Demised Premises. The demised premises consisting of the entire sixth floor of the building (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant to the Premises, the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenant.
Appears in 3 contracts
Samples: Assignment, Assumption, Amendment and Consent, Assignment, Assumption, Amendment and Consent (Paratek Pharmaceuticals, Inc.), Assignment, Assumption, Amendment and Consent (Paratek Pharmaceuticals Inc)
Demised Premises. The demised premises consisting of the entire sixth floor of the building 2.01. Landlord leases to Tenant and Tenant leases from Landlord certain office space (hereinafter “called the "Demised Premises") in a nine-story office building currently being renovated (the "Building”") located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown situated on certain land more particularly described by metes and bounds in Exhibit A attached heretohereto (the "Land") leased by Landlord at 0000 Xxx Xxxxx Xxxx in Raleigh, containing 15,088 North Carolina. The Demised Premises consists of the square feet of rentable floor area in the Building disclosed on Schedule I attached to this Lease and made a part hereof (hereinafter called "Schedule I"), all of said space being shown on Exhibit B attached hereto. All calculations of the “Premises”). Said Building contains an aggregate total rentable area of 211,232 the Demised Premises and the Building shall be made in accordance with the BOMA Standard of Measuring Floor Area of Office Buildings (reprinted in August, 1990). Rentable square feet. Tenant shall have, as appurtenant to feet for any tenant space which constitutes all of the Premises, the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) available office space on any floor in the Building and shall be as set forth in Exhibit X-x attached hereto. Landlord, at its expense, shall provide Tenant with the Base Building items set forth on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants Exhibit C-l
2.02. The Demised Premises consist of the Building unfinished interior office space in the Building. Landlord, at its expense, shall provide Tenant with the "Base Building" items set forth on Exhibit C-l. Landlord, at Tenant's cost, shall also install the items and perform the work (collectively "upfitting") specified in the plans and upfitting requirements set forth in Exhibit C; however, Landlord shall provide Tenant with an upfitting allowance to subsidize Tenant's upfitting cost as may specified in Schedule I. All work shall be designated from time performed in accordance with the provisions of Article XVI
2.03. Prior to time occupancy of the Demised Premises by the Tenant, Landlord (subject to the last sentence and Tenant shall enter into a supplement of this paragraph)Lease in the forth attached hereto as Exhibit D setting forth the exact measurements of the Demised Premises calculated as provided hereinabove, the Commencement Date and (b) Expiration Date of the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, term of this Lease as provided in Section 23B hereof, provided such rules Article IV and regulations shall not materially interfere with Tenant’s Permitted Use the exact amount of the Annual Minimum Rent (hereinafter defined) and monthly installments of minimum rent required in accordance with Article V herein, with such terms, conditions and provisions being consistent with the terms set forth in this Lease as of the Premisesdate hereof.
2.04. Landlord reserves Exhibits A, B, X-x, C, X-x and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises D and Schedule I mentioned above and Exhibit E mentioned hereafter are the exterior walls attached hereto and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, incorporated herein by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenantthis reference.
Appears in 3 contracts
Samples: Lease (Bti Telecom Corp), Lease (Bti Telecom Corp), Lease (Bti Telecom Corp)
Demised Premises. The demised premises consisting 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 entire sixth floor two side demising walls and (ii) the front lease line of the building (hereinafter “Building”) located at 00 Xxxxxxxx XxxxxxDemised Premises, Bostonthrough the rear wall), Massachusetts, which demised premises are commonly known as suite 3800 on level 3 as shown on Exhibit A A-1 attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant to the Premises, the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants hereto of the Building as may be designated from time to time by multi-level structure (the Landlord (subject to the last sentence of this paragraph"Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) bounds description of the PremisesShopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. Landlord reserves and shall have In the unrestricted right to change the locationevent, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon within sixty (60) days prior notice 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, without liability including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to Tenant.the floor area set forth hereinabove. The term "
Appears in 2 contracts
Samples: Lease Agreement (Silicon Entertainment Inc /Ca/), Lease Agreement (Silicon Entertainment Inc /Ca/)
Demised Premises. 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the term and upon the terms, conditions, covenants and agreements hereinafter provided, the Premises. The demised premises consisting Premises consist of space which: (i) is located on the floor or floors of the entire sixth floor Building as is specified in Item B(1) of the building Basic Lease Provisions, (hereinafter “Building”ii) is located at 00 Xxxxxxxx Xxxxxxin one or more areas or parts of each such floor, Bostonand (iii) is bounded by the proposed or existing demising walls therefor, Massachusetts, which demised premises are the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A attached hereto, containing 15,088 and made a part hereof. The Premises is to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premises, as determined by Landlord, for identification purposes only, is specified in Item B(1) of rentable floor area the Basic Lease Provisions (hereinafter the “Premises”"Rentable Area"). Said The lease of the Premises includes the right, together with other tenants of the Building contains an aggregate total rentable area and members of 211,232 square feetthe public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein. Tenant Landlord shall havefinish the Premises as set forth in Exhibit B attached hereto and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to make, as appurtenant any alterations, decorations, additions or improvements in or to the Premises, the non-exclusive right and easement structural or otherwise, except as set forth in Exhibit B. Landlord agrees to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size deliver possession of the Premises or materially adversely affect Tenant’s use of to Tenant and Tenant agrees to accept the Premises for the Permitted Use. EXCEPTED AND EXCLUDED same from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if upon written notice from Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenantthat Landlord's work in the Premises described in Exhibit B has been substantially completed.
Appears in 2 contracts
Samples: Lease Agreement (Radvision LTD), Lease Agreement (Radvision LTD)
Demised Premises. Lessor, for and in consideration of the rents herein reserved and of the covenants and agreements herein contained on the part of the Lessee to be kept, observed and performed, demises and leases to the Lessee the land and building described in Exhibit “A.” The demised premises land and building described in the Exhibits are hereinafter referred to as the “premises” or the “Demised Premises”. Lessee agrees to accept the Demised Premises in “AS IS” condition.
2.1.1 Lessor has been informed that Lessee plans to undertake Material Improvements (as defined herein) to the Demised Premises consisting of the entire sixth floor expansion of premises and/or other improvements costing approximately Five Million Dollars ($5,000,000). Lessor acknowledges that Lessee’s covenant to make these or other improvements which add similar value to the building are a material inducement to entering into this Lease. As set forth in detail herein, Lessor agrees to cooperate reasonably with Lessee to accommodate any such expansion, and Lessor hereby approves the conceptual plan attached hereto as Exhibit C (hereinafter the “BuildingLessee Improvements”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter and agrees that except for the “Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant to the Premises, the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use Required Removables (hereinafter defined) ), Lessee shall not be required to remove or restore the Lessee Improvements upon the expiration of the Premises. Landlord reserves and shall have Lease term; provided, however, that Lessor’s consent to the unrestricted right Lessee Improvements remains subject to change the location, size or character of any Lessor’s approval of the Common Facilitiesdetailed plans and specifications, provided such changes do which approval shall not materially decrease be unreasonably withheld, conditioned or delayed. “Required Removables” shall mean any interior partitions (as described in the size second bullet point of item number 2 of the Premises or materially adversely affect Tenant’s use List of Improvements section of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED letter from the Premises are The Richmond Group attached hereto as Exhibit D) and the exterior walls perimeter security fence and any space currently or associated gates (if same does not materially decrease as described in the size third bullet point of item number 3 of the Premises or materially adversely affect Tenant’s use List of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means Improvements section of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premisessaid letter). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenant.
Appears in 1 contract
Demised Premises. The demised 1.1 Landlord is fee simple owner of the Property and hereby leases to Tenant and Tenant hereby rents from Landlord the following 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 entire sixth floor of parties have deemed to be 8,000 rentable square feet, as is more particularly described or depicted on the building attached Exhibit “A” (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the Premises” or “Demised Premises”). Said Building contains an aggregate total rentable area 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 acknowledge that Suite 204 is currently subject to a lease with a third party, and agree that upon expiration or other termination of 211,232 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. Tenant , and confirming that all other terms and provisions of this Lease, including but not limited to termination date and any right of option to renew by Tenant, shall have, as appurtenant remain unchanged and in full force and effect.
1.2 The Premises are demised and let subject to the Premises, the non-exclusive right and easement to use in common with others entitled thereto following:
(a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants existing state of the Building as may be designated from time to time by the Landlord (subject title to the last sentence of this paragraph), Premises and the real property upon which the same are situated;
(b) the pipesall zoning, ductsrestrictions, conduitsrules and ordinances, utility linesbuilding or use restrictions, wires, sewerage system and appurtenant equipment serving the Premisesother laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction thereof. Tenant’s rights hereunder shall always be subject Landlord has not made and does not make any representations or warranties with respect to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size condition of the Premises or materially adversely affect Tenant’s use of their fitness or suitability for any particular use; and
(c) the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls additional terms and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenantconditions hereof.
Appears in 1 contract
Demised Premises. The demised premises consisting Commencing on the date that Landlord delivers to Tenant possession of the entire sixth floor Additional Expansion Space (the “Additional Expansion Space Delivery Date”), with Landlord’s Work therein Substantially Complete (as set forth in Section 5 below), and continuing thereafter during the remainder of the building Current Term and the Extended Term (hereinafter collectively referred to as the “BuildingTerm”) located of the Lease, Section 1(A) of the Lease is hereby modified and amended to provide that the Demised Premises shall include the Additional Expansion Space in addition to the Original Premises. Landlord does hereby lease unto Tenant, and Tenant does hereby take and rent from Landlord, commencing as of the Additional Expansion Space Delivery Date, the Additional Expansion Space pursuant to the Lease as hereby amended. Landlord shall provide Tenant with at 00 Xxxxxxxx Xxxxxxleast fifteen (15) days written notice prior to the Additional Expansion Space Delivery Date. As of the Additional Expansion Space Delivery Date, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet the Original Premises together with the Additional Expansion Space shall for all purposes and provisions of rentable floor area (hereinafter the Lease collectively be referred to as the “Demised Premises” or the “Premises”)” and shall be deemed to contain 32,805 rentable square feet, all as more particularly shown and outlined on the drawing of said Demised Premises attached hereto as Exhibit “B” and made a part hereof.
2.1 Tenant agrees to execute and return to Landlord within fifteen (15) days of receipt a statement furnished by Landlord acknowledging Tenant’s acceptance of Landlord’s delivery of possession of the Additional Expansion Space and setting forth the actual Additional Expansion Space Delivery Date and commencement of all of Tenant’s covenants and obligations under the Lease as to the Additional Expansion Space, and changes, if any, in the rental schedule set forth in Section 3 below. Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant statement shall have, as appurtenant be similar in form to the Premises, the non-exclusive right Certificate attached hereto as Exhibit “D” and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence made a part of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to TenantAmendment.
Appears in 1 contract
Demised Premises. The demised LANDLORD hereby demises unto TENANT and TENANT hereby leases from LANDLORD, for the term and specifically upon the terms and conditions set forth in this Lease, the premises consisting 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 an area of the entire sixth floor of the approximate square feet within a one story building (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown described on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area the FACE PAGE (hereinafter the “Demised Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant to the Premises, the non-exclusive right The boundaries and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants 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 as may be designated from time Exhibit A (the “Building Site Plan”). The boundaries and location of the 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 (the “Shopping Center Site Plan”). The purpose of the Building Site Plan and the Shopping Center Site Plan is to time by show approximate location of the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Demised Premises. Tenant’s rights hereunder This Lease Agreement, pursuant to which TENANT occupies the Demised Premises, shall always be subject to the reasonable rules Construction, Operating and regulations from time to time established by LandlordReciprocal 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 provided 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”), to the extent applicable. LANDLORD shall, at its cost and expense, construct the Demised Premises for TENANT’S use and occupancy in Section 23B accordance with plans and specifications prepared by LANDLORD or LANDLORD’S architect, described in Exhibit C, “Landlord’s Work”, attached hereto and made a part hereof. TENANT shall at its cost and expense perform the work needed to finish the Demised Premises for its use in accordance with Exhibit D, provided such rules and regulations shall not materially interfere with “Tenant’s Permitted Use (hereinafter defined) of the PremisesWork”, attached hereto and made a part hereof. Landlord reserves Any work and shall have the unrestricted right material in addition to change the location, size or character of any of the Common Facilities, items specifically enumerated in said Exhibit D shall be paid for and provided such changes do not materially decrease the size of the Premises by TENANT at its own cost and expense. Any equipment or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently work other than those items specifically enumerated in said Exhibit D which LANDLORD or (if same does not materially decrease the size of the Premises LANDLORD’S contractor installs or materially adversely affect Tenant’s use of the Premises for the Permitted Use) constructs in the future necessary Demised Premises on TENANT’S behalf shall be paid for by TENANT prior to installthe date when TENANT opens its store for business. LANDLORD shall not be obligated to commence or to complete the construction within any particular period of time. However, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways if construction has not commenced on or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises before the Construction Commencement Date (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry as stated on the Premises 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 such installation, maintenance or operation or this Lease upon receipt by Landlord of a building permit for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with TenantLandlord’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address Work and the name completion date is Estimated Completion Date (as stated on the FACE PAGE) unless due to events beyond the control of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to TenantLANDLORD.
Appears in 1 contract
Demised Premises. The demised premises consisting (1) If the whole of the entire sixth floor Demised Premises shall be taken by any public or quasi-public authority under the power of eminent domain, condemnation or expropriation or in the event of a conveyance in lieu thereof, then this Lease shall terminate on the date when Tenant is required to yield possession thereof
(2) If less than twenty-five (25%) percent of the building (hereinafter “Building”) located at 00 Xxxxxxxx XxxxxxDemised Premises shall be so taken or conveyed, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant then this Lease shall have, terminate only as appurtenant to the Premises, the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants part taken or conveyed as of the Building as may be designated from time date Tenant is required to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereofyield possession thereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. that Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right to provide alternate space within the Building to increase the balance of access the Floor Area of the Demised Premises to the Floor Area described in Article 1.
(3) If more than twenty-five (25%) percent of the Demised Premises shall be so taken or conveyed and entry on the Premises such partial taking or conveyance shall render that portion not so taken or conveyed unsuitable for the purposes of such installationpurpose for which the Demised Premises were leased, maintenance and Landlord is unable or operation elects not to provide alternate space within or for the purposes of making repairs, alterations or additions to the Premises or in close proximity to the Building if Landlord so elects. Except in cases to increase the balance of emergency, Landlord shall exercise the foregoing rights upon reasonable notice Floor Area of the Demised Premises to the Floor Area described in Article 1, then Landlord and Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves shall each have the right to change terminate this Lease by written notice given to the street address and the name of the Building at any time and from time to time upon other within sixty (60) days prior notice of the date Tenant is required to surrender possession of the part so taken or conveyed.
(4) If any part of the Demised Premises is so taken or conveyed, and the Lease is not terminated as set forth above, then (a) this Lease shall continue in full force and effect, except that the Minimum Rent and other rent (including reimbursements under Articles 4. 15 and 18) payable to Landlord shall be reduced in the same proportion that the Floor Area of the Demised Premises so taken or conveyed (after deducting all additional floor area provided by Landlord) bears to the original Floor Area, such reductions commencing as of the date that Tenant is required to surrender possession of the part taken or conveyed; and (b) Landlord shall upon receipt of the award in condemnation or the consideration for a conveyance made in lieu of condemnation diligently make all necessary repairs or alterations to restore that portion of the Demised Premises remaining as near to its former condition as the circumstances will permit, and to the Building to the extent necessary to constitute the portion of the Building not taken as a complete architectural unit; provided, however, that Landlord in any event shall not be required to spend for such repair and alteration work an amount in excess of the amount received by Landlord as damages for the taking of such part of the Demised Premises exclusive of the portion of such damages attributable to the then current market value of the land taken or condemned and after deducting the cost of collecting such damages, and Tenant, without liability at Tenant's expense, shall, to the extent of any recovery therefor, make all necessary repairs and alterations to, and restoration of, Tenant's fixtures, floor covering, furniture, equipment, signs and contents.
(5) If more than twenty (20%) percent of the floor area of the Building shall be taken or conveyed as aforesaid, notwithstanding the fact that the Demised Premises is not so taken or conveyed and notwithstanding anything to the contrary set forth above, Landlord shall have the right, at its option, to be exercised by notice in writing to terminate this Lease effective, at its option, either upon the date title vests in the condemning authority, or upon the date Landlord is required to deliver possession of the part taken or conveyed.
(6) As used in this Article, the amount received by Landlord, as compensation for any such taking or consideration for any such conveyance shall mean that portion of the award in condemnation or consideration for such conveyance received by Landlord from such condemning authority which is free and clear of all prior claims or collections by the holders of any mortgages or other security interest.
(7) As used in this Article, "Demised Premises" and "portion of Demised Premises" shall not include fixtures, floor covering, furniture, equipment, signs and contents of Tenant, but this shall not limit Tenant's obligation above.
Appears in 1 contract
Demised Premises. 1.1 The demised premises consisting Landlord shall let and the Tenant shall take for the Term (as defined in Clause 3) at the Base Rent (as defined in Clause 4), Service Charge (as defined in Clause 4), A&P Charges (as defined in Clause 4) and (where applicable) Additional Rent (as defined in Clause 4) and upon the covenants and conditions herein set out in respect of the entire sixth floor premises as more particularly described in paragraph 1 of Schedule 1 and delineated and coloured red on the plan annexed hereto in Schedule 2 (for the purpose of identification only) (“Demised Premises”) with an area set out therein subject to the Landlord’s final survey (if any) being part of the building Station as stated in paragraph 2 of Schedule 1 (hereinafter “BuildingStation”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter together with the “Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. right for the Tenant shall have, as appurtenant to and others duly authorised by the Premises, the non-exclusive right and easement to use Tenant in common with the Landlord and all others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time so authorised by the Landlord (and all others so entitled thereto at all times during the Term for all purposes connected with the permitted use of the Demised Premises but not for any other purposes.
1.2 This letting is subject to the last sentence following rights of this paragraph)the Landlord and SMRT and their respective authorised persons:
(i) to run the utilities and air-conditioning services (if any) and other services through the conducting media in the Demised Premises;
(ii) to erect scaffolding for renovating, retrofitting, refurbishing, altering, repairing, cleaning or painting the Demised Premises even if the scaffolding temporarily restricts access to or the use and enjoyment of the Demised Premises; and
(biii) to enter the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject Demised Premises according to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) provisions of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any Sub- Lease.
AREA 2.1 The Area of the Common Facilities, provided such changes do not materially decrease Demised Premises is described in paragraph 1 of Schedule 1. The Parties agree that:
(i) before the size Area of the Demised Premises or materially adversely affect Tenant’s use is determined by the Surveyor, the Area shall be known as the Estimated Floor Area; and
(ii) upon determination of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size Area of the Demised Premises or materially adversely affect Tenant’s use of by the Premises for Surveyor, all references to Area in this Lease shall be known as the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to TenantAgreed Floor Area.
Appears in 1 contract
Samples: Lease Agreement
Demised Premises. The demised premises consisting 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, a separate commercial premise in the main lobby of the entire sixth floor of the building (hereinafter “Building”) Property generally located at 00 Xxxxxxxx Xxxxxx3645 Xxx Xxxxx Xxxxxxxxx Xxxxx, BostonXxx Xxxxx, MassachusettsXxxxxx 00000, which demised premises are shown xxnsisting of approximately four hundred (400) square feet, as more particularly depicted on Exhibit A "A" attached hereto, containing 15,088 square feet of rentable floor area plus all fixtures, equipment and property located therein or thereon (hereinafter collectively, the “"Premises”"). Said Building contains an aggregate total rentable area Landlord reserves to itself the use of 211,232 square feet. Tenant shall have, as appurtenant to the Premises, the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entrancewaysroof, exterior spaceswalls and the area above and below the Premises together with the right to install, common washrooms maintain, use, repair and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), replace and (b) the pipes, ducts, conduits, utility lineswires and structural elements now or in the future leading through the Premises and which serve other parts of the Property.
1.2 In the event of a substantial renovation of the main lobby of the Property, wiresLandlord shall have the right, sewerage system and appurtenant equipment serving in its sole discretion, to relocate the Premises. Tenant’s rights hereunder shall always be subject leased Premises to another location within the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereofProperty, provided that the area of such rules location shall be approximately equal in size to that of the original location and regulations exposed to reasonably equivalent pedestrian traffic. In connection with any relocation under this paragraph, Landlord shall not materially interfere bear the expense of providing wall and floor coverings, a reasonably number of electrical outlets and a telephone line at the new location, all according to Landlord's design specifications. Tenant shall bear all other relocation expenses. In connection with any such relocation, Landlord shall reimburse Tenant for the unamortized cost of Tenant’s Permitted Use (hereinafter defined) 's leasehold improvements, based on a straight line amortization over the term of the Lease.
1.3 Landlord may, in connection with any remodeling of all or any portion of the Property, change the dimensions or reduce the size of the Premises; provided, however, that if a reduction in size of the Premises would reduce the Premises to less than four-fifths (4/5) of their original size, and Tenant determines that as a result thereof the remaining portion of the Premises will not be suitable for the purpose for which Tenant has leased said Premises, Tenant may, at its option (i) terminate this Lease by written notice to Landlord given within thirty (30) days after the Landlord notifies Tenant of Landlord's intention to remodel, or (ii) require Landlord to relocate the Premises in the manner set forth in section 12 above. Within thirty (30) days following receipt of Tenant's notice thereof, Landlord reserves and shall have shall, at its option, either rescind the unrestricted right Landlord's intention to remodel in a manner that would change the location, size dimensions or character of any of the Common Facilities, provided such changes do not materially decrease reduce the size of the Premises (in which event Tenant's termination notice is of no effect and this Lease shall continue) or materially adversely affect Tenant’s use shall agree to relocation of the Tenant pursuant to Section 1.2 hereof. In the event of any remodeling pursuant to this Section 1.3, Landlord shall repair any damage to the Premises caused thereby. In connection with any such remodeling, or any relocation pursuant to Section 1.2, Landlord may require Tenant to cease conducting business from the Premises for a period not in excess of thirty (30) days. The rent payable hereunder shall be abated during any such period that Landlord requires Tenant to cease conducting business and Tenant shall be entitled to a reduction in rent in an amount equal to that proportion of the Guaranteed Minimum Rent (as hereinafter defined) which the number of square feet taken away in the remodeling bears to the original number of square feet of the Premises.
1.4 Landlord shall only be obligated to provide the Premises to Tenant in a completely undecorated condition, as is, with bare walls and floors, electrical service to a panel, exterior door and store front; provided, however, Landlord shall also remodel and relocate the front wall of the Premises for in accordance with the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size plans described in Exhibit "B" attached hereto prior to delivery of the Premises to Tenant. Tenant acknowledges that it has inspected the Premises and accepts the Premises in "as is" condition. Tenant shall be responsible, at its sole cost, for decorating, fixturizing, and equipping the interior of the Premises, including, but not limited to, floor and wall coverings, duct work for distribution of air conditioning and heating within the Premises, electrical wiring from the panel indicated above, furnishings, decorations, light fixtures and interior doors. Tenant will furnish, equip, and decorate the Premises with all new and modern equipment and agrees that the proposed furnishings, fixtures, floor and wall covering, decor, architectural layout and color scheme for the Premises shall be subject to the prior written approval of the Landlord and in accordance with the approved Tenant's Plans (as hereinafter defined).
1.5 Within thirty (30) days after the execution of this Lease by both parties, Tenant shall submit to Landlord one (1) reproducible set of plans and specifications of all of the improvements Tenant proposes to construct within the Premises, which shall include a schedule of fixtures, furnishings and equipment to be installed or materially adversely affect Tenant’s use provided as part of the Premises for signage specifications and a description of planned decoration (the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises"Tenant's Plans"). Landlord shall notify Tenant within twenty (20) days after receipt of a complete set of Tenant's Plans whether Landlord approves of Tenant's Plans and, if it does not fully approve of them, the respects in which they are not found acceptable. Within ten (10) days after receipt of any such notice of disapproval, Tenant shall cause Tenant's Plans to be revised to correct those matters of which Landlord disapproved and shall prepare final Tenant's Plans based upon Landlord's notice and resubmit the same to Landlord. Upon final approval of Tenant's Plans by Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance whether in original or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergencyrevised form, Landlord shall exercise initial and return one set of the foregoing rights upon reasonable notice approved Tenant's Plans to the Tenant and the same shall become incorporated in such this Lease by this reference and made a manner part hereof as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice Exhibit "A." Any changes to Tenant, without liability to 's Plans shall be at Tenant's sole cost and expense.
Appears in 1 contract
Demised Premises. 1.1.1 The demised premises consisting “Demised Premises” are composed of, among other rights and interests:
(a) All of the entire sixth floor of the building (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown land more particularly identified on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “PremisesOwned Land”). Said Building contains an aggregate total rentable area , including all of 211,232 square feet. Tenant shall havethe ski terrain located thereon and currently used in the operation of the Canyons Resort, together with all Improvements now or hereafter located thereon;
(b) The Relocation Replacement Premises, if any;
(c) The Appurtenances:
(d) The Condominium Units, as more particularly identified on Exhibit B, in which the village and commercial lodging facilities at Silverado Lodge, Grand Summit Resort Hotel and Sundial Lodge are each located; and
(e) From and after the date on which, if at all, Landlord and Tenant execute the PCMR Demising Amendment, the PCMR Property.
1.1.2 Landlord shall, if requested by Tenant, execute and deliver such further documents and instruments as may be reasonably necessary to confirm and vest in Tenant the rights of Landlord in and to all Appurtenances, including any assignment of declarant rights, any notice of assignment of rights and any other similar instruments required to effectively grant Tenant the same rights of Landlord in, under and to such Appurtenances (but only to the extent relating and/or appurtenant to the Resort Property), subject to this Lease and the other Transaction Documents. If a particular Appurtenance relates to or is appurtenant to both the Resort Property and the Reserved Landlord Estate and may not be clearly severed so as to allocate the rights appurtenant to the Resort Property to Tenant and the rights appurtenant to the Reserved Landlord Estate to Landlord, then Tenant and Landlord shall cooperate in good faith so as to provide both Tenant and Landlord with an equitable allocation of the benefits of such Appurtenances, subject, however, to the terms of this Lease and the other Transaction Documents. Each of Tenant and Landlord acknowledge and agree that the other Transaction Documents allocate in detail certain Appurtenances to Tenant, Landlord and/or their Affiliates. Nothing in this Section shall modify, alter or amend the terms of those Transaction Documents.
1.1.3 If at any time, Landlord or Tenant reasonably determines that the description of the Demised Premises is deficient and/or incorrect and does not include the rights and property interests intended to be leased to Tenant pursuant to the Transaction Agreement or that the Business Assets conveyed to Tenant do not comprise the rights and property interests intended to be conveyed to Tenant pursuant to the Transaction Agreement, then Landlord shall, (x) if Landlord or its Affiliate owns such rights or property interests, cause such rights to be conveyed to Tenant or added to the Demised Premises (even if such property interests are part of the Reserved Landlord Estate), and, (y) if requested by Tenant within the applicable survival period under Section 8.1(c) of the Transaction Agreement, if Landlord does not own such rights or property interests, then, without limiting any remedies Tenant may have under the Transaction Agreement, Landlord shall cooperate with Tenant and undertake commercially reasonable efforts to cause such rights to be acknowledged or property interests to be conveyed to Tenant or leased by the applicable third-party to Tenant or otherwise added to the Demised Premises, provided that Landlord shall not be required to expend any monies or bring any legal actions with respect to any request under clause (y) to the non-exclusive right and easement extent such insufficiency is not a breach of Section 3.4 of the Transaction Agreement.
1.1.4 For the avoidance of doubt, the Demised Premises shall not, subject to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) Tenant’s rights in the Building and on the land on which it is located Easements Properties, include (said Building and land are hereinafter “Landlord’s Property”i) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants any portions of the Building Reserved Landlord Estate, as may be designated more particularly described on Exhibit C, which is hereby expressly excluded from time to time by the Demised Premises and reserved unto Landlord (subject to the last sentence of this paragraph)and/or its Affiliates, and (bii) any unused Density (as defined in the pipesCanyons SPA Development Agreement) appurtenant to the Demised Premises.
1.1.5 The Demised Premises expressly include all airspace above the surface, ductsand all air rights, conduitsappurtenances and hereditaments pertaining to the same, utility linesbut specifically exclude all minerals, wiresmineral rights, sewerage system mineral interests, mining claims, water, water rights, water stock and interests appurtenant equipment serving to the Premises. TenantDemised Premises which are expressly reserved by and unto Landlord, provided, however, that Landlord’s rights hereunder access to, use of or extraction of any minerals from the Demised Premises during the Term shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenant8.2 below.
Appears in 1 contract
Demised Premises. The demised premises consisting 1.1. Sublessor hereby sublets to Sublessee, and Sublessee hereby sublets and hires from Sublessor, the Demised Premises, together with the non- exclusive right to use the common areas of the entire sixth floor Property and such other rights as are necessary or desirable to provide Sublessee with substantially the same rights and benefits as have been generally afforded to and enjoyed by Sublessor prior to the date hereof (including, without limitation, rights of ingress and egress, parking consistent with past practice, and access to public and private utilities) for the sublease term hereinafter stated and for the Rent (as hereinafter defined) set forth herein, upon and subject to all of the building terms and provisions hereinafter provided or incorporated in this Sublease by reference.
1.2. Sublessor shall deliver the Demised Premises on the Commencement Date free of debris and broom clean and Sublessee agrees to accept the Demised Premises on the Commencement Date (as hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxxdefined). Notwithstanding the foregoing, Boston, Massachusetts, which demised premises are shown Sublessor shall use its continuous and diligent effort to complete the Sublessor's work as described on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area hereto (hereinafter the “Premises”"Sublessor's ----------- Work"). Said Building contains an aggregate total rentable area Sublessor shall be responsible for curing any violation that results ---- from or arises out of 211,232 square feetSublessor's Work within a reasonable time of notice of such violation. Tenant Within 30 days after completion of the * CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Sublessor's Work and delivery of a certificate of occupancy to Sublessee, Sublessor shall havesubmit to Sublessee a detailed invoice and proof of payment therefor for the cost of Sublessor's Work; provided, that Sublessor, Sublessee and the architect (and/or contractor) shall meet on a periodic basis or at such times as appurtenant Sublessee may request to review the progress and the cost of Sublessor's Work, with the intent to monitor and limit the cost of the Sublessor's Work not to exceed $42,000. Thereafter, in addition to the Premisesmonthly installments of Rent due hereunder, Sublessee shall pay to Sublessor, in equal monthly installments, at the non-exclusive right same time and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and same manner that Rent is due hereunder, an amount sufficient to fully amortize the cost of the Sublessor's Work over a five year period together with interest at a rate of 7% per annum on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants outstanding balance of the Building as may be designated from time to time by cost of Sublessor's Work. Sublessee acknowledges and agrees that upon the Landlord (subject to the last sentence termination of this paragraph)Sublease as a result of its default hereunder or its election to terminate, Sublessee shall be obligated to pay in full the then outstanding principal balance and (b) accrued and unpaid interest for the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) cost of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to TenantSublessor's Work.
Appears in 1 contract
Samples: Sublease (Ryder TRS Inc)
Demised Premises. The demised premises consisting of (A) Tenant may elect to add the entire sixth floor of New Expansion Space to the building 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 (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusettsto be constructed by Landlord), which demised premises are shown on Exhibit A attached heretoshall contain, containing 15,088 at Tenant’s election, as provided for hereinafter, either approximately 10,000 square feet of rentable floor area (hereinafter 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”). Said Building contains an aggregate , and the total rentable area square footage thereof is to be confirmed by the parties pursuant to a Commencement Date Memorandum to be executed following the Effective Date; provided, however, that New Expansion Space greater than approximately 20,000 square feet shall be subject to: (i) the approval of 211,232 square feet. Tenant Landlord, which approval Landlord shall havenot unreasonably withhold (it being agreed to, as appurtenant however, that it shall not be deemed unreasonable for Landlord to withhold its approval if the Premises, design and configuration of the non-exclusive right New Expansion Space is inconsistent with the use and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants character of the Building as may a manufacturing/industrial warehouse); and (ii) Landlord’s reasonable determination that it will be designated able to obtain necessary approvals and authorizations for such expansion from time to time by the Landlord local governmental authorities having jurisdiction. If Tenant, in its sole and absolute discretion (but subject to the last sentence of this paragraphforegoing conditions if the New Expansion Space will be greater than approximately 20,000 square feet), and (b) elects to add the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject New Expansion Space to the reasonable rules and regulations from time to time established by LandlordDemised Premises, as provided in Section 23B hereofthen on or before October 1, provided such rules and regulations 2008, Tenant shall not materially interfere with Tenant’s Permitted Use provide Landlord written notice (hereinafter definedthe “Tenant Notice”) of its election to add the Premises. Landlord reserves New Expansion Space to the Demised Premises and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease specifying the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted UseNew Expansion Space. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to With the Tenant Notice, Tenant shall deposit with Landlord the sum of $200,000.00 (the “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 such a manner as not to interfere unreasonably accordance with Tenant’s use of the Premises between the hours of 8:00 a.m. paragraphs 2(B) and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays 3(C) below (hereinafter collectively, the “Business HoursSpace Plan Costs”). Landlord Without limitation, 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 Execution Date. In the event Tenant fails to timely provide the Tenant Notice, then this Amendment automatically shall become null and void, ab initio, and of no further reserves force or effect.
(B) If Tenant timely provides the right to change the street address and the name of the Building at any time and from time to time upon Tenant Notice, then within sixty (60) days prior notice after Landlord’s receipt of the Tenant Notice and the Space Plan Costs Deposit, Landlord shall have developed and prepared for Tenant’s review and approval, in Tenant’s sole and absolute discretion, architectural plans and specifications (collectively the “Space Plan”) detailing the scope and design of the improvements for the New Expansion Space, together with a Budget therefor. Tenant shall have forty-five (45) days following its receipt of the Space Plan and Budget to provide Landlord with written approval of the same or Tenant’s requested changes to the same. In the event Tenant fails to timely provide such approval, or requested changes, then this Amendment 1 automatically shall become null and void, ab initio, and of no further force or effect. In such case, within ten (10) business days after this Amendment becomes null and void, Landlord shall provide Tenant a reconciliation of the actual Space Plan Costs incurred by Landlord and either refund to Tenant any unused portion of the Space Plan Costs Deposit, or submit to Tenant an invoice for costs in excess of the amount deposited by Tenant, which such invoice Tenant shall pay within ten (10) business days after receipt. If Tenant timely provides requested changes, Landlord shall, as quickly as reasonably possible, but in all events within thirty (30) days after its receipt of Tenant’s requested changes, provide to Tenant written responses to Tenant, without liability ’s requested changes and a revised Space Plan and Budget that incorporate Landlord’s responses to Tenant’s requested changes, Tenant shall have ten (10) days after its receipt of Landlord’s written responses and the revised Space Plan and Budget to approve or reject the revised Space Plan and Budget, In the event Tenant fails to timely provide approval of the revised Space Plan and Budget, or rejects the same, then this Amendment shall automatically become null and void, ab initio, and of no further force or effect; and a reconciliation of the Space Plan Costs and Space Plan Costs Deposit shall be provided by Landlord in the same manner as described above, within ten (10) business days after this Amendment becomes null and void. If Tenant timely provides the Tenant Notice and timely provides approval of the Space Plan and Budget or a revised Space Plan and Budget, the New Expansion Space shall be constructed by Landlord in accordance with paragraph 3 below. In such case, the Space Plan Costs Deposit (i.e. $200.000) shall be refunded to Tenant promptly upon Landlord’s receipt of the Letter of Credit provided for in paragraph 17 below.
Appears in 1 contract
Samples: Lease (Gc Net Lease Reit, Inc.)
Demised Premises. The demised premises consisting For and in consideration of the entire sixth floor rent hereinafter reserved and the mutual covenants hereinafter contained, and upon all the terms and provisions of this Lease, (i) Landlord does hereby lease and demise unto Tenant, and Tenant does hereby lease and accept from Landlord the premises (the "Demised Premises") known as Unit C (as crosshatched on Exhibit "A" attached hereto and incorporated herein), located within a building (the "Building") at 9000 Xxxxx Xxxxx, XxXxxx, Xxxxxxxx which is situated on the land ("Land") described or depicted on Exhibit “B” attached hereto and incorporated herein (the Building, the Land and any other improvements from time to time situated thereon being hereinafter referred to collectively hereinafter from time to time as the "Property") and (ii) Landlord also grants to Tenant a non-exclusive right to use, in common with other tenants of the building Building (hereinafter “Building”) and the employees, guests and other invitees of such tenants), all driveways and curb cuts located at 00 Xxxxxxxx Xxxxxxon the Land and other common areas of the Property (collectively, Boston, Massachusetts, which demised premises are shown "Common Areas"). Tenant shall have the exclusive right to use only the 172 car parking spaces and 24 truck parking spaces depicted on Exhibit A “A” attached hereto, containing 15,088 square feet of rentable floor area hereto as the “Cxxx. Levy Parking Area” (hereinafter the “PremisesTenant Parking Area”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant to the Premisesparking for its employees, the non-exclusive right customers and easement other invitees, however, Tenant, its employees, customers and other invitees shall not be permitted to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and any other parking areas on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be right to use the Common Areas and Tenant Parking Area for the purposes intended is subject to the and conditioned upon Tenant’s compliance with such reasonable rules and regulations as may be established from time to time established time. Tenant shall not interfere with the rights of any or all of Landlord, other tenants or licensees, or any other person entitled to use the Common Areas or other parking areas serving the Building. Without limitation of the foregoing, Tenant shall not park or store any trailers on, or conduct truck loading and unloading activities in the Tenant Parking Area designated for car parking or in the Common Areas in a manner that unreasonably disturbs, disrupts or prevents the use of the Common Areas or other parking areas serving the Building by Landlord, as provided in Section 23B hereofother tenants or licensees or other persons entitled to use the Common Areas or other parking areas serving the Building. Landlord, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) from time to time, may change any or all of the Premises. Landlord reserves and shall have the unrestricted right to change the size, location, size or character nature and use of any of the Common FacilitiesAreas although such changes may result in inconvenience to Tenant, provided so long as such changes do not materially decrease the size of the Premises or materially and adversely affect Tenant’s use of the Premises for Demised Premises. In addition to the Permitted Use. EXCEPTED AND EXCLUDED from foregoing, Landlord may, at any time, close or suspend access to any Common Areas to perform any acts in the Premises Common Areas as, in Landlord’s reasonable judgment, are the exterior walls and any space currently desirable to improve or (if same does not materially decrease the size maintain either or both of the Demised Premises or materially adversely affect and the Property; provided, however, that Landlord shall use reasonable efforts to limit any disruption of Tenant’s use and operation of the Demised Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenantconnection therewith.
Appears in 1 contract
Samples: Industrial Lease Agreement (Source Interlink Companies Inc)
Demised Premises. The demised premises consisting Landlord hereby leases to Tenant and Tenant hereby leases from 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 entire sixth 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 Building shown that is not included in the Premises, together with all second-floor and basement space in the Building (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “"Brewery Premises”"). Said The Brewery Premises includes, without limitation, the first-floor "AREA TO BE ADDED TO ALEHOUSE IF BREWERY LEASE TERMINATED," as designated on the Building contains an aggregate total rentable area 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 211,232 square feet. Tenant the Term (defined at Paragraph II, below), then (a) the Expansion Space shall have, as appurtenant automatically be added to the Premises, effective as of the non-exclusive right 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 easement in effect as of the date of such termination or expiration shall be increased by an amount equal to use the monthly price per square foot then in common with others entitled thereto effect for the Premises (a) common facilities (hereinafter “Common Facilities”) determined by dividing monthly Base Rent by the number of square feet in the Building and Premises before expansion) multiplied by the number of square feet contained in that portion of the Expansion Space located on the land on 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 conditions, including approval by Landlord, that are specified in the Brewery Lease (which it is located (said terms and conditions are incorporated herein by this reference as if fully set forth at this point), effect such improvements and alterations to the Building and land are hereinafter “Landlord’s Property”) including including, without limitation, sidewalksconstructing (and/or demolishing) such demising walls, lobbiesconstructing such entrances, hallwaysand effecting such alterations to the utility systems serving the Building (including, stairwayswithout limitation, entrancewayswiring and electrical systems, exterior spacesplumbing and drain pipes, common washrooms sprinkler systems and such other facilities available sewer lines, and heating, ventilating and air conditioning (HVAC) systems), as may be reasonably necessary to all tenants operate the expanded Premises and the remaining portions of the Building as may be designated from time to time wholly separate premises with dedicated and separately-metered and controlled utility services. For purposes of determining the additional Base Rent payable upon inclusion of the Expansion Space in the Premises, Landlord and Tenant shall calculate the rentable square feet contained within the Premises, as expanded, using standards then prevailing in the rental real-estate industry for retail facilities, by not later than the Landlord (subject date that the Expansion Space is added to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenant.
Appears in 1 contract
Demised Premises. The demised premises consisting of 1.1 Sublessor hereby sublets to Sublessee, and Sublessee hereby sublets and hires from Sublessor, the entire sixth premises (the "Premises") on the 12th floor of the building Building leased to Sublessor under the Master Lease, for the sublease term hereinafter stated and for the Fixed Rent and Additional Rent (both as hereinafter “Building”defined) located at 00 Xxxxxxxx Xxxxxxhereinafter reserved, Bostonsubject to all of the terms and provisions hereinafter provided or incorporated in this Sublease by reference.
1.2 Sublessee agrees to accept the Premises on the Commencement Date (as hereinafter defined) in its "AS-IS" condition on the date thereof. Sublessor has not made and does not make any representations or warranties as to the physical condition of the Premises, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant or any other matter affecting or relating to the Premises.
1.3 Any and all alterations to, work to be performed in or materials to be supplied for the Premises shall be made, performed and supplied by and at the sole cost and expense of Sublessee and in conformance with all of the terms and provisions of this Sublease and the Master Lease.
1.4 On the Commencement Date, Sublessor in consideration of the sum of Five Thousand and 00/100 ($5,000.00) Dollars, payable by Sublessee to Sublessor on such date, shall deliver to Sublessee a xxxx of sale in the form of Exhibit B hereto granting to Sublessee, subject to all the terms and provisions of this Sublease and the Master Lease, all right, title and interest of Sublessor in and to the equipment set forth in said Exhibit and (to the extent the same are on the Premises on the Commencement Date) the furniture, furnishings and other items listed in said Exhibit (all of the foregoing, collectively, the non-exclusive right "Equipment"). Sublessee has inspected the Equipment and easement is satisfied therewith. Sublessor has not made and does not make any representation or warranties as to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants physical condition of the Building Equipment or as may be designated from time to time by whether the Landlord (subject to the last sentence of this paragraph)same is in working order or is fit, suitable or usable for any purpose, and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for Equipment made by Sublessee shall be at Sublessee's sole risk. Upon the Permitted Useexecution of this Sublease, Sublessor and Sublessee shall execute and acknowledge a New Jersey Bulk Sales Tax return with respect to the Equipment, and shall cause the same to be duly filed. EXCEPTED AND EXCLUDED from Sublessee shall pay any sales tax which may be due upon the Premises are the exterior walls and any space currently or (if same does not materially decrease the size transfer of the Premises or materially adversely affect Tenant’s use Equipment to Sublessee. Sublessee shall perform and comply with all of the Premises for the Permitted Use) in the future necessary to install, maintain terms and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use provisions of the Premises between Master Lease regarding the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to TenantEquipment.
Appears in 1 contract
Samples: Sublease Agreement (Mail Com Inc)
Demised Premises. The demised premises consisting Landlord, for and in consideration of the entire sixth floor covenants contained in this Lease and made on the part of Tenant, does hereby demise and lease unto Tenant, and Tenant does hereby lease from Landlord, a portion of the building and land which is located in the City of , County of , State of New York, more particularly described in Exhibit A, (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxxwith the easements and appurtenances described below collectively referred to as "Demised Premises"). The Demised Premises consist of a ground floor space having a frontage of feet fronting on , Bostonhaving a depth of not less than feet, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 and having a total area of not less than square feet (all such lengths measured from the inside or interior walls of rentable floor area (hereinafter such building.) The Demised Premises are more particularly described in the “Premises”). Said Building contains an aggregate total rentable area 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 211,232 square feet. the description contained in Exhibit B, but Tenant shall havenot be obligated to lease less than is described above. Together with all common ways and areas within the building of which the Demised Premises form a part, as appurtenant to the Premises, the non-exclusive right and easement to use together with easements in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants areas of the Building building as Tenant may be designated from time to time by require for incinerator or trash purposes, for loading and unloading Tenant's supplies through the Landlord front and rear of the building, for venting Tenant's equipment (subject to both inside and outside of the last sentence of this paragraphbuilding), and (b) for the pipesinstallation, ductsrepair and maintenance of Tenant's utility lines and HVAC systems, conduitswith access to such lines and equipment, utility lineson the roof and elsewhere, wires, sewerage system throughout the term and appurtenant equipment serving any extension of this Lease. The common areas and other areas of the Premises. building referred to above shall be made available for Tenant’s rights hereunder shall always be subject to the reasonable rules 's use and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) be altered or modified by Landlord without the consent of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenantwhich consent shall not be unreasonably withheld or delayed.
Appears in 1 contract
Samples: Lease Agreement
Demised Premises. The demised premises consisting For and in consideration of the entire sixth floor rent hereinafter reserved and the mutual covenants hereinafter contained, Landlord does hereby lease and 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, at any time during the term of this Lease erected or situated thereon including specifically, but without limitation, a building (hereinafter “the "Building”") to be constructed containing approximately 196,333 square feet of office and warehouse space of which approximately 12,000 square feet shall be office space and to be located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are on the Land as shown on Exhibit A "A-1" attached hereto, containing 15,088 square feet of rentable floor area and all other improvements including all driveways, parking lots, walkways, landscaping and other appurtenances thereto (hereinafter collectively, the “"Demised Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant ") subject only to the Premisesmatters on Exhibit "B" attached hereto (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 Landlord substantially in accordance with the Preliminary Drawings prepared by Smallwood, Reynolds, Stxxxxx & Stxxxxx, attached hereto as Exhibit "A-1) (herein, the non-exclusive right "Site Plan"): Exhibit "A-2" (herein, the "Floor Plan") and easement Exhibit "A-3" (herein, the "Elevation Plan"), and the construction specifications attached hereto as Exhibit "A-4") (herein "Preliminary Construction Specifications"), (the plans and specifications as shown on Exhibit "A-1" through "A-4" are herein, collectively the "Preliminary Plans") and in accordance with the terms of Section 18 hereof. Exhibit to use in common the extent required to cause compliance with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the provisions of applicable law, the Building and improvements comprising the Demised Premises shall be located substantially as shown on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to TenantSite Plan.
Appears in 1 contract
Demised Premises. The demised premises Leased Premises for purposes of this Lease shall be the area shown on Exhibit "A" which shall be deemed to consist of the following leasable square footage: First Floor - 29,568 rentable square feet; Second Floor - 14,126 rentable square feet; and Sky Walk - 761 rentable square feet. Effective July 1, 1998, Tenant shall also lease from Landlord the "Expansion Space" consisting of 5,081 rentable square feet located on the entire sixth Second Floor, East Tower of the Building. After addition of the Expansion Space, the term "Leased Premises" as used herein shall be deemed to include the Expansion Space, and the rentable area of the Premises shall be increased by the rentable area of the Expansion Space and Tenant's proportionate share shall be increased to account for the increase in the rentable area of the Leased Premises. Landlord shall provide Tenant with written notice of the exact location of the Expansion Space on or before March 31, 1998. Landlord will provide Tenant a finish allowance for the Expansion Space of the lesser of (1) $20.00 per rentable square foot, or (2) the actual cost of construction of such leasehold improvement work as Tenant may elect to perform, including the cost of architectural and mechanical drawings for such work. Such work shall be performed pursuant to the Work Letter attached as Exhibit "B". Notwithstanding the foregoing, Tenant hereby acknowledges that Landlord is currently leasing the Expansion Space to another tenant in the building (the "Existing Tenant") and the Existing Tenant's lease does not expire until December 31, 2002. Landlord agrees to use good faith efforts to negotiate an early termination of the Existing Tenant's lease as it relates to the Expansion Space; provided, however, that if Landlord should be unable for any reason to deliver possession of the Expansion Space on or prior to the proposed Expansion Space commencement date, Landlord shall not be subject to any liability (except as provided herein) for failure to so deliver possession and Landlord shall use commercially reasonable efforts to deliver possession of the Expansion Space as soon as reasonably practicable thereafter. Such failure to deliver possession shall not affect the validity of the Lease or (except as provided herein) the obligations of either Landlord or Tenant hereunder, or be construed to extend the expiration of the term of the Lease (as extended hereby) either as to the Expansion Space or the balance of the Premises; provided, however, that under such circumstances, Rent shall not commence as to the Expansion Space until Landlord does deliver possession of the Expansion Space. If Landlord is unable to negotiate an early termination of Existing Tenant's Lease with respect to the Expansion Space effective on or prior to the proposed Expansion Space commencement date and Tenant is unable to negotiate an extension of the term of its sublease [from the Existing Tenant] for space on the fourth floor of the Building containing approximately 5,081 rentable square feet, then Landlord shall deliver to Tenant, after reasonable notice by Tenant to Landlord, temporary alternative office space in the building (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusettsthe "Alternative Expansion Space"), which demised premises are shown on Exhibit A attached heretoAlternative Expansion Space shall be similar in size to the Expansion Space, containing 15,088 square feet shall be at a location reasonably acceptable to Tenant or accessible by the low-rise elevators, and shall be reasonably similar with respect to condition and layout as the existing sublease space from the Existing Tenant, until such time as Landlord is able to deliver possession of rentable floor area (hereinafter the “Premises”)Expansion Space; provided, however, that under such circumstances, base rent applicable to the Expansion Space shall not commence until Landlord delivers to Tenant possession of the Expansion Space. Said Building contains an aggregate total rentable area Landlord agrees that no base rent shall be due from Tenant to Landlord for such Alternative Expansion Space. Provided that Tenant in fact moves into the Alternative Expansion Space, then, upon delivery of 211,232 square feet. the Expansion Space to Tenant, Tenant shall have, as appurtenant surrender to Landlord the Alternative Expansion Space pursuant to the Premises, the non-exclusive right terms and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants provisions of the Building as may be designated from time to time Lease. Any retention of possession by the Landlord (subject to the last sentence Tenant of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) all or any part of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Alternative Expansion Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such beyond a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) day period after Landlord's delivery to Tenant of the Expansion Space shall be deemed a holding over under Article XII of the Lease without the consent of Landlord thereby entitling Landlord to all of its rights and remedies set forth in the Lease including base rent equal to the amount then being paid by Tenant for the Leased Premises (i.e., 44,455 square feet). A demise of the Alternative Expansion Space to Tenant shall be subject to all terms and provisions of the Lease except as otherwise expressly set forth herein. Provided that Tenant has in fact moved into the Alternative Expansion Space, Landlord shall reimburse or credit Tenant for the amount that Tenant reasonably expends to make the move to the Alternative Expansion Space. Such reimbursement or rental credit shall be made no later than thirty (30) days following the later of (i) Tenant's taking occupancy of the Alternative Expansion Space and (ii) Landlord's receipt of invoices, bills, receipts and such other documentation as is necessary to evidence the costs incurred by Tenant in connection with such move. If Landlord is unable to deliver the Expansion Space on or prior notice to the proposed Expansion Space commencement date and Tenant is able to extend the term of the existing sublease with the Existing Tenant, without liability Tenant shall be entitled to a rent credit (the "Credit") equal to five thousand, six hundred, ten and 27/100 dollars ($5,610.27) per month up until such time as Landlord delivers the Expansion Space to Tenant.
Appears in 1 contract
Demised Premises. The demised premises consisting For and in consideration of the entire sixth floor of rent hereinafter reserved and the building (mutual covenants hereinafter contained, Landlord does hereby lease and demise unto Tenant, and Tenant does hereby hire, lease and accept, from Landlord all upon the terms and conditions hereinafter set forth the following premises, referred to as the “BuildingDemised Premises”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown as outlined on Exhibit A attached hereto, containing 15,088 hereto and incorporated herein: an agreed upon approximately 19,518 square feet of rentable floor area space, approximately 16,918 square feet of which is office space, having an address as set forth in Section 1(a), located within an existing building (hereinafter the “PremisesBuilding”), which contains a total of an agreed upon approximately 102,936 square feet and is located within Bolingbrook Corporate Center (the “Project”), located in Will County, Illinois. The parties acknowledge that the number of square feet recited above has been conclusively determined and is not subject to contest by either party. Landlord shall deliver possession of the Demised Premises to Tenant on the Lease Date. 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”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall haveLandlord hereby covenants that (i) so long as IDI remains the Declarant under the Declaration, as appurtenant IDI will not make any modifications, amendments or changes to the Premises, Declaration which would prohibit the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) Permitted Use or prevent Tenant from operating in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Demised Premises for the Permitted UseUse 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. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size Any breach of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, foregoing covenant by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such be a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). material default by Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenanthereunder.
Appears in 1 contract
Samples: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)
Demised Premises. The demised premises consisting 1.1. Sublessor hereby sublets to Sublessee, and Sublessee hereby sublets and hires from Sublessor, the Demised Premises, together with the non- exclusive right to use the common areas of the entire sixth floor Property and such other rights as are necessary or desirable to provide Sublessee with substantially the same rights and benefits as have been generally afforded to and enjoyed by Sublessor prior to the date hereof (including, without limitation, rights of ingress and egress, parking consistent with past practice, and access to public and private utilities) for the sublease term hereinafter stated and for the Rent (as hereinafter defined) set forth herein, upon and subject to all of the building terms and provisions hereinafter provided or incorporated in this Sublease by reference.
1.2. Sublessor shall deliver the Demised Premises on the Commencement Date free of debris and broom clean and Sublessee agrees to accept the Demised Premises on the Commencement Date (as hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxxdefined). Notwithstanding the foregoing, Boston, Massachusetts, which demised premises are shown Sublessor shall use its continuous and diligent effort to complete the Sublessor's work as described on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area hereto (hereinafter the “Premises”"Sublessor's Work"). Said Building contains an aggregate total rentable area Sublessor shall be responsible for curing any ---------------- violation that results from or arises out of 211,232 square feetSublessor's Work within a reasonable time of notice of such violation. Tenant Within 30 days after completion of the * CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Sublessor's Work and delivery of a certificate of occupancy to Sublessee, Sublessor shall havesubmit to Sublessee a detailed invoice and proof of payment therefor for the cost of Sublessor's Work; provided, that Sublessor, Sublessee and the architect (and/or contractor) shall meet on a periodic basis or at such times as appurtenant Sublessee may request to review the progress and the cost of Sublessor's Work, with the intent to monitor and limit the cost of the Sublessor's Work not to exceed $42,000. Thereafter, in addition to the Premisesmonthly installments of Rent due hereunder, Sublessee shall pay to Sublessor, in equal monthly installments, at the non-exclusive right same time and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and same manner that Rent is due hereunder, an amount sufficient to fully amortize the cost of the Sublessor's Work over a five year period together with interest at a rate of 7% per annum on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants outstanding balance of the Building as may be designated from time to time by cost of Sublessor's Work. Sublessee acknowledges and agrees that upon the Landlord (subject to the last sentence termination of this paragraph)Sublease as a result of its default hereunder or its election to terminate, Sublessee shall be obligated to pay in full the then outstanding principal balance and (b) accrued and unpaid interest for the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) cost of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to TenantSublessor's Work.
Appears in 1 contract
Samples: Sublease (Ryder TRS Inc)
Demised Premises. The demised premises consisting Tenant hereby agrees to vacate and surrender to Landlord, on or prior to November 26, 1998, possession of the entire sixth floor of the building (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 approximately 33,000 square feet of rentable floor area Building A (hereinafter "Initial Surrender Space") depicted on the “Premises”site plan attached hereto AS EXHIBIT "A" ("Site Plan"). Said In addition, on or before December 15, 1998 ("Surrender Date"), Tenant hereby covenants and agrees to vacate, in its entirety, the balance of Building contains an aggregate total rentable area A and surrender the balance of 211,232 square feetBuilding A to Landlord. Effective as of the Surrender Date, the "Demised Premises," as described in the Lease, are hereby redefined to consist solely of Building B and the portion of the Land (and related Improvements constructed thereon) more particularly depicted on the Site Plan, subject, however, to Tenant's continuing obligation to pay Monthly Base Rent, until the Rent Adjustment Date, as more particularly set forth in Paragraph 3 below. As a result thereof, effective as of the Surrender Date, all references in the Lease to the Demised Premises shall mean the Demised Premises depicted on the Site Plan and, any references in the Lease to (1) Buildings shall instead mean Building B and (ii) the Land shall mean the Land depicted as the Demised Premises on the Site Plan. In connection with the reduction of the Demised Premises to Building B and the portion of the Land depicted on the Site Plan, Tenant shall be required to perform, at Tenant's sole cost and expense, the work described in EXHIBIT "B" attached hereto ("Sur-render Work"). All of the Surrender Work shall be completed in its entirety by Tenant on or before January 31, 1999. All of such Surrender Work shall be performed in compliance with Article XIX of the Lease (to the extent Article XIX is applicable to such Surrender Work). Pacific Cornerstone Architects ("PCA") shall have the opportunity to review, on behalf of Landlord, any required plans and specifications for any such Surrender Work and the Building B Improvements described below. The costs incurred by PCA in connection with such review shall be applied against the New Allowance. Following such reconfiguration of the parking areas, Tenant shall (notwithstanding anything to the contrary contained in the definition of Improvements contained in the Lease), during the balance of the Term, be entitled solely to the use of the 144 parking spaces identified on the Site Plan (with the balance thereof to be for the sole use of the tenant(s) of Building A and any Expansion Building(s) constructed within the Project by Landlord); provided, however, in the event Tenant elects, at its option and at Its sole cost and expense, to modify the parking areas around the Building B truck doors, the parking spaces allocated for Tenant's exclusive use may be increased to up to a maximum of 178 spaces. Such election may be made at any time during the Term by Tenant, subject to the requirements, to the extent applicable, of Article XIX of the Lease. Tenant shall havenot permit any of its employees, as appurtenant to the Premisescontractors, the non-exclusive right and easement agents, visitors or invitees to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) any parking spaces in the Building Project other than such parking spaces allocated to Tenant as set forth above and as identified on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to TenantSite Plan.
Appears in 1 contract
Samples: Lease (Radyne Corp)
Demised Premises. The demised premises consisting Commencing on the date that Landlord delivers to Tenant possession of the entire sixth floor Expansion Space (the “Expansion Space Delivery Date”), with Landlord’s Work therein Substantially Complete (as set forth in Section 5 below), and continuing thereafter during the remainder of the building Initial Term and the Extended Term (hereinafter collectively referred to as the “BuildingTerm”) located of the Lease, Section 1(A) of the Lease is hereby modified and amended to provide that the Demised Premises shall include the Expansion Space in addition to the Original Premises. Landlord does hereby lease unto Tenant, and Tenant does hereby take and rent from Landlord, commencing as of the Expansion Space Delivery Date, the Expansion Space pursuant to the Lease as hereby amended. Landlord shall provide Tenant with at 00 Xxxxxxxx Xxxxxxleast fifteen (15) days written notice prior to the Expansion Space Delivery Date. As of the Expansion Space Delivery Date, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet the Original Premises together with the Expansion Space shall for all purposes and provisions of rentable floor area (hereinafter the Lease collectively be referred to as the “Demised Premises” or the “Premises”)” and shall be deemed to contain 20,916 rentable square feet, all as more particularly shown and outlined on the drawing of said Demised Premises attached hereto as Exhibit “B” and made a part hereof.
2.1 Tenant agrees to execute and return to Landlord within fifteen (15) days of receipt a statement furnished by Landlord acknowledging Tenant’s acceptance of Landlord’s delivery of possession of the Expansion Space and setting forth the actual Expansion Space Delivery Date and commencement of all of Tenant’s covenants and obligations under the Lease as to the Expansion Space, and changes, if any, in the rental schedule set forth in Section 3 below. Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant statement shall have, as appurtenant be similar in form to the Premises, the non-exclusive right Certificate attached hereto as Exhibit “D” and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence made a part of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to TenantAmendment.
Appears in 1 contract
Demised Premises. The demised premises consisting 1.1 For and in consideration of the entire sixth covenants and agreements hereinafter set forth and the rent hereinafter specifically reserved, Landlord does hereby lease unto Tenant, and Tenant does hereby lease from Landlord, twenty-seven thousand fifty-one (27,051) rentable square feet of space on the third (3rd) floor of the CityPlace Four building in Creve Coeur, Missouri (hereinafter the “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts), which demised premises are shown space is designated as Suite #300 outlined on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area hereto and made a part hereof (hereinafter the “Demised Premises”), and its share of common area at the Building. Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant to the Premises, the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants The site plan of the Building is shown on Exhibit B and the Building Specifications on the date of this Lease are described on Exhibit C, both being attached hereto and made a part hereof.
1.2 Landlord shall cause the construction of the tenant finish requirements in accordance with the construction provisions set forth in Exhibit D and the tenant finish plans set forth on Exhibit D-1, attached hereto and made a part hereof (the “Tenant Finish”). Within ten (10) business days of substantial completion of the Tenant Finish, Landlord and Tenant shall cooperate to execute a mutually agreeable “punch list” identifying any incomplete and unacceptable items in the Tenant Finish. No later than thirty (30) days after the parties execution of said “punch list”, Landlord shall complete all items identified on said “punch list” to Tenant’s reasonable satisfaction; provided that Landlord shall have such additional time as may be designated from time is reasonably necessary to time by complete any items, so long as Landlord uses commercially reasonable efforts to promptly complete such item .. Upon completion of all items identified on the “punch list”, Tenant shall execute a form acknowledging completion of the Tenant Finish.
1.3 Landlord and Tenant shall execute the Certificate attached hereto and made a part hereof as Exhibit E on the Lease Commencement Date (subject as defined below).
1.4 Notwithstanding any provision of this Lease to the last sentence of this paragraph)contrary, Tenant rights to occupy the Demised Premises and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. TenantLandlord’s rights obligations hereunder shall always be subject to not arise unless and until Tenant shall have caused the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) delivery of the Premises. Landlord reserves and shall have guaranty by Cross Country Healthcare, Inc., a _____________ corporation, in the unrestricted right to change the location, size or character form attached hereto as Exhibit G. The delivery of any said guaranty is a material portion of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required consideration for Landlord’s Property, Common Facilities thereof execution of this Lease and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to not commence construction of the Tenant and in Finish until such a manner time as not to interfere unreasonably with Tenant’s use Tenant has caused delivery of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right signed guaranty to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to TenantLandlord.
Appears in 1 contract
Demised Premises. The demised premises consisting of Landlord does hereby lease unto Tenant, and Tenant does hereby lease from Landlord, the entire sixth floor of the building (hereinafter “Building”) located at 00 Xxxxxxxx XxxxxxDemised Premises, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant upon and subject to the Premisescovenants, the non-exclusive right agreements, terms, conditions, limitations, exceptions and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building reservations of this Lease. Landlord and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitationTenant may, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time time, by agreement, change the Landlord (subject to configuration and size of the last sentence of this paragraph)Demised Premises, and (b) Rent will be adjusted accordingly; provided, however, that the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving configuration of the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations Demised Premises shall not materially interfere with Tenant’s Permitted Use during the Initial Term be changed in such a manner that the Demised Premises is less than forty percent (hereinafter defined40%) of the Premisesaggregate space in the Buildings, exclusive of Common Areas. Landlord reserves The configuration and shall have the unrestricted right to change the location, size or character of any of the Common FacilitiesDemised Premises shall be determined and measured by Landlord quarterly, provided as of the beginning of each fiscal quarter of Landlord (October 1, January 1, April 1, and July 1) and Rent payable by Tenant hereunder shall be adjusted accordingly for such changes do not materially decrease quarter based upon the size of the Demised Premises, at the Rent rates provided for herein. The Demised Premises shall include all space within the Buildings occupied by Tenant and all space reserved for or materially adversely affect assigned for occupancy by Tenant’s use . The availability of space in the Buildings for occupancy by Tenant or reservation or assignment for Tenant shall be determined by Landlord, provided that the minimum space available to Tenant at all times shall be forty percent (40%) of the Premises for aggregate space in the Permitted Use. EXCEPTED AND EXCLUDED Buildings, exclusive of Common Areas and, provided, further, that Landlord shall not move Tenant from the Premises are the exterior walls and any space currently occupied by Tenant without Tenant's prior approval. Landlord and Tenant agree that if Landlord further expands its facilities at 810 Innovation Drive, whether by expanding the existing Buildings there or (if same does not materially decrease the size of the Premises by adding additional Buildings, or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to installat 000 Xxxxxxxx Xxxx Xxxxxxxxx by acquiring additional space there, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees Tenant shall have the right of access opportunity to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions negotiate with Landlord with respect to the Premises or to the Building if Landlord so elects. Except in cases possibility of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and taking additional space in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenantexpansion area.
Appears in 1 contract
Demised Premises. The demised 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord commercial premises within the Building, consisting of 3,015 square feet of floor space for the entire sixth gallery and attached retail, office and storage space, 225 square feet of floor space for the coffee concession and 1,052 square feet of the building floor space for additional back-of-house storage space, for a total of 4,292 square feet of floor space (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx"Total Square Feet"), Boston, Massachusetts, which demised premises are shown as more particularly depicted on Exhibit A "A" attached hereto, containing 15,088 square feet of rentable floor area plus all fixtures, equipment and property located therein or thereon (hereinafter the “"Premises”"). Said Building contains an aggregate total rentable area Landlord reserves to itself the use of 211,232 square feet. Tenant shall have, as appurtenant to the Premises, the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entrancewaysroof, exterior spaceswalls and the area above and below the Premises together with the right to install, common washrooms maintain, use, repair and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the replace pipes, ducts, conduits, utility lineswires and structural elements now or in the future leading through the Premises and which serve other parts of the Building, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s except that such rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) 's right to visibility, egress and operations. Except as otherwise provided in Section 1.2 hereof, Tenant shall be solely responsible for all necessary improvements, build-out, furnishings, fixtures and equipment for the Premises, which shall be in accordance with drawings and specifications subject to Landlord's prior written approval.
1.2 Tenant shall be responsible, at its sole cost, for decorating, fixturizing and equipping the interior of the Premises, including, without limitation, floor and wall coverings, duct work for distribution of air conditioning and heating within the Premises, electrical wiring from a panel, furnishings, decorations, light fixtures and interior doors ("Tenant's Work"). Landlord reserves If requested by Landlord, Tenant shall use only union labor to perform Tenant's Work. In addition, Tenant agrees that the proposed furnishings, fixtures, floor and shall have the unrestricted right to change the locationwall covering, size or character of any of the Common Facilitiesdecor, provided such changes do not materially decrease the size of architectural layout and color scheme for the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions be subject to the Premises prior written approval of Landlord (which approval shall not be unreasonably withheld or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”delayed). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenant.
Appears in 1 contract
Samples: Lease Agreement (Wynn Resorts LTD)
Demised Premises. The demised premises consisting 1.1. Sublessor hereby sublets to Sublessee, and Sublessee hereby sublets and hires from Sublessor, (i) that portion of the entire sixth floor premises, facilities and property leased or subleased by Sublessor pursuant to the Master Office Lease as set forth on the attached Exhibit A, representing the portion of such premises, facilities and property occupied by Sublessee as of the building date hereof (hereinafter “Building”the "Master Office Subleased Area"), and (ii) located at 00 Xxxxxxxx Xxxxxxthat portion of the premises, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant facilities and property leased or subleased by Sublessor pursuant to the Master Storage Lease as set forth on the attached Exhibit B, representing the portion of such premises, facilities and property occupied by Sublessee as of the date hereof (the "Master Storage Subleased Area"; the Master Office Subleased Area and the Master Storage Subleased Area are collectively, the "Exclusive Prem- ises"), for the sublease term hereinafter stated and for the Base Rent and Additional Rent (as hereinafter defined) set forth herein, upon and subject to all of the terms and provisions hereinafter provided or incorporated in this Sublease by reference.
1.2. Sublessee and its agents, employees and invitees, shall additionally have the right to use, in a proper and lawful manner, (i) the common sidewalks, (ii) access roads, (iii) parking areas and other outdoor areas within the Corporate Center (as defined in the Master Office Lease), (iv) the common entranceways, (v) lobbies and elevators furnishing access to the Exclusive Premises, and (if the non-exclusive right Exclusive Premises includes less than a full floor) (vi) the common lobbies, hallways and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and toilet rooms on the land floor on which it the Exclusive Premises is located (said Building clauses (i) through (vi) above are collectively, the "Common Facilities", and land are the Exclusive Premises and the Common Facilities shall hereinafter “Landlord’s Property”) including without limitationbe collectively, sidewalksthe "Premises"), lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and all to the extent that Sublessor has such other facilities available rights to all tenants the Common Facilities as set forth in Section 1.3 of the Building Master Office Lease. Such use of the Common Facilities shall be subject to the terms of this Sublease and to the Master Leases, and to such reasonable rules, regulations, limitations and requirements as each of Landlord and Sublessor may be designated from time to time prescribe with respect thereto.
1.3. Sublessee agrees to accept the Premises on the Commencement Date (as hereinafter defined) in its "as is" condition and Sublessor shall not be obligated to perform any work or furnish any materials in, to or about the Premises in order to prepare the Premises for occupancy by Sublessee or otherwise. Sublessee hereby releases Sublessor from any and all liability resulting from (i) any latent or patent defects in the Landlord Premises, (subject to the last sentence of this paragraph), and (bii) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving failure of the Premises to comply with any legal requirements applicable thereto or (iii) the status of the title to the Premises. Tenant’s rights hereunder shall always Sublessee acknowledges that, except as expressly set forth herein, Sublessor has made no statements, representations, covenants or warranties with respect to (x) the condition or manner of construction of the Building or any improvements constructed in the Premises, (y) the uses or purposes for which the Premises may be subject lawfully occupied or (z) any encumbrances, covenants, restrictions or agreements affecting title to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of Building or the Premises. Landlord reserves and shall have the unrestricted right to change the locationSublessee also agrees that, size in executing this Sublease, it has not relied upon or character been induced by any statements, representations, covenants or warranties of any of the Common Facilitiesperson other than those, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) any, set forth expressly in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenantthis Sublease.
Appears in 1 contract
Samples: Sublease (Nuveen John Company)
Demised Premises. The demised premises consisting (A) Following the Give-Back Premises Termination Date, the Lease with regard to the remainder of the entire sixth Demised Premises shall remain in full force and effect for the remainder of the Lease Term, including any further extension terms provided herein, and shall remain unmodified, except as specifically provided for herein.
(B) From and after the Give-Back Premises Termination Date, but subject to the exercise by Lessee of the Hold Space Option, Right of Opportunity and/or Second Extension Option (as hereinafter defined) (in which case the square footage of the Demised Premises shall be increased and/or be deemed increased to reflect the BOMA remeasurement), the Demised Premises shall be deemed to contain 36,600 rentable square feet and shall be identified on the floor plan attached hereto as Exhibit A-2 and made a part thereof.
(C) From and after the Give-Back Premises Termination Date, Lessee shall cooperate with Lessor to allow Lessor to remove the interior connecting stairway between the seventh (7th) floor of the building Building and the Give-Back Premises, close the slab floor opening remaining after removal of the Connecting Stairway, install carpeting on the re-slabbed area and perform related cosmetic work (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “PremisesConnecting Stairway Work”). Said Building contains an aggregate total rentable area In connection therewith, (i) Lessee acknowledges that the making of 211,232 square feet. Tenant the Connecting Stairway Work may take place during normal business hours, but that Lessor shall haveperform any Connecting Stairway Work that affects Lessee’s use of the Demised Premises outside of normal business hours unless it is impracticable to do so, as appurtenant (ii) Lessor shall have the right to access the Demised Premises in connection with the Connecting Stairway Work, (iii) to the Premisesextent the Connecting Stairway remains open and intact prior to the completion of the Connecting Stairway Work, Lessor and Lessee shall prevent access by their respective employees and other parties under their control to the Connecting Stairway (provided that, the non-exclusive right foregoing shall not apply with respect to Lessor’s employees, contractors and easement other parties under its control who are involved with the planning, performance and oversight of the Connecting Stairway Work); and (iv) the performance of the Connecting Stairway Work shall be subject to use the conditions set forth in common with others entitled thereto Sections 22(C) and 44 of the Lease. Notwithstanding the foregoing, (a) common facilities (hereinafter “Common Facilities”) in if Lessee exercises the Building Hold Option, Lessor shall not perform the Connecting Stairway Work and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants Connecting Stairway shall remain intact for the remainder of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph)Lease Term, and (b) if Lessee does not exercise the pipesHold Option, ductsthen Lessor shall keep the Connecting Stairway intact and not perform the Connecting Stairwell Work until such time as Lessee has affirmatively waived its exercise of the Hold Option or the time period for Lessee’s exercise of such Hold Option has passed without action on the part of Lessee, conduitswhichever is earlier.
(D) From and after January 1, utility lines2010 (i.e., wiresthe day immediately following the Give-Back Premises Rent Termination Date) and continuing through October 31, sewerage system and appurtenant equipment serving 2010 (i.e., the Premises. Tenant’s rights hereunder shall always be subject end of the Initial Term):
(1) The Monthly Rent with respect to the reasonable rules Demised Premises shall be as follows: January 1, 2010 — August 31, 2010 $ 120,963.00 $ 39.66 September 1, 2010 — October 31, 2010 $ 123,372.50 $ 40.45 Such Monthly Rent shall be payable in accordance with the provisions for the payment of Monthly Rent under Section 4 of the Lease. No abatement or other concession whatsoever shall apply to such Monthly Rent.
(2) All of Lessee’s obligations under the Lease with respect to its payments of its proportionate share of Operating Expenses, Operating Costs and regulations from time to time established by Landlord, Real Estate Taxes (as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) 6 of the PremisesOriginal Lease, as amended by Section 3 of Addendum No. Landlord reserves 2 and Section 5 of Addendum No. 3) shall have the unrestricted right to change the location, size or character continue unchanged; provided that as a result of any Lessee being released from payment of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises rent for the Permitted Use. EXCEPTED AND EXCLUDED from Give-Back Premises after the Give-Back Premises are the exterior walls and any space currently or Rent Termination Date, (if same does not materially decrease the size i) Lessee’s proportionate share of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) Operating Expenses (as defined in the future necessary to install, maintain Lease) shall be 16.23%; (ii) Lessee’s proportionate share of Operating Costs (as defined in the Lease) shall be 17.09%; and operate, by means (iii) Lessee’s proportionate share of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises Real Estate Taxes (including as defined in the Premises). Landlord, its agents, contractors and employees Lease) shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenantbe 16.23%.
Appears in 1 contract
Samples: Lease (Cra International, Inc.)
Demised Premises. The demised premises consisting For and in consideration of the entire sixth floor rent hereinafter reserved and the mutual covenants hereinafter contained, and upon all the terms and provisions of this Lease, (i) Landlord does hereby lease and demise unto Tenant, and Tenant does hereby lease and accept from Landlord the premises (the "Demised Premises") known as Unit C (as crosshatched on Exhibit "A" attached hereto and incorporated herein), located within a building (the "Building") at 0000 Xxxxx Xxxxx, XxXxxx, Illinois which is situated on the land ("Land") described or depicted on Exhibit “B” attached hereto and incorporated herein (the Building, the Land and any other improvements from time to time situated thereon being hereinafter referred to collectively hereinafter from time to time as the "Property") and (ii) Landlord also grants to Tenant a non-exclusive right to use, in common with other tenants of the building Building (hereinafter “Building”) and the employees, guests and other invitees of such tenants), all driveways and curb cuts located at 00 Xxxxxxxx Xxxxxxon the Land and other common areas of the Property (collectively, Boston, Massachusetts, which demised premises are shown "Common Areas"). Tenant shall have the exclusive right to use only the 172 car parking spaces and 24 truck parking spaces depicted on Exhibit A “A” attached hereto, containing 15,088 square feet of rentable floor area hereto as the “Xxxx. Levy Parking Area” (hereinafter the “PremisesTenant Parking Area”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant to the Premisesparking for its employees, the non-exclusive right customers and easement other invitees, however, Tenant, its employees, customers and other invitees shall not be permitted to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and any other parking areas on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be right to use the Common Areas and Tenant Parking Area for the purposes intended is subject to the and conditioned upon Tenant’s compliance with such reasonable rules and regulations as may be established from time to time established time. Tenant shall not interfere with the rights of any or all of Landlord, other tenants or licensees, or any other person entitled to use the Common Areas or other parking areas serving the Building. Without limitation of the foregoing, Tenant shall not park or store any trailers on, or conduct truck loading and unloading activities in the Tenant Parking Area designated for car parking or in the Common Areas in a manner that unreasonably disturbs, disrupts or prevents the use of the Common Areas or other parking areas serving the Building by Landlord, as provided in Section 23B hereofother tenants or licensees or other persons entitled to use the Common Areas or other parking areas serving the Building. Landlord, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) from time to time, may change any or all of the Premises. Landlord reserves and shall have the unrestricted right to change the size, location, size or character nature and use of any of the Common FacilitiesAreas although such changes may result in inconvenience to Tenant, provided so long as such changes do not materially decrease the size of the Premises or materially and adversely affect Tenant’s use of the Premises for Demised Premises. In addition to the Permitted Use. EXCEPTED AND EXCLUDED from foregoing, Landlord may, at any time, close or suspend access to any Common Areas to perform any acts in the Premises Common Areas as, in Landlord’s reasonable judgment, are the exterior walls and any space currently desirable to improve or (if same does not materially decrease the size maintain either or both of the Demised Premises or materially adversely affect and the Property; provided, however, that Landlord shall use reasonable efforts to limit any disruption of Tenant’s use and operation of the Demised Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenantconnection therewith.
Appears in 1 contract
Samples: Industrial Lease Agreement (Source Interlink Companies Inc)
Demised Premises. The demised premises consisting Per the Lease, the Demised Premises currently consists of the entire sixth floor of the building (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 approximately 83,712 rentable square feet of office and laboratory space and 31,288 rentable floor area square feet of warehouse space, for an aggregate amount of 115,000 rentable square feet (hereinafter of which, approximately 9,933 rentable square feet are subject to the Sublease). Subject to the terms of the Lease, Tenant shall continue to occupy the Demised Premises until the Original Expiration Date. As of March 1, 2019 (the “PremisesReconfigured Commencement Date”). Said Building contains an aggregate total , the Demised Premises shall be reduced to approximately 83,712 rentable area of 211,232 square feet, such that all references to the Demised Premises from and after the Reconfigured Commencement Date shall be to the said 83,712 rentable square feet; provided, however, that the square footage of the Demised Premises effective as of the Reconfigured Commencement Date is subject to Tenant’s rights as set forth in Section 20 of this First Amendment. Attached hereto and made a part hereof 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. Prior to the Reconfigured Commencement Date (but not more than ninety (90) days 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 shall have, as appurtenant agrees to cooperate with Landlord’s installation of the Premises, the non-exclusive right and easement to use in common with others entitled thereto demising wall by: (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the allowing Landlord (subject reasonable access to the last sentence of this paragraph), Demised Premises and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. removing Tenant’s rights hereunder shall always be subject to personal property from the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) affected areas of the Demised Premises. Landlord reserves and shall have the unrestricted right to change the location; provided, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergencyhowever, Landlord shall exercise the foregoing rights upon use commercially reasonable notice efforts to the Tenant and in such a manner as not to interfere unreasonably minimize interference with Tenant’s use of the Demised Premises between during the hours installation of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”demising wall(s). Landlord further reserves Notwithstanding the right foregoing but subject to change Tenant’s assignment rights under the street address Lease, Tenant acknowledges and agrees that it shall remain the name sole “tenant” of the Building at through and including February 28, 2019, inclusive of any time and from time to time upon sixty (60) days prior notice to of Tenant, without liability to Tenant’s current or future permitted subtenants.
Appears in 1 contract
Samples: Agreement of Lease (Icon PLC)
Demised Premises. The demised premises consisting of the entire sixth floor of the building (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant to the Premises, the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and location (provided however Tenant shall not be relocated to the name first (1st) floor of the Building Building) and configuration of the Demised Premises at any time but not more than once during the Lease Term, subject to the following terms and from time conditions: (a) subsequent to time upon sixty the Commencement Date, Landlord shall provide Tenant not less than ninety (6090) days prior advance written notice of the date Tenant must vacate the Demised Premises; (b) Landlord shall provide Tenant with Substitute space of similar nature and size elsewhere in the Building (the “Substitute Premises”) the Substitute Premises shall have a similar window line as the Demised Premises; (c) Landlord shall at Landlord’s expense remove Tenant’s Property from the Demised Premises and reinstall them in the Substitute Premises, and redecorate the Substitute Premises in a manner substantially similar to the manner in which the Demised Premises were decorated; and (d) upon receipt of paid invoices, Landlord shall reimburse Tenant for the reasonable costs it incurs for new stationery, business cards and signage, if any, comparable to those previously used by Tenant that it requires, directly as a result of Landlord’s relocation of the Demised Premises. Landlord shall use reasonable efforts to minimize the disruption to Tenant’s business, without liability but in no event shall Landlord be liable for any loss of business or other damages to or expenses of Tenant, except for any physical damage to Tenant’s Property incurred during the move. Within ten (10) days after Landlord submits an amendment of this Lease or a replacement lease indicating the location and configuration of the Substitute Premises, Tenant shall execute such amendment or lease, as applicable, and deliver it to Landlord, failing which Tenant hereby irrevocably appoints Landlord as its special attorney-in-fact to execute such amendment or lease, as applicable, the foregoing power of attorney being deemed to be coupled with an interest.
Appears in 1 contract
Demised Premises. The demised premises consisting Landlord, for and in consideration of the entire sixth floor covenants and conditions hereinafter contained on the part of the building Tenant to be performed, and in consideration of the rent hereinafter reserved, does hereby grant, lease, demise and let unto Tenant and Tenant does hereby agree to pay said rent, lease and take from Landlord the Property (as hereinafter “defined) described as: A "Building”" containing 47,529 square foot (more or less) at 7000 Xxxxxxxx, X.X., Xxxxxxxxxxx, Xxx Xxxxxx 00000 immediately west of the intersection of Snaproll N.E. and Rxxxxxxx N.E., together with all of the fixtures, apparatus, equipment and improvements to be provided by Landlord and to be located at 00 Xxxxxxxx Xxxxxxtherein or thereon (collectively, Bostontogether with the Building, Massachusetts"Improvements") and all rights and easements appurtenant thereto, all of which demised premises are shown hereinafter called the "Demised Premises". The Improvements are depicted on Exhibit A "A" attached hereto, containing 15,088 square feet of rentable floor area hereto and incorporated herein by reference and are located on the real estate described as follows: SEE EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (hereinafter the “Premises”"Land"). Said The Demised Premises and the Land are sometimes collectively referred to herein as the "Property". The square footage of the Building contains an aggregate total rentable area of 211,232 square feetshall be calculated based upon the Building Owners and Managers Association ("BOMA") International Guidelines for measuring single tenant buildings ("Tenant's Rentable Area"). Tenant shall have, pay "Base Rent" as appurtenant hereinafter defined based upon Tenant's Rentable Area. Prior to the Premises"Commencement Date" (as hereinafter defined), the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in Landlord's architect shall verify the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants Tenant's Rentable Area of the Building Building. If the Tenant's Rentable Area is not 47,529 square feet, Landlord and Tenant shall acknowledge any such change on Exhibit "C" which is attached hereto and incorporated herein by reference and the Base Rent and "Reimbursable Expenses" (as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (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 architect to calculate Tenant's Rentable Area, and if different than the Premisescalculation by Landlord's architect, to work with Landlord's architect to resolve any discrepancies. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry construct on the Premises for Land, at 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 Landlord Improvements and Tenant Improvements comprise the purposes of such installationinitial Improvements contemplated by this Lease. Tenant acknowledges that the Property is within Journal Cxxxxx 0, maintenance or operation or for the purposes of making repairs, alterations or additions Xxxx 0 and subject to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant covenants and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. assessments related thereto (respectively "Journal Center Covenants" and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”"Journal Center Assessments"). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenant.
Appears in 1 contract
Demised Premises. The demised premises consisting of Xxxxx'x hereby subleases or leases, as the entire sixth floor of the building case may be, to Anchor, and Anchor hereby hires from Xxxxx'x approximately two hundred (hereinafter “Building”200) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter space in the “Premises”). Said Building contains an aggregate total rentable front portion of each of those certain supermarkets commonly known as Xxxxx'x Food & Drug Centers located in the greater metropolitan area of 211,232 square feet. Tenant shall haveXxxxx County and Washoe County, as appurtenant to the PremisesNevada, the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) more specifically described in the Building exhibit attached hereto and on the land on which it is located (said Building made a part hereof and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises marked Exhibit "A" for the purposes of the operation of gaming devises. In the future, Xxxxx'x may open additional supermarkets in other Nevada counties. (All of the supermarkets listed in Exhibit "A" and any supermarkets opened in the future (see Paragraph 14) are herein collectively called "Supermarkets" and the premises so subleased or leased to Anchor are collectively called the "Demised Premises.") The effective lease term as to each Supermarket and the Demised Premises located therein shall, subject to completion of construction of new stores, commence on the Commencement Date shown on Exhibit "A," unless Xxxxx'x is able to deliver the Demised Premises to Anchor on an earlier date, in which case the Lease Term Commencement Date shall be such installationearlier date. In the event that Xxxxx'x moves the location of the entrance to any of the Supermarkets or, maintenance the checkstands, or operation in the event Xxxxx'x shall undertake maintenance, repair, or remodeling of any store listed in Exhibit "A," which would in any manner affect, impair, or impede access to or ingress or egress from the Demised Premises, Xxxxx'x agrees to allow Anchor to relocate temporarily its 200 square feet of Demised Premises to a mutually agreeable location in the affected store until such time as repair, maintenance, or remodeling is complete. With respect thereto, Xxxxx'x hereby represents and warrants to Anchor, and this Agreement and the payment of rent and other sums required by Paragraph 4(a) hereof by Anchor to Xxxxx'x, as hereinafter provided, is expressly made upon, the condition that Xxxxx'x is presently occupying or shall, prior to the effective date of the term hereof, occupy each of the Supermarkets, pursuant to fee ownership, a lease or sublease agreement, each of which is, as of the date hereof, or will be on the commencement of the term hereof, in full force and effect without default thereunder. The Demised Premises shall be used by Anchor for the purposes installation and operation by Anchor of making repairs, alterations or additions to the Premises or to the Building if Landlord so electsgaming devices. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant (All such machines and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”devices are herein collectively called Gaming Devices.). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenant.
Appears in 1 contract
Demised Premises. The demised premises consisting Sublessor, for and in consideration of the entire sixth floor rents, covenants, agreements and stipulations hereinafter mentioned reserved and contained, to be paid, kept and performed by the Sublessee, by these presents does lease and Sublessor sublessee rent to the said Sublessee, and said Sublessee hereby agrees to lease and take upon the terms and conditions which hereinafter appear a portion of the building (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown Property identified on the Site Plan included herein as Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant to the Premises, the 2 together with a non-exclusive right and easement to use in common with others entitled thereto all Common Areas which include but are not limited to, driveways, parking areas, landscaped areas, drainage easements and other facilities of the Demised Premises. The Demised Premises subject to this Sublease (aas shown on Exhibit 2) common facilities now consists of land and improvements including a building presently occupied by Schlotzsky’s (hereinafter “Common Facilitiesthe Schlotzsky’s Building”) in ). Sublessee desires the right to demolish the Schlotzsky’s Building and to construct a building, containing no more than 2,000 square feet and related improvements to be used by Sublessee as a Bank Facility as shown on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitationSite Plan included herein as Exhibit 2, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence terms of the Underlying Lease. Sublessor hereby grants Sublessee the right to demolish the existing Schlotzsky’s Building and current site improvements as included herein as Exhibit 2a, (“Existing Schlotzsky’s Site”) further provided that Sublessee complies with the requirements of the Underlying Lease and this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the PremisesSublease. Tenant’s Sublessee acknowledges that its rights hereunder shall always be under this Lease are subject to the reasonable rules rights of TLK, LLC under its lease agreement with the Owners of the Property and regulations from time it will take no actions to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) said lessee during the term of its lease agreement with Owners of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenant.
Appears in 1 contract
Samples: Sublease Agreement (Greenville First Bancshares Inc)
Demised Premises. The demised premises consisting Section 1.1 Landlord, in consideration of the entire sixth rents to be paid and the covenants and agreements to be performed by the Tenant does hereby lease unto Tenant Demised Premises situated in the City of Detroit, County of Wxxxx and 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 building south atrium of that certain office building, known as "300 River Place" (hereinafter “referred to as the "Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are 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 A attached heretoB, containing 15,088 square feet and thereby made a part hereof, (the Office Premises and the 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 rentable floor area requisite parking fees) (hereinafter referred to as the “Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, "Common Areas") as appurtenant to the Premises, the non-exclusive right and easement to may be designated by Landlord for use in common with others entitled thereto Landlord and the tenants and occupants (atheir agents, employees, customers and invitees) common facilities 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 “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitationreferred to as "River Place"), sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants if any. Tenant acknowledges that portions of the Building as 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 the Demised Premises shall be determined by the Landlord Landlord's architect after the exact location of the demising walls of the Demised Premises has been specified by the Tenant, or when the Demised Premises are otherwise completed and ready for occupancy and written confirmation of such determination shall be attached hereto and incorporated herein by reference; provided, that the 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, measured in accordance with the ANSI Z65.1-1980 (subject to the last sentence of this paragraphreaffirmed in 1989), and standard for determining usable square feet, plus a fifteen percent (15%) common area factor.
Section 1.2 Landlord reserves (a) the right to convert portions of the Building designated as Office Premises, Retail Premises or Common Areas or designated for use for other purposes to other of such purposes from time to time as Landlord shall determine, (b) the right from time to time to make changes, alterations, additions, improvements, repairs or replacements in or to the Building (including the Demised Premises, subject to the protections afforded Tenant by Sections 7.00 and 14.1 below) and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, elevators, escalators and stairways and other parts of the Building, and to erect, maintain, and use pipes, ducts, and conduits in and through the Demised Premises, all as Landlord may reasonably deem necessary or desirable; provided, however, that there be no unreasonable obstruction of the means of access to the Demised Premises, (c) all rights to, and the use of, the perimeter walls of the Demised Premises, any balconies, terraces or roofs adjacent to the Demised Premises (including any installations on said walls, balconies, terraces and roofs) and any space in and/or adjacent to the Demised Premises used for shafts, stairways, stacks, pipes, conduits, utility linesducts, wiresmail chutes, sewerage system conveyors, pneumatic tubes, electric or other utilities, sinks, fan rooms and appurtenant equipment serving other facilities of the PremisesBuilding, as well as access thereto through the Demised Premises (at and for such times as shall not unreasonably interfere with Tenant's business) for the purpose of such use and the operation, improvement, replacement, addition, repair, maintenance or decoration thereof, and (d) the right to eliminate, substitute and/or rearrange the Common Areas (which may theretofore have been so designated) as Landlord deems appropriate in its discretion. Tenant’s 's nonexclusive right to utilize the Office Common Areas shall be in common with Landlord, other tenants and occupants of the Building and others to whom Landlord grants such rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenanttime.
Appears in 1 contract
Samples: Office Lease Agreement (Fahnestock Viner Holdings Inc)
Demised Premises. The demised premises consisting Subject to and contingent upon the written consent of the entire sixth Prime Landlord described in Section 22(l) hereinbelow, which consent shall be in a form reasonably satisfactory to Sublandlord and Subtenant ("LANDLORD CONSENT"), Sublandlord does hereby sublease to Subtenant, and Subtenant does hereby sublease from Sublandlord, for the term and upon the conditions hereinafter provided, the Demised Premises, including the right to use all common areas relating to the Building as set forth in the Prime Lease, including the right to use all HVAC units exclusively serving the server room of the Demised Premises (the "EXCLUSIVE HVAC UNITS") that are to be installed as part of Sublandlord's Work (as defined hereafter). The Demised Premises is agreed to be approximately 18,021 square feet of gross rentable area (the "RENTABLE AREA") located on the first floor of the building (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises and are shown outlined on Exhibit A EXHIBIT B attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “Premises”)hereto and made a part hereof. Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant Subtenant shall have, as appurtenant to the Premises, also have the non-exclusive right to use, in common with others, without additional charge (except as provided hereinbelow) subject to the applicable terms of the Prime Lease (if any), all common areas of the Building, including the fitness room and easement showers, cafeteria area and loading dock, provided that, with respect to use of the fitness room and cafeteria area, Subtenant shall first obtain the consent of Sublandlord, which consent shall not be unreasonably withheld, delayed or conditioned, prior to any use or operation of the cafeteria area and fitness room. Sublandlord shall not be responsible or liable for any costs, expenses or other obligations with respect to the operation of the cafeteria area or fitness room, all of which operational costs and expenses (including additional electricity charges resulting from the operation of said areas) shall be borne by Subtenant and any other tenants of the Building; provided, however, that only those parties who have consented to the operation of the cafeteria or fitness rooms shall be liable for such expenses and provided further that, except for the above-referenced operation costs, Subtenant shall not be charged any additional Rent for operating the cafeteria or fitness rooms beyond the amounts already required under this Sublease). Notwithstanding the foregoing, Subtenant shall have the right to use, in common with others entitled thereto thereto, at no additional charge, the cafeteria area during normal business hours for the limited purpose of conducting company meetings. In addition, upon prior notice to and approval from Sublandlord (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may approval shall not be designated from time to time by the Landlord (subject to the last sentence of this paragraphunreasonably withheld or delayed), and payment to Sublandlord of Two Hundred Fifty Dollars (b$250.00) for each use, Subtenant may use the pipescafeteria area for company parties or functions. In the event that the cafeteria is being operated, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s Subtenant's use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees cafeteria shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord be coordinated so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use its operation as a cafeteria. Subtenant shall have, in common with other tenants of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on SaturdayBuilding, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change use the street address UPS and the name generator, which usage shall not exceed Subtenant's and each such other tenant's respective pro rata share of the Building at any time Building. Subtenant shall be responsible for all maintenance, repair and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenantreplacement of the Exclusive HVAC Units.
Appears in 1 contract
Demised Premises. The demised premises consisting 1.1 For and in consideration of the entire sixth floor covenants and agreements hereinafter set forth and the rent hereinafter specifically reserved hereinbelow, Landlord does hereby lease unto Tenant, and Tenant does hereby lease from Landlord the Demised Premises in the Building, and all other portions of the building (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “Premises”)Project. Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant to the Premises, the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “LandlordTenant’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants occupancy of the Building as may Demised Premises shall be designated from time to time by the Landlord (on an exclusive basis, subject to the last sentence conditions set forth herein.
1.2 Landlord shall construct the Landlord’s Work in accordance with the construction provisions set forth in Exhibit D including the Landlord’s Minimum Specifications set forth on Exhibit E. Tenant agrees that all work, including but not limited to Landlord’s Work and Tenant’s Work, to be performed within the Project and otherwise described in this Lease shall be subject to approval by the National Park Service, the IRS, the Missouri State Historic Preservation Office and the Missouri Department of Economic Development.
1.3 Landlord shall construct the Tenant’s Work in accordance with the final permit set of construction drawings approved by Landlord (“Final Construction Drawings”) pursuant to the construction provisions set forth in Exhibit F. “Tenant’s Work” as used in this paragraph)Lease shall mean all improvements, work, and other finishes to the Demised Premises shown on the Final Construction Drawings except for Landlord’s Work. At least ten (10) business days after Substantial Completion of Tenant’s Work, Landlord and Tenant shall cooperate to execute a mutually agreeable “punch list” identifying any incomplete or unacceptable items in Landlord’s Work or Tenant’s Work. No later than thirty (30) days after the parties execution of said “punch list”, Landlord shall complete all items identified on said “punch list”; provided that Landlord shall have such additional time as is reasonably necessary to complete any items, so long as Landlord uses commercially reasonable efforts to promptly LEASE AGREEMENT complete such item. Upon completion of all items identified on the “punch list,” Tenant shall execute a form acknowledging completion of Tenant’s Work. Notwithstanding anything to the contrary contained herein, any portion of Landlord’s Work or Tenant’s Work that is (x) located on the exterior of the Building, and (by) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises necessary for the Permitted Use. EXCEPTED AND EXCLUDED from issuance of a final certificate of occupancy, shall be deemed to be a “punch list” item(s) if the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights is incomplete upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to TenantSubstantial Completion.
Appears in 1 contract
Samples: Lease Agreement (Laclede Group Inc)
Demised Premises. Subject to and contingent upon the written consent of the Prime Landlord, Sublandlord does hereby sublease to Subtenant, and Subtenant does hereby sublease from Sublandlord, for the term and upon the conditions hereinafter provided, the Demised Premises, including the right to use all common areas relating to the Building as set forth in the Prime Lease. The demised premises Demised Premises is agreed to be approximately 61,000 square feet of gross rentable area (the "RENTABLE AREA"), consisting of 35,000 square feet on the entire sixth second floor of the building (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 and 26,000 square feet of rentable floor area (hereinafter the “Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant to the Premises, the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants first floor of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph)Building, and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system are outlined on EXHIBIT B attached hereto and appurtenant equipment serving the Premisesmade a part hereof. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees Subtenant shall have the right of access to use, at its sole cost, the Building's UPS, supplemental cooling systems and entry generator. Sublandlord warrants that such UPS, supplemental cooling systems and generator (collectively, the "Supplemental Systems") shall be in good working order on the Commencement Date (as defined hereafter). Subtenant shall have the option (each time the option is exercised it shall be referred to as an "EXPANSION OPTION"), to be exercised not more than two (2) times during the Term (as defined hereafter), at any time subject to the terms of this Sublease, to expand the Demised Premises in accordance with the provisions of this Section to include the some or all of the space outlined as the Expansion Area on EXHIBIT B-1 attached hereto, consisting of 13,426
(i) Base Rent shall be increased in each case as a result of the inclusion of the applicable portion of the Expansion Area expended into by Subtenant, and Subtenant shall pay, commencing on the Effective Date, Base Rent for the applicable portion of the Expansion Area at the same then-current rate payable with respect to the original Demised Premises, and (ii) Subtenant's Proportionate Share for purposes of such installationcalculating Operating Costs and Taxes shall be adjusted, maintenance commencing on the Effective Date, and shall reflect that Subtenant occupies an additional portion of the Building, up to one hundred percent (100%) of the Building should Subtenant expand into the entire Expansion Area. The minimum amount of the Expansion Area to be expanded into by Subtenant in the exercise of any Expansion Option as set forth herein shall be 6,500 square feet of space. If Subtenant shall exercise an Expansion Option in accordance with this Section, the provisions of this Section shall be self-operative, but upon request by Sublandlord or operation or for Subtenant, the purposes parties shall execute an agreement specifying the area and location of making repairsthe Demised Premises as expanded, alterations or additions the Base Rent applicable to the applicable portion of the Expansion Area, and the date the Demised Premises are to be, or have been, expanded under that Expansion Option. The Expansion Area shall be delivered to Subtenant in accordance with Exhibit B-1 and Exhibit C, but otherwise in its "as is" condition. Notwithstanding any provision of this Section to the Building contrary, the Expansion Option shall be void, at Sublandlord's election, if Landlord so elects. Except Subtenant is in cases of emergencydefault hereunder, Landlord shall after any applicable notice and cure periods have expired, at the time Subtenant elects to exercise an Expansion Option or at the foregoing rights upon reasonable notice time the Expansion Area would be added to the Tenant and Demised Premises. Nothing in such a manner as not this Section shall be construed to interfere unreasonably with Tenant’s use of grant to Subtenant any rights or interest in any space in the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays Building (hereinafter “Business Hours”). Landlord further reserves other than the right to change occupy the street address original Demised Premises as set forth herein), and the name any claims by Subtenant alleging a failure of the Building at Sublandlord to comply herewith shall be limited to claims for monetary damages. Subtenant may not assert any time and from time to time upon sixty (60) days prior rights in any space nor file any lis pendens or similar notice to Tenant, without liability to Tenantwith respect thereto.
Appears in 1 contract
Demised Premises. The demised premises consisting 1.1 For and in consideration of the entire sixth rent hereinafter reserved and the mutual covenants hereinafter set forth, Landlord does hereby lease and demise unto Tenant, and Tenant does hereby hire, lease and accept from Landlord for the Term (as defined in Section 2), upon the terms and conditions hereinafter set forth, approximately twelve thousand four hundred fifty- two (12,452) rentable square feet of office space (such space being hereinafter referred to as the “Demised Premises”) as measured in accordance with the method of measurement set forth in Exhibit D attached hereto and incorporated herein, on the Fourth (4th) floor of the building (hereinafter located at 0000 Xxxxxxxxxx Xxxxx, XxXxxx, Virginia 22102 the “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises ). The Demised Premises are shown outlined on the floor plan set forth in Exhibit A attached heretohereto and incorporated herein. Upon Landlord’s approval of the final space plan for the Initial Work (as defined below), containing 15,088 Landlord’s architect will issue a certificate to Tenant (the “Architect’s Certificate”) which specifies the number of rentable square feet in the Demised Premises.
1.2 The rentable square footage of the Demised Premises is subject to confirmation by Tenant’s architect prior to the Commencement Date. If the rentable floor area square footage of the Demised Premises determined by Tenant’s architect differs by no more than three percent (hereinafter 3%) (higher or lower) from the “Premises”)figure set forth in this Lease, then the figure in this Lease shall be controlling. Said Building contains an aggregate total If the rentable area square footage of 211,232 square feet. the Demised Premises determined by Tenant’s architect differs by more than three percent (3%) (higher or lower) from the figure set forth in this Lease, then Landlord and Tenant (in coordination with their respective architects) shall endeavor in good faith to resolve the discrepancy, and if they are not able to resolve such discrepancy, then Landlord and Tenant shall havejointly appoint an independent architect to resolve such discrepancy and the determination of such independent architect shall be binding on both Landlord and Tenant. During the pendency of any such dispute, Tenant shall pay Base Rent to Landlord based on Landlord’s determination. The cost of any such independent architect shall be shared equally by Landlord and Tenant. The rentable square footage of the Demised Premises determined in accordance with this Section 1.2 shall be set forth in a Declaration of Lease Commencement in form attached hereto as appurtenant Exhibit B and shall be binding on both Landlord and Tenant, and all relevant terms of this Lease shall be adjusted in accordance therewith. If Tenant makes any payment of Base Rent prior to the Premisesfinal determination of the rentable square footage of the Demised Premises and such square footage subsequently is adjusted, then the non-exclusive Base Rent and other amounts based on square footage shall be retroactively adjusted to reflect such square footage as of the Commencement Date. If the amount of Base Rent payable for such period exceeds the amount theretofore paid by Tenant, Tenant shall pay the amount of such excess to Landlord within thirty (30) days of written demand thereof from Landlord. If the amount of Base Rent payable for such period is less than the amount theretofore paid by Tenant, Landlord shall credit the same to the next payment of Base Rent due hereunder.
1.3 This Lease includes the right and easement of Tenant to use the Common Building Facilities (as defined below) in common with others entitled thereto (a) other tenants in the Building. The term “Common Building Facilities” means all of the common facilities (hereinafter “Common Facilities”) in or around the Building designed and intended for use by all tenants in the Building in common with Landlord and on the land on which it is located each other, including but not limited to hallways, elevators, fire stairs, telephone and electric closets (said Building and land are hereinafter “Landlord’s Property”) including without limitationfor purposes of connecting to existing equipment), sidewalksaisles, walkways, truck docks, plazas, courts, restrooms, service areas, lobbies, hallwayslandscaped areas, stairways, entranceways, exterior spaces, and all other common washrooms and such other facilities available to all tenants service areas of the Building and the Land (as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided defined in Section 23B hereof, provided 5.1) intended for such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenantuse.
Appears in 1 contract
Samples: Lease Agreement (Cvent Inc)