feet of the two side demising walls and (ii) the front lease line of the Demised Premiseswhich is office space, through the rear wallhaving an address as set forth in Section 1(a), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure located within an existing building (the "Mall Building"), which Landlord has constructed on contains a parcel total of land an agreed upon approximately 102,936 square feet and is located within Bolingbrook Corporate Center (the "Shopping Center Site") “Project”), located in Dallas, Dallas Will County, TexasIllinois. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds parties acknowledge that the actual floor area number of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove recited above has been conclusively determined and such difference is confirmed not subject to contest by Landlord's independent architect (which confirmation either party. Landlord shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area deliver possession of the Demised Premises to Tenant on the floor area set forth hereinaboveLease Date. The term "Landlord’s failure to timely deliver possession of the Demised Premises to Tenant shall constitute a Landlord Delay. Landlord hereby acknowledges that an affiliate of Landlord, Industrial Developments International, Inc. (“IDI”) is, on the Lease Date, the Declarant under that certain Declaration of Protective Covenants for Bolingbrook Corporate Center dated July 1, 1997, recorded against the Project as Document # R97-056740, as subsequently amended (“Declaration”). Landlord hereby covenants that (i) so long as IDI remains the Declarant under the Declaration, IDI will not make any modifications, amendments or changes to the Declaration which would prohibit the Permitted Use or prevent Tenant from operating in the Demised Premises for the Permitted Use and (ii) after IDI ceases to be the Declarant under the Declaration, Landlord will not, so long as this Lease remains in effect, consent to or approve any such modification, amendment or change to the Declaration. Any breach of the foregoing covenant by Landlord shall be a material default by Landlord hereunder.

Appears in 1 contract

Samples: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)

Demised Premises. The Landlord hereby demises 1 Subject and leases to upon the Tenantterms, provisions, covenants and conditions hereinafter set forth, and cash in consideration of the duties, covenants and obligations of the other hereunder. Landlord does hereby lease, demise and let Tenants and Tenant does hereby leases lease, demise and let from Landlord those certain premises (hereinafter sometimes called the Landlord“Premises” or “Demised “premises” ) in the building known as PERC: 72nd Warehouses (hereinafter called the “Building”) located at 0000 XX 00xx Xxxxxx, upon Xxxxx, XX 00000 containing approximately 15850 square feet of Net Rentable Area (hereinafter defined) of the building, constituting an proportionate share of 22.5% of the Building. The amount of Net Rentable Area, as provide herein, is stipulated and subject agreed to the terms by Landlord and provisions of this Lease (which Tenant. The term is “net Rentable “Area’, as used herein shall include all Exhibits attached hereto or referred refer to herein), the commercial space (sometimes hereinafter referred to as the "Demised Premises") depicted on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet of floor area (measuring from (i) in the center case of a single tenancy floor, all space measured from the inside surface of the two side demising outer glass of the Building to the inside surface of the opposition outer wall, excluding only the areas (“Service “Areas”0 within the outside walls used for building stairs, fire towers, elevator shafts, floors, vents, pipe shafts and vertical ducts, but including any such areas which are for the specific use of the particular tenants such as special stairs or elevators, and (ii) in the front case of a multi-tenancy floor, all space within the inside surface of the outer glass enclosing the tenant occupied portion of the floor and measured to the midpoint of the walls separating the areas leased by or held for lease line to other tenants or for areas devoted to corridors, elevator foyers, rest rooms and other similar facilities for the use of all tenants on the particular floor (herein called “Common Areas.”), but including a proportionate part of the Common Areas located on such floor. No reductions from Net Rentable Areas are trade for columns necessary to the Building. The Net Rentable Areas in the Demisecl Premises and in the Building have been calculated on the basis of the foregoing definition and are hereby stipulated above as to the Demised Premises, through whether the rear wall), commonly known state should be more or less as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto a result of minor variations resulting fi. 0m actual construction and completion of the multi-level structure (Demisecl Premises, for occupancy so long as such work is done substantially in accordance \With the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "approved plans.

Appears in 1 contract

Samples: Lease Agreement (AL International, Inc.)

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Demised Premises. The Landlord Landlord, for and in consideration of the covenants contained in this Lease and made on the part of Tenant, does hereby demises demise and leases to the lease unto Tenant, and the Tenant does hereby leases lease from the Landlord, upon a portion of the building and subject to land which is located in the terms City of , County of , State of New York, more particularly described in Exhibit A, (with the easements and provisions of this Lease (which term is used herein shall include all Exhibits attached hereto or referred to herein), the commercial space (sometimes hereinafter appurtenances described below collectively referred to as the "Demised Premises") depicted on Exhibit A hereto annexed and made a part hereof). Said The Demised Premises contain approximately six thousand six hundred fifty-one (6,651) consist of a ground floor space having a frontage of feet fronting on , having a depth of not less than feet, and having a total area of not less than square feet (all such lengths measured from the inside or interior walls of floor area (measuring from (isuch building.) The Demised Premises are more particularly described in the center building plan attached to this Lease as Exhibit B. If tenant has the Demised Premises surveyed, then, at Tenant's option, the parties shall execute a recordable amendment by which a survey description shall be inserted in lieu of the two side demising walls description contained in Exhibit B, but Tenant shall not be obligated to lease less than is described above. Together with all common ways and (ii) areas within the building of which the Demised Premises form a part, and together with easements in such areas of the building as Tenant may require for incinerator or trash purposes, for loading and unloading Tenant's supplies through the front lease line and rear of the Demised Premisesbuilding, through for venting Tenant's equipment (both inside and outside of the rear wallbuilding), commonly known as suite 3800 and for the installation, repair and maintenance of Tenant's utility lines and HVAC systems, with access to such lines and equipment, on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building")roof and elsewhere, which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of throughout the term and any extension of this Lease, either party hereto finds that the actual floor area . The common areas and other areas of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation building referred to above shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing made available for Tenant's monetary obligationsuse and shall not be altered or modified by Landlord without the consent of Tenant, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "which consent shall not be unreasonably withheld or delayed.

Appears in 1 contract

Samples: Lease Agreement

Demised Premises. The 1.1 Landlord is fee simple owner of the Property and hereby demises and leases to Tenant and Tenant hereby rents from Landlord the Tenantfollowing described premises to wit: the entire interior of the office building, [other than that area known as Suite 204 (“Suite 204”) deemed to consist of 2,000 rentable square feet,] located at 0000 Xxxx Xxxxxx in the City of Weston, County of Broward, State of Florida, hereinafter referred to as the Premises, consisting of what the parties have deemed to be 8,000 rentable square feet, as is more particularly described or depicted on the attached Exhibit “A” (“Premises” or “Demised Premises”). The building in which the Premises are located, and the real property on which the building is located, are hereinafter referred to as the “Property”. Landlord and Tenant hereby leases from the Landlord, upon and acknowledge that Suite 204 is currently subject to a lease with a third party, and agree that upon expiration or other termination of said lease, which shall in no event be later than two (2) years from March 1, 2011, Tenant agrees to rent the Suite 204 space after written notice by Landlord to Tenant advising that the Suite 204 space is available, and giving Tenant the right to reject the leasing of the Suite 204 space upon ten (10) days written notice by Tenant to Landlord. Should Tenant not reject the Suite 204 space, then the lease of same shall be upon the same terms and conditions, and at a monthly rate equivalent to the per square foot rate of the then current Monthly Rent for the Demised Premises. Such leasing of Suite 204 shall be evidenced by way of written acknowledgement confirming that Suite 204 shall thereafter be deemed part of the Demised Premises, setting forth the re-calculated Monthly Rent, which the parties hereby acknowledge will be calculated based upon 10,000 square feet, and confirming that all other terms and provisions of this Lease (which term is used herein shall include all Exhibits attached hereto or referred to herein), the commercial space (sometimes hereinafter referred to as the "Demised Premises") depicted on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet of floor area (measuring from (i) the center of the two side demising walls and (ii) the front lease line of the Demised Premises, through the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area including but not limited to termination date and any right of the Demised Premises differs option to renew by ten (10) square feet or more from the floor area set forth hereinabove Tenant, shall remain unchanged and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord in full force and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "effect.

Appears in 1 contract

Samples: Lease Agreement (Ultimate Software Group Inc)

Demised Premises. The For and in consideration of the rent hereinafter reserved and the mutual covenants hereinafter contained, Landlord does hereby demises lease and leases to the demise unto Tenant, and the Tenant does hereby leases hire, lease and accept, from the Landlord, upon that certain parcel of real property more particularly described in Exhibit "A" attached hereto and subject to by this reference made a part hereof (the terms "Land") situated in Plano Business Park (the "Project"), located in Collin County, Texas, together with and provisions including all buildings, structures, driveways, parking lots, walkways, landscaping and other appurtenances thereto and all other improvements, with the consent of Tenant, at anytime during the term of this Lease erected, or situated thereon including specifically, but, without limitation, a building (the "Building") to be constructed containing approximately 100,000 square feet (measured on a "drip-line" basis from the outside of the exterior walls of the Building) of office and warehouse space, of which term is used herein approximately 14,800 square feet shall include be office space and to be located on the Land as shown on Xxxxxxx "X- 0" xxxxxxxx hereto, and all Exhibits attached hereto or referred to herein)other improvements including all driveways, the commercial space parking lots, walkways, landscaping and other appurtenances thereto (sometimes hereinafter referred to as collectively, the "Demised Premises") depicted subject only to the matters on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet of floor area (measuring from (i) the center of the two side demising walls and (ii) the front lease line of the Demised Premises, through the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 "B" attached hereto of and the multi-level structure Protective Covenants attached hereto as Exhibit "D", which will be amended following the Lease Date to include the Property (the herein referred to collectively as "Mall BuildingPermitted Encumbrances"), which Landlord has constructed on a parcel of land (all upon the "Shopping Center Site") located in Dallas, Dallas County, Texasterms and conditions hereinafter set forth. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) square feet or more from including the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation Building shall be binding upon developed and constructed by Landlord and Tenant absent bad faith or manifest error on substantially in accordance with the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "Preliminary Drawings prepared by

Appears in 1 contract

Samples: Suit Industrial Lease Agreement (Act Manufacturing Inc)

Demised Premises. The Landlord hereby demises and leases to the Tenant, Tenant and the Tenant hereby leases from the Landlord, upon the terms and subject to the conditions set forth in this Lease, the Premises described below, located in the City of Portland, Multnomah County, Oregon, SUBJECT, HOWEVER, to any and all existing and non-delinquent real estate tax liens of record, the mortgage lien (including any related security interests and assignments for security) described in Paragraph X; a sewer easement in favor of the City of Portland recorded October 14, 1953 as document #44101, book 1626, page 337; Administrative Findings and Decision on an Adjustment No. LUR 9200240, including the terms and provisions thereof, recorded July 1, 1992, as document #072284, book 2560, page 336; and the terms of this Lease. The premises leased to Tenant (the "Premises") consist of all portions of the Building excepting that portion of the first floor of the Building more particularly identified as "Alehouse" or "common area" on the Building floor plan attached as Exhibit B, which is incorporated in this Lease by this reference (the "Building Plan"). The Premises also include the appurtenant right to use, in common with others, the public portions of the Building, including public hallways, lobbies, and restrooms, depicted as "common area" on the Building Plan (the "Common Area"); parking facilities on the Land; the right for Tenant and its employees and invitees to enjoy all rights, benefits and use of the Parking Easement Area (to the extent allocated to Tenant in this Lease and subject to the terms of the Easement Agreement); and sidewalks, ramps, landscape areas, and driveways. The Premises shall be delivered to Tenant in its "AS IS" condition without any obligations on the part of Landlord to perform any improvements or alterations, or to provide any allowances. As of the Commencement Date (defined in Paragraph II, below), Tenant has leased from Landlord, under a separate lease agreement of even date herewith (the "Alehouse Lease"), the portion of the first floor of the Building more particularly identified as "Alehouse" on the Building Plan (the "Alehouse Premises"). The Premises hereunder includes, without limitation, the first-floor "AREA TO BE ADDED TO ALEHOUSE IF BREWERY LEASE TERMINATED," as designated on the Building Plan (such AREA TO BE ADDED, all basement space in the Building, and the second-floor space located above the copper brewing tanks that are included in such "AREA TO BE ADDED," are together herein referred to as the "Alehouse Expansion Space"). If the Alehouse Lease expires or terminates before expiration of the Term (defined at Paragraph II, below), or if this Lease expires or terminates before expiration of the term of the Alehouse Lease, then in either such event, prior to the date of such expiration or termination, Tenant shall, at Tenant's sole cost and expense and subject to the terms and provisions of this Lease (which term is used herein shall include all Exhibits attached hereto or referred to hereinconditions, including approval by Landlord, that are specified in Paragraph IV(7), effect such improvements and alterations to the commercial space Building including, without limitation, constructing (sometimes hereinafter and/or demolishing) such demising walls, constructing such entrances, and effecting such alterations to the utility systems serving the Building (including, without limitation, wiring and electrical systems, plumbing and drain pipes, sprinkler systems and sewer lines, and heating, ventilating and air conditioning (HVAC) systems), as may be reasonably necessary to operate the Alehouse premises, including the Alehouse Expansion Space, as a separate and distinct premises, and the remaining portions of the Building as a separate and distinct premises, each with dedicated and separately-metered and controlled utility services. All of the improvements required by the preceding sentence are together herein referred to as the "Demised PremisesDemising Improvements.") depicted on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet of floor area (measuring from (i) the center of the two side demising walls and (ii) the front lease line of the Demised Premises, through the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "

Appears in 1 contract

Samples: Pyramid Breweries Inc

Demised Premises. The Landlord Lessor does hereby demises and leases lease to the TenantLessee, and Lessee does hereby lease from Lessor, for the Tenant hereby leases from term and upon the Landlordconditions hereinafter provided, upon and subject to approximately 44,932 square feet of rentable area on the terms and provisions of this Lease seventh (which term is used herein shall include all Exhibits attached hereto or referred to herein7th), eighth (8th), and sixth (6th) floors of the commercial space office building situated at 1201 X Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000 (sometimes xxch building being hereinafter referred to as the "Demised PremisesBUILDING" and such rentable area being hereinafter referred to as the ") depicted on Exhibit A hereto annexed and made a part hereofDEMISED PREMISES"). Said The Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet of has been assigned Suite Nos. 700, 800 and 650, and is outlined on the floor area (measuring from (i) the center of the two side demising walls and (ii) the front lease line of the Demised Premises, through the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 plan attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereofhereof as EXHIBITS A-1, X-0 XXX X-0. In Xxxxxx xxx its agents, employees, and invitees shall have the eventnon-exclusive right with others designated by Lessor to the free use of the common areas in the Building and the land on which the Building is located for the common areas' intended and normal purpose. Common areas include elevators, sidewalks, hallways, stairways, public bathrooms, common entrances, the lobby, fitness center, roof deck and other similar public areas and access ways. The parties agree that for this purpose the garage is not a common area and Lessee's rights to use the garage are set forth in the section entitled "PARKING." Lessor shall complete (subject to punchlist items), prior to the Commencement Date, at its sole cost, (x) the base building (as evidenced by a certificate of substantial completion issued by Lessor's architect and (y) the "shell improvements" to the Demised Premises as described in EXHIBIT B (collectively "LESSOR'S WORK"). The foregoing notwithstanding, Lessor shall have right to defer until the Rent Commencement Date (hereinafter defined) the substantial completion, subject to punchlist items, of components of the base building which are not required by Lessee during the construction of its tenant improvements, such as restroom fixtures and finishes, elevator cab finishes, lobby finishes, etc. (collectively, the "DEFERRABLE BASE BUILDING IMPROVEMENTS"). Lessor shall use best efforts to complete all punchlist items within sixty (60) days following the Commencement Date (or in the case of Deferrable Base Building Improvements, within sixty (60) days after commencement following the Rent Commencement Date). The base building is being completed substantially in accordance with the plans and specifications listed on EXHIBIT J. Xxxxxx xxxresents and warrants that (i) it has good and marketable fee simple title to the Building and the Land, (ii) subject to the requirement that it receive the approval of its existing lender to the term of this Lease, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) square feet there are no agreements, claims or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (litigation which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "adversely affect its ability

Appears in 1 contract

Samples: Real Estate Services (Charles River Associates Inc)

Demised Premises. The For and in consideration of the rent hereinafter ----------------- reserved and the mutual covenants hereinafter contained, Landlord does hereby demises lease and leases to the demise unto Tenant, and the Tenant does hereby leases hire, lease and accept, from the Landlord, upon that certain parcel of real property (the "Land") containing approximately 4.86 acres, which Land is situated in Farmers Branch, Texas, within Valwood Park (the "Project") and subject to is more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, together ----------- with and including all buildings, structures, driveways, parking lots, walkways, landscaping and other appurtenances thereto and all other improvements, with the terms and provisions consent of Tenant, at anytime during the term of this Lease erected, or situated thereon including specifically, but, without limitation, a building (the "Building") to be constructed containing approximately 40,000 square feet of office and warehouse space of which term is used herein approximately 10,000 square feet shall include be office space and to be located on the Land as shown on Exhibit "A-1" attached ------------- hereto, and all Exhibits attached hereto or referred to herein)other improvements including all driveways, the commercial space parking lots, walkways, landscaping and other appurtenances thereto (sometimes hereinafter referred to as collectively, the "Demised Premises") depicted subject only to the matters on Exhibit A "B" attached hereto annexed ----------- (herein referred to as "Permitted Encumbrances"), all upon the terms and made a part hereofconditions hereinafter set forth. Said The Demised Premises contain approximately six thousand six hundred fifty-one including the Building shall be developed and constructed by Landlord substantially in accordance with the Preliminary Drawings prepared by Hardy XxXxxxxx/MLM Architects, Inc., attached hereto as Exhibit "A-1" (6,651herein, the "Site Plan"); Exhibit "A-2" ------------- ------------- (herein, the "Floor Plan") square feet of floor area and Exhibit "A-3" (measuring from (i) herein, the center of the two side demising walls and (ii) the front lease line of the Demised Premises, through the rear wall"Elevation Plan"), commonly known and ------------- the construction specifications attached hereto as suite 3800 on level 3 Exhibit "A-4" (herein ------------- "Preliminary Construction Specifications"), (the plans and specifications as shown on Exhibit A-1 attached hereto of the multiExhibits "A-level structure (l" through "A-4" are herein, collectively the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center SitePreliminary Plans") located and in Dallas, Dallas County, Texas. The metes and bounds description accordance with the terms of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part Section 18 hereof. In Except to the eventextent required to cause compliance with the provisions of applicable law, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of Building and improvements comprising the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error located substantially as shown on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "Site Plan.

Appears in 1 contract

Samples: Industrial Lease Agreement (Wells Real Estate Fund Ix Lp)

Demised Premises. The Landlord does hereby demises lease and leases demise to the Tenant, and the Tenant does hereby leases hire and take from the Landlord, upon the following described premises in the building located at and subject known as 200 Great Oaks (hereinafter called the "Building"), Suite 220 situated in Great Oaks Blvd., Western Avenue and Church Road, Town of Guilderland, County of Albany, State of New York, to wit: Thirteen Thousand, Three Hundred Thirty-Four (13,334) square feet of rentable space on the terms and provisions of this Lease (which term is used herein shall include all Exhibits second floor as shown outlined in red on the floor plan attached hereto or referred to herein), the commercial space (sometimes hereinafter referred to as the EXHIBIT "Demised Premises") depicted on Exhibit A hereto annexed A" and made a part hereofhereof (hereinafter called the "Premises"); together with all the appurtenances, rights, privileges and easements in any way pertaining thereto including, but not limited to, the elevators, stairways, corridors, entranceways, rest rooms, parking facilities and other similar or related facilities as may exist in and about the Building (hereinafter collectively called the "Common Areas") and be generally available to all tenants. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) All measurements which form the basis for the determination of the square feet footage of the Premises, the calculation of Rent, Basic Monthly Rent, Additional Rent, proportionate shares and other charges under the terms of this Lease shall be made in accordance with the applicable standard method of floor area (measuring from (i) the center measurement and Landlord shall provide Tenant with a certification of the two side demising walls accuracy of such measurements by an architect licensed in the jurisdiction where the Building is located prior to the Commencement Date as hereinafter defined. Landlord represents and (ii) the front lease line of the Demised Premises, through the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building"), which warrants that Landlord has constructed on a parcel of land (full right and authority to lease the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes Premises and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of to otherwise enter into this Lease, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error Lease on the part of Landlord's architect), Landlord terms and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area conditions set forth hereinabove. The term "out herein.

Appears in 1 contract

Samples: Letter Constitutes Amendment No. 1 (Iwo Holdings Inc)

Demised Premises. The Landlord hereby demises and leases to the Tenant, and the Tenant hereby leases from the Landlord, upon and subject to the terms and provisions of this Lease (which term is used herein shall include all Exhibits attached hereto or referred to herein), the commercial space (sometimes hereinafter referred to as the "Demised Premises") depicted on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fiftyare as depicted by cross-one (6,651) square feet of hatching on the floor area (measuring from (i) the center of the two side demising walls and (ii) the front lease line of the Demised Premises, through the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 plans annexed hereto and made a part hereof. In hereof as Exhibit "A", consisting of approximately _________ (______) square feet of rentable area of office space located in that certain office building containing approximately one hundred fifty seven thousand five hundred eighty four (157,584) square feet of rentable area (the event, within sixty "Building") situated on the Land (60as defined in Paragraph l(a) days after commencement of the term of this Lease) at the location commonly identified as 000 Xxxxxx Xxxxx Xxxxx, either party Xxxxxxxx Xxxxx, Xxxxxxxx, as shown on the site plan attached hereto finds as Exhibit "B". Landlord and Tenant agree that Tenant may from time to time effect changes to the actual floor area size and location of the Demised Premises differs subject to the following conditions and procedures: (i) Tenant may not increase or decrease the Demised Premises by more than an aggregate of ten percent (10%) of the existing square footage of the Demised Premises, (ii) Tenant shall provide Landlord with not less than ten (10) square feet or more from days prior written notice of its intent to change the floor area Demised Premises, which notice shall specify the location, size and (in the case of adding new space) the proposed use of the space, and the date on which such change shall be effective, (iii) Landlord may in its sole discretion reject a proposed change within ten (10) days of its receipt, and (iv) no portion of the Building shall be eligible for addition to the Demised Premises under this provision unless such space is (x) unoccupied and not subject to any existing lease by Landlord, and (y) adjacent to the existing Demised Premises. Except as expressly set forth hereinabove and such difference is confirmed herein-above, no change in the actual occupancy or use of portions of the Building or the Land by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall effect a change in the Demised Premises or in the number or location of the parking spaces in the Parking Area designated for Tenant's exclusive use hereunder, unless the parties execute an appropriate amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "within twelve (12) months after such change in occupancy or use.

Appears in 1 contract

Samples: Lease Agreement (Avis Rent a Car Inc)

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