Common use of DESCRIPTION OF PREMISES Clause in Contracts

DESCRIPTION OF PREMISES. Landlord hereby leases to Tenant, and Tenant hereby accepts and rents from Landlord, the Premises, together with the nonexclusive right to use all driveways, parking areas, sidewalks and other common facilities furnished by Landlord from time to time; provided, however, in no event shall Tenant’s usage of the surface parking spaces adversely impact the use and enjoyment of the parking areas by other tenants of the Building or exceed the parking rights set forth in Section 1(n) herein. Prior to the Commencement Date, Landlord may have its architect or engineer measure the actual total square footage of the Premises as measured from the centerline of the demising wall to the drip line and Landlord shall immediately provide Tenant with a copy of such new measurement once Landlord receives the measurement from its architect or engineer. In the event the Premises shall contain an amount of square footage different than the amount of square feet referenced in Section 1(a) above, the Premises shall be redefined to reflect the actual square footage and the Annual Rental (as hereinafter defined) shall be proportionately adjusted based on the actual square footage multiplied by the applicable square foot rental rate (and such adjustment shall relate back to the Commencement Date if there is a variance). The reasonable cost of such measurement shall be borne by Landlord. Notwithstanding the foregoing, Landlord and Tenant acknowledge that Tenant currently occupies the Premises and Tenant hereby accepts the Premises in its “as-is, where-is” condition, except as hereinafter provided. Landlord shall have no obligation for any improvements to the Premises except for the following matters which shall be completed by Landlord, at Landlord’s sole cost and expense, within ninety (90) days after the date hereof: (a) power wash the exterior of the Building, (b) strip and re-paint the truck court stairs and railings, (c) revise and upgrade the Business Park’s directory signage in a manner substantially similar to the signage depicted on Exhibit “F” attached hereto and incorporated herein by reference, and (d) install a right turn directional arrow in front of Suite 275 of the Royal Center II building in the Business Park in order to direct traffic to the suite entrance of the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Inspire Pharmaceuticals Inc), Lease Agreement (Inspire Pharmaceuticals Inc)

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DESCRIPTION OF PREMISES. Landlord owns the real property, and all improvements thereon, located at 000 Xxxxxxxxxx Xxx, Xxxxxxxx, Xxxxx, being more particularly described in a deed into Landlord dated April 27, 2018 and recorded in the Cumberland County Registry of Deeds in Book 34811, Page 144 (the “Property”). Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed by Tenant, does hereby leases to lease unto Tenant, and Tenant does hereby accepts lease and rents take from Landlord, those certain premises, deemed to be 14,300 square feet of floor area including the loading docks for that area, (hereinafter referred to as the “Demises Premises”), together with being the nonexclusive entire “Building” situated on the Property. The Demised Premises shall include the Tenant’s exclusive right to the parking area(s) shown in purple on Exhibit A attached hereto and incorporated herein. Additionally, the Tenant shall have the right to use all drivewaysin common with others, parking areas, sidewalks and other common facilities furnished by the access way shown in green on Exhibit A. Landlord reserves the right from time to time, at Landlord’s sole discretion, to alter or redesign the ingress or egress of the parking area; provided, however, that Landlord shall not in no event shall the exercise of such rights unreasonably interfere with Tenant’s usage conduct of the surface parking spaces adversely impact the Tenant’s business or with Tenant’s use and or enjoyment of the parking areas by other tenants Demised Premises. Those portions of the Building or exceed Property exclusive of the parking rights set forth in Section 1(n) hereinDemised Premises are referred to herein as the “Remaining Land”. Prior Landlord warrants that it has good and merchantable title to the Commencement DateProperty, Landlord may have its architect or engineer measure the actual total square footage of the and is lawfully authorized to enter into this Lease The Demised Premises as measured from the centerline of the demising wall are let and taken subject, however, to the drip line and Landlord shall immediately provide Tenant with a copy of such new measurement once Landlord receives the measurement from its architect or engineer. In the event the Premises shall contain an amount of square footage different than the amount of square feet referenced in Section 1(a) above, the Premises shall be redefined to reflect the actual square footage and the Annual Rental (as hereinafter defined) shall be proportionately adjusted based on the actual square footage multiplied by the applicable square foot rental rate (and such adjustment shall relate back to the Commencement Date if there is a variance). The reasonable cost of such measurement shall be borne by Landlord. Notwithstanding the foregoing, Landlord and Tenant acknowledge that Tenant currently occupies the Premises and Tenant hereby accepts the Premises in its “as-is, where-is” condition, except as hereinafter provided. Landlord shall have no obligation for any improvements to the Premises except for the following matters which shall be completed by Landlord, at Landlord’s sole cost and expense, within ninety (90) days after the date hereof: following: (a) power wash the exterior any state of facts an accurate survey or inspection of the Building, Property may show; (b) strip present and re-paint the truck court stairs future building codes and railingsrestrictions and regulations, zoning laws, and all laws, ordinances, regulations and orders of governmental authorities; (c) revise rights, if any, of others and upgrade the Business Park’s directory signage in a manner substantially similar Landlord relating to the signage depicted on Exhibit “F” attached hereto water, gas, electric and incorporated herein by referenceother utility lines, wires, poles, pipes and gas conduits and maintenance thereof; and (d) install a right turn directional arrow in front of Suite 275 rights, if any, of the Royal Center II building public in to any streets or other ways, or portions thereof, included in the Business Park in order to direct traffic to the suite entrance of the Demised Premises.

Appears in 1 contract

Samples: Lease Agreement (Immucell Corp /De/)

DESCRIPTION OF PREMISES. Landlord hereby leases The lease must accurately describe the leased premises. Depending on the type of property, this can be done in a variety of ways. In a downtown building with substantial partitioning walls that cannot be readily relocated, a simple room number or suite number may be sufficient. Most office buildings constructed in the last fifty years have steel frame con- struction that permits the ready relocation of interior partition walls. With such buildings it is best to Tenantdescribe the leased premises by reference to a floor plan, and Tenant hereby accepts and rents since demising walls can be easily relocated. A “demising wall” is a wall that sepa- rates one tenant’s space from Landlordanother’s or from common area, as opposed to an interior partition wall separating rooms within one tenant’s space. Of course, if the premises comprise the entirety of one or more floors of the building, it will be sufficient simply to identify the floors. In any event, where a floor plan is available, the Premisesbetter practice is to attach it as an exhibit to the lease and to describe the premises by reference to the plan. Particularly where the premises are to be newly delineated by the construction of new demising walls, together with the nonexclusive right to use all driveways, parking areas, sidewalks and other common facilities furnished by Landlord from time to time; provided, however, in no event shall Tenant’s usage plan should clearly show the boundaries of the surface parking spaces adversely impact premises. If the use and enjoyment tenant employs a design professional to prepare or review leasehold improvement plans, that professional should prepare or review the floor plan designating the premises. Frequently, the parties negotiate the rent on a rate per square foot of floor area. Where rent is calculated as a function of the parking areas by other tenants floor area of the Building or exceed premises, the parking rights set forth in Section 1(n) herein. Prior to leasing attorney should consider and address the Commencement Date, Landlord may have its architect or engineer measure possibility that the actual total square footage floor area of the Premises as measured from the centerline of the demising wall to the drip line and Landlord shall immediately provide Tenant with a copy of such new measurement once Landlord receives the measurement from its architect or engineer. In the event the Premises shall contain an amount of square footage different premises may be other than the amount assumed by the parties. This is usually the tenant’s concern, since the land- lord typically designates the area of square feet referenced the premises, i.e., holds out to the tenant that the premises contain the stated amount of floor area. The prudent tenant’s attorney is gnawed by the doubt that this designation may not be grounded in Section 1(a) abovereality. This doubt can be laid to rest by measuring the premises and recalculating rent (and other lease terms that derive from the area of the premises, such as the amount of a tenant improvement allowance, the Premises shall be redefined to reflect the actual square footage number of allotted parking spaces, and the Annual Rental (tenant’s proportionate share of real estate taxes and operating expenses) based on such measurement. A remeasurement provision is a two-edged sword—the landlord likely will require a mutual right to remeasure and will specify that rent can move up, as hereinafter defined) shall be proportionately adjusted well as down, based on the actual square footage multiplied by the applicable square foot rental rate (and such adjustment shall relate back measurement. In response to the Commencement Date if there potential for upward rent adjustment, the tenant may argue that it has bargained for only a specified amount of space and that, while it wants to ensure that it only pays for the space it actually gets, it is unwilling to accept (or at least to pay for) more space than it has bargained for. Accordingly, a variance)strong tenant may impose a cap on any upward adjustment of the rent based on a measurement. The reasonable cost of such measurement shall be borne by Landlord. Notwithstanding basis for this position is that the foregoing, Landlord and Tenant acknowledge that Tenant currently occupies landlord knows or has at hand the Premises and Tenant hereby accepts means for determining the Premises in its “as-is, where-is” condition, except as hereinafter provided. Landlord shall have no obligation for any improvements to the Premises except for the following matters which shall be completed by Landlord, at Landlord’s sole cost and expense, within ninety (90) days after the date hereof: (a) power wash the exterior precise area of the Buildingpremises and should take the risk of overstatement or understatement. A measurement provision should state (1) the formula for determining usable area and for converting usable area to rent- able area, (b2) strip and re-paint a deadline for completing the truck court stairs and railingsmeasurement, (c3) revise and upgrade the Business Park’s directory signage in a manner substantially similar to the signage depicted on Exhibit “F” attached hereto and incorporated herein by referencewho may measure, and (d4) install any caps on upward or down- xxxx adjustments based on the measurement. As to item (1), the lease may either specify a right turn directional arrow in front formula or refer to a standard measurement method, such as that promulgated by the Building and Office Management Association, or the “New York” measurement method. In any event, the leasing attorney should make sure that the client understands the method to be applied. Independently of Suite 275 determining floor area for purposes of establishing rent amounts, the lease should specify the xxxxxx- xxxx of the Royal Center II building in “box” of space encompassed by the Business Park in order to direct traffic to the suite entrance premises for purposes of allocating responsibility for and control of the Premises.elements of the building. In most leases of space in multitenant office buildings, the landlord wants to cede control of, and the tenant wants to accept responsibility for, only the interior finished surfaces of the perimeter boundaries of the premises—walls, floors, and ceilings—and the plenum of space encompassed thereby, excluding utility chases, elevator shafts, and other spaces serving the building generally. The common areas and facilities of the building are the landlord’s concern and responsibility and should be excluded from the premises specifications. See Exhibit 2B.

Appears in 1 contract

Samples: Commercial Lease Agreement

DESCRIPTION OF PREMISES. The Landlord hereby leases to Tenantthe Tenant all of the property located at 000 Xxxxxxxxxx Xxxx Xxx, Xxxxxxxxxx Xxxx, Xxxxx Xxxxxxxxxx, Vermont, containing 5 acres, more or less, and Tenant hereby accepts and rents from Landlordknown as Lot 2 of Technology Park (the “Property”), as shown on the Premisessite plan attached to this Lease as Exhibit A, together with the nonexclusive building on the Property (the “Building”), floor plans of which are attached hereto as Exhibit B and made a part hereof, which includes approximately 48,395 net square feet (approximately 53,500 gross rentable square feet) (the Property and the Building are collectively the “Premises”). Tenant and its customers and invitees shall also have the exclusive right to use all driveways, parking areas, sidewalks entrance ways, walks, lobbies, elevators, emergency access, and other common facilities furnished by Landlord areas now in place on the Premises and hereafter from time to time; providedtime added and made available on the Premises, howeversubject to the rights of the Landlord and Landlord’s agents and contractors to perform Landlord’s obligations and exercise Landlord’s rights hereunder, in and those sidewalks and drives to the extent currently dedicated to the general public (“Common Areas”) and subject to such reasonable rules and regulations as Landlord may from time to time promulgate governing the same, provided no event such Landlord rule or regulation shall adversely impact Tenant’s usage of the surface parking spaces adversely impact the use and enjoyment of the parking areas by other tenants of the Building or exceed the parking rights set forth in Section 1(n) herein. Prior to the Commencement Date, Landlord may have its architect or engineer measure the actual total square footage of business conducted at the Premises as measured from the centerline of the demising wall to the drip line and Landlord shall immediately provide Tenant with a copy of such new measurement once Landlord receives the measurement from its architect or engineer. In the event the Premises shall contain an amount of square footage different than the amount of square feet referenced in Section 1(a) above, the Premises shall be redefined to reflect the actual square footage and the Annual Rental (as hereinafter defined) shall be proportionately adjusted based on the actual square footage multiplied by the applicable square foot rental rate (and such adjustment shall relate back to the Commencement Date if there is a variance). The reasonable cost of such measurement shall be borne by Landlorddiminish Tenant’s rights hereunder. Notwithstanding the foregoing, Tenant shall not have the right to fence the Property or Premises, install security or access limiting devises on the parking, or perform landscaping on the Property. Tenant shall be entitled to the use of all 191 parking spaces in the designated parking area on the Property shown on Exhibit A. Landlord shall provide reasonable light for all driveways, sidewalks and Tenant acknowledge that Tenant currently occupies parking areas on the Premises as set forth on Exhibit A, and Tenant hereby accepts the Premises in its “as-isshall maintain such driveways, where-is” condition, except as hereinafter provided. Landlord shall have no obligation for any improvements to the Premises except for the following matters which shall be completed by Landlord, walkways and parking areas at Landlord’s sole cost and expense, within ninety (90) days after the date hereof: (a) power wash the exterior of the Building, (b) strip and re-paint the truck court stairs and railings, (c) revise and upgrade the Business Park’s directory signage all times in a manner substantially similar to the signage depicted on Exhibit “F” attached hereto clean, safe condition and incorporated herein by reference, and (d) install a right turn directional arrow in front of Suite 275 of the Royal Center II building in the Business Park in order to direct traffic to the suite entrance of the Premisesgood repair.

Appears in 1 contract

Samples: Lease (Green Mountain Coffee Roasters Inc)

DESCRIPTION OF PREMISES. Landlord hereby leases Seller shall sell to TenantBuyer, and Tenant hereby accepts Buyer shall purchase from Seller, at the price and rents from Landlordupon the terms and conditions set forth in this Agreement: (a) the parcel of land (herein called the “Land”) located at 7000 Xxxx Xxxxx in the Town of Breinigsville, County of Lehigh and Commonwealth of Pennsylvania, described on Exhibit A hereto. The Land is more particularly shown on a survey entitled “BOUNDARY SURVEY PLAN SHOWING LANDS OF PABST BREWING COMPANY, A DELAWARE CORPORATION LOCATED IN UPPER MACUNGIE TOWNSHIP, LEHIGH COUNTY, PA PREPARED FOR GUINNESS UDV NORTH AMERICA, INC.,” dated December 4, 2001 and prepared by The Pxxxxxx Company, Allentown, PA. A copy of said survey is attached hereto as Exhibit B, and same shall be herein called the “2001 Survey”; (b) all buildings and improvements situated on the Land (collectively, the Premises“Building”); (c) the freestanding monument sign (the “Sign”) located on a parcel of land adjacent to the Land; (d) all fixtures, together with the nonexclusive right to use all drivewaysfurniture, parking areasmachinery, sidewalks equipment and other common facilities furnished by Landlord from time to time; providedpersonal property, howeverincluding spare parts and supplies, located in no event shall Tenant’s usage of the surface parking spaces adversely impact the use and enjoyment of the parking areas by other tenants of the Building or exceed on the parking Land as are, or at Closing will be, owned by Seller, including all assets listed on the Asset Listing (attached hereto as Exhibit K) as of the Effective Date and any assets purchased prior to Closing (collectively, the “Equipment”), except as specified on the list of Excluded Equipment and Property attached hereto as Exhibit C (collectively, the “Excluded Equipment”); (e) all right, title and interest of Seller, if any, in and to any easements or rights set forth in Section 1(n) herein. Prior of way appurtenant to the Commencement DateLand and the land lying in the bed of any railway, Landlord may have its architect street, or engineer measure highway in front of or adjoining the actual total square footage of the Premises as measured from the centerline of the demising wall Land and all other appurtenances to the drip line Land and Landlord shall immediately provide Tenant with a copy of such new measurement once Landlord receives the measurement from its architect or engineer. In the event the Premises shall contain an amount of square footage different than the amount of square feet referenced in Section 1(a) aboveBuilding (collectively, the Premises shall be redefined “Appurtenances”); (f) all right, title and interest of Seller in and to reflect the actual square footage Operating Agreements (as hereinafter defined), to the extent assignable; (g) all right, title and interest of Seller in and to all warranties, guaranties, permits and licenses relating to the Annual Rental Appurtenances and Equipment, to the extent assignable; and (h) all assets from any Seller Employee Benefit Plan attributable to Transferred Employees (as hereinafter defined) shall be proportionately adjusted based on the actual square footage multiplied by the applicable square foot rental rate (and such adjustment shall relate back to the Commencement Date if there that is a variance)flexible spending plan governed by section 125 of the Code. The reasonable cost of such measurement shall be borne by Landlord. Notwithstanding the foregoingLand, Landlord and Tenant acknowledge that Tenant currently occupies the Premises and Tenant hereby accepts the Premises in its “as-is, where-is” condition, except as hereinafter provided. Landlord shall have no obligation for any improvements to the Premises except for the following matters which shall be completed by Landlord, at Landlord’s sole cost and expense, within ninety (90) days after the date hereof: (a) power wash the exterior of the Building, the Equipment, the Appurtenances, the Operating Agreements, and the other items described in Section 1.1 are hereinafter collectively referred to as the “Premises”. For the avoidance of doubt, the Premises do not include any intellectual property owned by the Seller or any of its affiliates, and except as expressly provided in Section 9.1 of the Packaging Services Agreement (b) strip and re-paint as hereinafter defined), nothing in this Agreement shall transfer any right, title or interest in or to any intellectual property owned by the truck court stairs and railings, (c) revise and upgrade the Business Park’s directory signage in a manner substantially similar Seller or any of its affiliates to the signage depicted Buyer, but shall specifically include the right to use and to operate the Premises as configured and delivered to Buyer on Exhibit “F” attached hereto and incorporated herein by reference, and (d) install a right turn directional arrow in front of Suite 275 of the Royal Center II building in the Business Park in order to direct traffic to the suite entrance of the PremisesClosing Date.

Appears in 1 contract

Samples: Contract of Sale (Boston Beer Co Inc)

DESCRIPTION OF PREMISES. Subject to and with the benefit of the provisions of this Lease, Landlord hereby leases to Tenant, and Tenant hereby accepts and rents leases from Landlord, the Premises. Tenant shall have, together with as appurtenant to the nonexclusive Premises, the right to use all drivewaysin common with others entitled thereto: (i) the common lobbies, corridors, stairways, elevators and loading platform of the East Unit; (ii) the General Common Areas of the Condominium; and (iii) Eighty-One (81) undesignated, covered parking areas, sidewalks and other common facilities furnished spaces (at no extra charge or expense) in the Lower South Building Parking Garage Limited Common Element. Such appurtenant rights shall be subject to (i) reasonable rules of general applicability to tenants of the East Unit from time to time made by Landlord of which Tenant is given notice; and (ii) the terms and conditions of the Condominium Documents. Landlord reserves the right from time to time; provided, however, so long as same does not result in no event shall unreasonable interference with Tenant’s usage use or access to the Premises, (i) to install, repair, replace, use, maintain and relocate for service to the Premises, service fixtures and equipment wherever located in the East Unit, and (ii) to alter or relocate any common facilities of the surface parking spaces adversely impact East Unit or the use and enjoyment General Common Elements of the parking areas by other tenants of Brighton Landing Condominium. Landlord also reserves the Building or exceed right at all reasonable times, upon twenty-four (24) hours advance notice (except only such reasonable notice as is practicable under the parking rights set forth circumstances is required in Section 1(n) herein. Prior to the Commencement Date, Landlord may have its architect or engineer measure the actual total square footage of the Premises as measured from the centerline of the demising wall to the drip line and Landlord shall immediately provide Tenant with a copy of such new measurement once Landlord receives the measurement from its architect or engineer. In the event of an emergency), to enter upon the Premises shall contain an amount of square footage different than the amount of square feet referenced in Section 1(a) abovePremises, the Premises shall be redefined to reflect the actual square footage and the Annual Rental (as hereinafter defined) shall be proportionately adjusted based on the actual square footage multiplied by the applicable square foot rental rate (and such adjustment shall relate back to the Commencement Date if there is a variance). The reasonable cost of such measurement shall be borne by Landlord. Notwithstanding the foregoing, Landlord and Tenant acknowledge that Tenant currently occupies inspect the Premises and Tenant hereby accepts in Landlord’s reasonable discretion, to make repairs, alterations or substitutions for the protection and maintenance of the East Unit and/or the Condominium Common Elements, or any part thereof, and, only during the last twelve (12) months of the Term, to show the Premises in its “as-is, where-is” condition, except as hereinafter providedto others. Landlord shall have no obligation for any improvements will exercise reasonable efforts to minimize disruption to Tenant’s business and will not materially diminish the Premises except for the following matters which shall be completed by Landlord, at Landlord’s sole cost and expense, within ninety (90) days after the date hereof: (a) power wash the exterior of the Building, (b) strip and re-paint the truck court stairs and railings, (c) revise and upgrade the Business Park’s directory signage in a manner substantially similar to the signage depicted on Exhibit “F” attached hereto and incorporated herein by reference, and (d) install a right turn directional arrow in front of Suite 275 of the Royal Center II building in the Business Park in order to direct traffic to the suite entrance attractiveness or functionality of the Premises.

Appears in 1 contract

Samples: Lease Agreement (AMICAS, Inc.)

DESCRIPTION OF PREMISES. Landlord hereby leases to Tenant, and Tenant hereby accepts and rents from Landlord, the Premises, Premises within the Building located in the Business Park; together with the nonexclusive right to use all driveways, parking areas, sidewalks and other common facilities furnished by Landlord from time to time; provided, however, in no event shall Tenant’s usage the Common Areas. The useable area of the surface parking spaces adversely impact Premises shall be determined in accordance with the use standards set forth in ANSI Z65.1-1996, as promulgated by the Building Owners and enjoyment Managers Association ("BOMA Standard"). The rentable area of the parking areas Premises shall be determined by other tenants multiplying the useable area of the Premises by a "core factor" equal to 7.74% with respect to the third floor of the Building or exceed and 7.72% with respect to the parking rights fourth floor of the Building. Landlord and Tenant hereby agree that for purposes of this Lease, the rentable square footage of the Premises initially shall be as set forth in Section 1(n1(a) herein. Prior to Landlord or Tenant may, within sixty (60) days after the Commencement Date, Landlord may have its architect or engineer measure the actual total useable square footage of the Premises as measured from the centerline and corresponding rentable area of the demising wall to Premises, taking into account the drip line and Landlord shall immediately provide Tenant with a copy of such new measurement once Landlord receives the measurement from its architect or engineerapplicable core factor. In the event the Premises shall contain an amount of square footage different than the amount of square feet referenced in Section 1(a) above, the Premises shall be redefined to reflect the actual rentable square footage and the Annual Rental (as hereinafter defined) shall be proportionately adjusted based on the actual recalculated rentable square footage multiplied by the applicable square foot rental rate (and such adjustment shall relate back to the Commencement Date if there is a variance). The reasonable cost of such measurement shall be borne by Landlordthe party conducting such remeasurement. Any dispute with respect to the actual square footage within the Premises which cannot be resolved by the parties using good faith, reasonable efforts, shall be resolved by an independent third party architect mutually acceptable to Landlord and Tenant, whose final measurement of the rentable square footage within the Premises shall be binding on the parties hereto. The cost of the remeasurement of the Premises by said independent architect shall be shared equally by Landlord and Tenant. Notwithstanding the foregoing, in no event shall Landlord and Tenant acknowledge that Tenant currently occupies have any obligation to adjust the square footage of the Premises and Tenant hereby accepts unless the Tenant's remeasurement of the rentable square footage of the Premises evidences an error in its “as-is, where-is” condition, except as hereinafter provided. Landlord shall have no obligation for any improvements to the Premises except for the following matters which shall be completed by Landlord, at Landlord’s sole cost and expense, within ninety excess of two percent (902%) days after the date hereof: (a) power wash the exterior of the Building, (bamount of square feet referenced in Section 1(a) strip and re-paint the truck court stairs and railings, (c) revise and upgrade the Business Park’s directory signage in a manner substantially similar to the signage depicted on Exhibit “F” attached hereto and incorporated herein by reference, and (d) install a right turn directional arrow in front of Suite 275 of the Royal Center II building in the Business Park in order to direct traffic to the suite entrance of the Premisesabove.

Appears in 1 contract

Samples: Lease Agreement (Oni Systems Corp)

DESCRIPTION OF PREMISES. Landlord does hereby leases lease to Tenant, and Tenant does hereby accepts and rents lease from Landlord, the Premises, together office/warehouse building (hereafter called the “Building”) depicted and designated on Exhibit A attached hereto which are to be constructed by Landlord in accordance with the nonexclusive right to use all drivewaysterms of this Lease Agreement and containing approximately 100,080 square feet of space. The term “Premises”, parking areasas used in this Lease Agreement, sidewalks shall mean the Building and other common facilities furnished by Landlord from time to time; provided, howeverthe parcel of land on which the Building is located. The Premises is located at 0000 Xxxxx 00xx Xxxxxx, in no event shall Tenant’s usage Louisville (hereafter called the “City”), State of the surface parking spaces adversely impact the use Colorado and enjoyment of the parking areas by other tenants of the Building or exceed the parking rights set forth in Section 1(n) hereinare depicted on Exhibit A to this Lease Agreement. Prior Appurtenant to the Commencement Date, Landlord may have its architect or engineer measure the actual total square footage of the Premises as measured from the centerline of the demising wall to the drip line and Landlord shall immediately provide Tenant with a copy of such new measurement once Landlord receives the measurement from its architect or engineer. In the event the Premises shall contain an amount of square footage different than the amount of square feet referenced in Section 1(a) above, the Premises shall be redefined a non-exclusive license for access to reflect and use of the actual square footage and the Annual Rental (as hereinafter defined) shall be proportionately adjusted based on the actual square footage multiplied by the applicable square foot rental rate (and such adjustment shall relate back to the Commencement Date if there is a variance). The reasonable cost of such measurement shall be borne by Landlord. Notwithstanding the foregoing, Landlord and Tenant acknowledge that Tenant currently occupies the Premises and Tenant hereby accepts the Premises in its “as-is, where-is” condition, except as hereinafter provided. Landlord shall have no obligation for any improvements to the Premises except for the following matters which shall be completed by Landlord, at Landlord’s sole cost and expense, within ninety (90) days after the date hereof: (a) power wash the exterior common areas of the Building, including, without limitation, the parking lots and driveways located on the parcels of land on which the Building is located (b) strip and hereafter collectively called the “Parking Areas”). As part of Landlord’s Work, Landlord shall ensure that the Building is served by 196 parking spaces that are striped in accordance with all applicable legal requirements. Tenant shall have the exclusive use of all such parking spaces on the Premises at no additional cost. Landlord shall reasonably cooperate with Tenant, at Tenant’s sole cost to cause the truck courts to accommodate additional parking spaces (including re-paint striping the truck court stairs and railingssame) if Tenant so elects, (c) revise and upgrade the Business Park’s directory signage in a manner substantially similar reasonably approved by Landlord (taking into account circulation paths, emergency services lanes and locations, and any applicable laws or regulations). Tenant shall have unrestricted and exclusive access and use of the Building’s riser space for its telecommunications requirements. Landlord covenants that CenturyLink (now Lumen) “24 Fiber” fiber optic service will be available to the signage depicted on Exhibit “F” attached hereto and incorporated herein by reference, and (d) install a right turn directional arrow in front building electrical room as part of Suite 275 of Landlord’s Work. Tenant shall be responsible to distribute service beyond the Royal Center II building Building mechanical room in the Business Park in order to direct traffic to the suite entrance of the Premisesevent it so elects.

Appears in 1 contract

Samples: Lease Agreement (SomaLogic, Inc.)

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DESCRIPTION OF PREMISES. Landlord does hereby leases to lease unto Tenant, and Tenant hereby accepts leases and rents takes from Landlord, Landlord for the Premises, together with term and upon the nonexclusive right to use all driveways, parking areas, sidewalks rentals and other common facilities furnished by Landlord from time to time; provided, however, in no event shall Tenant’s usage of the surface parking spaces adversely impact the use and enjoyment of the parking areas by other tenants of the Building or exceed the parking rights conditions hereinafter set forth in Section 1(n) herein. Prior to the Commencement Date, Landlord may have its architect or engineer measure the actual total square footage of the Premises as measured from the centerline of the demising wall to the drip line and Landlord shall immediately provide Tenant with a copy of such new measurement once Landlord receives the measurement from its architect or engineer. In the event the Premises shall contain an amount of square footage different than the amount of square feet referenced in Section 1(a) above, the Premises shall be redefined to reflect the actual square footage and the Annual Rental (as hereinafter defined) shall be proportionately adjusted based on the actual square footage multiplied by the applicable forth: ALL THAT CERTAIN 109,511 square foot rental rate space located in the Township of Lower Gwynedd, County of Montgomery, Commonwealth of Pennsylvania, which is more particularly xxxxxxxxx on Schedule "A", attached hereto (and such adjustment shall relate back to the Commencement Date if there is a variance"Leased Premises", "Premises" or "premises"). The reasonable cost Leased Premises are part of such measurement shall be borne by Landlord. Notwithstanding a larger parcel of land with improvements thereupon (the foregoing, Landlord "Total Premises" or "campus") and the building of which the Leased Premises are a part is sometimes referred to as the "Spring House Facility" or "Building" as outlined on Schedule A. Tenant acknowledge acknowledges that Tenant currently occupies it is leasing the Premises and Tenant hereby accepts the Leased Premises in its “their "as-is, where-is” " condition, except as hereinafter providedotherwise specifically provided in this Lease; and that Landlord is not responsible for providing any services to Tenant with respect to the Leased Premises except as otherwise specifically provided in this Lease. Landlord grants to Tenant the right and non-exclusive easement to use, subject to section 6.1 below, and the other terms of this Lease, those portions of the Building referred to as the auditorium, cafeteria, visitor's dining room and video conference center shown on Schedule B. Landlord grants to Tenant the exclusive easement, subject to the terms of this Lease, to use 320 parking spaces, which are designated on Schedule B (the "Parking Areas"). Landlord grants to Tenant the right and non-exclusive easement to use the outdoor athletic facilities, subject to the terms of this Lease at Tenant's own risk. Landlord grants to Tenant the right and non-exclusive easement, subject to the terms of this Lease to use all parking areas, access and egress roads, streets, driveways, exterior ramps and walks in the Total Premises (all hereinafter called the "Interior Roadways"). Tenant agrees and acknowledges that Landlord and its employees (but not Landlord's visitors) shall have no obligation for any improvements the non-exclusive right of access to the Premises except for the following matters which shall be completed by Landlord, at Landlord’s sole cost and expense, within ninety (90) days after the date hereof: (a) power wash the exterior portion of the Building, (b) strip and re-paint Spring House Facility retained by Landlord through the truck court stairs and railings, (c) revise and upgrade the Business Park’s directory signage in a manner substantially similar to the signage depicted on Exhibit “F” attached hereto and incorporated herein by reference, and (d) install a right turn directional arrow in front of Suite 275 lobby of the Royal Center II building Leased Premises as shown in Schedule A on the Business Park in order to direct traffic to terms and conditions set forth on Schedule D, including compliance with the suite entrance reasonable rules and regulations of Tenant. Landlord acknowledges that the lobby is part of the Leased Premises, will be known as the Advanta lobby, will be staffed by an Advanta receptionist and will reflect the presence of Advanta.

Appears in 1 contract

Samples: Lease Agreement (Advanta Corp)

DESCRIPTION OF PREMISES. Landlord does hereby leases lease to Tenant, and Tenant does hereby accepts and rents lease from Landlord, the Premises, together office/warehouse building (hereafter called the “Building”) depicted and designated on Exhibit A attached hereto which are to be constructed by Landlord in accordance with the nonexclusive right to use all drivewaysterms of this Lease Agreement and containing approximately 98,640 square feet of space. The term “Premises”, parking areasas used in this Lease Agreement, sidewalks shall mean the Building and other common facilities furnished by Landlord from time to time; provided, howeverthe parcel of land on which the Building is located. The Premises is located at 0000 Xxxxx 00xx Xxxxxx, in no event shall Tenant’s usage Louisville (hereafter called the “City”), State of the surface parking spaces adversely impact the use Colorado and enjoyment of the parking areas by other tenants of the Building or exceed the parking rights set forth in Section 1(n) hereinare depicted on Exhibit A to this Lease Agreement. Prior Appurtenant to the Commencement Date, Landlord may have its architect or engineer measure the actual total square footage of the Premises as measured from the centerline of the demising wall to the drip line and Landlord shall immediately provide Tenant with a copy of such new measurement once Landlord receives the measurement from its architect or engineer. In the event the Premises shall contain an amount of square footage different than the amount of square feet referenced in Section 1(a) above, the Premises shall be redefined a non-exclusive license for access to reflect and use of the actual square footage and the Annual Rental (as hereinafter defined) shall be proportionately adjusted based on the actual square footage multiplied by the applicable square foot rental rate (and such adjustment shall relate back to the Commencement Date if there is a variance). The reasonable cost of such measurement shall be borne by Landlord. Notwithstanding the foregoing, Landlord and Tenant acknowledge that Tenant currently occupies the Premises and Tenant hereby accepts the Premises in its “as-is, where-is” condition, except as hereinafter provided. Landlord shall have no obligation for any improvements to the Premises except for the following matters which shall be completed by Landlord, at Landlord’s sole cost and expense, within ninety (90) days after the date hereof: (a) power wash the exterior common areas of the Building, including, without limitation, the parking lots and driveways located on the parcels of land on which the Building is located (b) strip and hereafter collectively called the “Parking Areas”). As part of Landlord’s Work, Landlord shall ensure that the Building is served by 193 parking spaces that are striped in accordance with all applicable legal requirements. Tenant shall have the exclusive use of all such parking spaces on the Premises at no additional cost. Landlord shall reasonably cooperate with Tenant, at Tenant’s sole cost to cause the truck courts to accommodate additional parking spaces (including re-paint striping the truck court stairs and railingssame) if Tenant so elects, (c) revise and upgrade the Business Park’s directory signage in a manner substantially similar to the signage reasonably approved by Landlord (taking into account circulation paths, emergency services lanes and locations, and any applicable laws or regulations). Retail Lots 6 and 7 (as depicted on Exhibit “F” attached hereto and incorporated herein by referenceA, and having common addresses of 1442 and 0000 Xxxxx 00xx Xxxxxx, respectively, and hereafter “Retail Lots 6 and 7”) shall be included in the definition of Premises from and after the date Landlord delivers the Premises to Tenant in the Delivery Condition (ddefined below) install solely for the purpose of allocating costs to Tenant under this Lease Agreement as if the same were a right turn directional arrow in front of Suite 275 part of the Royal Center II building Premises, but Retail Lots 6 and 7 shall otherwise be treated as common areas under this Lease Agreement and Tenant shall have no right to exclusive use or occupancy of the same. Landlord hereby agrees that no tenantable structure shall be erected on Retail Lots 6 and 7 and shall not be developed by Landlord (other than with respect to landscaping) during the portion of the Term, as may be extended that Retail Lots 6 and 7 are included in the Business Park definition of Premises. Tenant shall be responsible for all Real Estate Taxes and Operating Expenses for Retail Lots 6 and 7 during the portion of the Term, as may be extended that Retail Lots 6 and 7 are included in the definition of Premises, and Tenant shall pay the cost of any landscaping required by the City as a result of leaving Retail Lots 6 and 7 unimproved. Landlord shall reasonably cooperate with Tenant regarding determination of the appropriate sizing and location of landscaping (trees etc.) in order to direct traffic maintain long-term views to the suite entrance west and screening of any retail buildings, subject to all applicable laws and regulations affecting the same. Tenant shall have unrestricted and exclusive access and use of the PremisesBuilding’s riser space for its telecommunications requirements. Landlord covenants that CenturyLink (now Lumen) “24 Fiber” fiber optic service will be available to the building electrical room as part of Landlord’s Work. Tenant shall be responsible to distribute service beyond the Building mechanical room in the event it so elects.

Appears in 1 contract

Samples: Lease Agreement (SomaLogic, Inc.)

DESCRIPTION OF PREMISES. Subject to and with the benefit of the provisions of this Lease, Landlord hereby leases to Tenant, and Tenant hereby accepts and rents leases from Landlord, Tenant's Premises in the Building, excluding exterior faces of exterior walls, the common facilities area and building service fixtures and equipment serving exclusively or in common other parts of the Building. Tenant's Premises, with such exclusions, is hereinafter referred to as the Premises. Tenant shall have, as appurtenant to the Premises, together with the nonexclusive right to use all driveways, parking areas, sidewalks and other in common facilities furnished by Landlord from time to time; provided, however, in no event shall Tenant’s usage of the surface parking spaces adversely impact the use and enjoyment of the parking areas by other tenants of the Building or exceed the parking rights set forth in Section 1(n) herein. Prior to the Commencement Date, Landlord may have its architect or engineer measure the actual total square footage of the Premises as measured from the centerline of the demising wall to the drip line and Landlord shall immediately provide Tenant with a copy of such new measurement once Landlord receives the measurement from its architect or engineer. In the event the Premises shall contain an amount of square footage different than the amount of square feet referenced in Section 1(a) above, the Premises shall be redefined to reflect the actual square footage and the Annual Rental (as hereinafter defined) shall be proportionately adjusted based on the actual square footage multiplied by the applicable square foot rental rate (and such adjustment shall relate back to the Commencement Date if there is a variance). The reasonable cost of such measurement shall be borne by Landlord. Notwithstanding the foregoing, Landlord and Tenant acknowledge that Tenant currently occupies the Premises and Tenant hereby accepts the Premises in its “as-is, where-is” condition, except as hereinafter provided. Landlord shall have no obligation for any improvements to the Premises except for the following matters which shall be completed by Landlord, at Landlord’s sole cost and expense, within ninety (90) days after the date hereofothers entitled thereto: (a) power wash common walkways, driveways, hallways, lobbies, ramps, loading docks and stairways located in the exterior of Building or on the Buildingparcel on which the Building is located (the "Lot"), (b) strip building service fixtures and re-paint equipment serving the truck court stairs Premises including passenger and railingsfreight elevators, (c) revise the parking facility on a first-come, first-served basis in the location from time to time designated by Landlord, Tenant's use not to exceed the number of Tenant's Parking Access Cards, 3 of which shall be located in the Blue Lot behind the Building and upgrade the Business Park’s directory signage remainder of which shall be located in the Red Lot across the street from the Building provided that Tenant's guests may use available parking spaces in the Red Lot on a manner substantially similar first-come first-served basis, and (d) if the Premises include less than the entire Rentable Floor Area of any floor, the common toilets in the central core area of such floor. Such rights shall be always subject to the signage depicted on Rules and Regulations set forth in Exhibit “F” E, attached hereto and incorporated herein by reference, as the same may be amended by the Landlord from time to time and (d) install such other reasonable written Rules and Regulations from time to time established by the Landlord by suitable notice to Tenant, which Rules and Regulations shall be uniformly enforced in a non-discriminatory manner, and to the right turn directional arrow in front of Suite 275 of the Royal Center II building in the Business Park in order Landlord to direct traffic designate and change from time to the suite entrance of the Premisestime such areas, facilities, fixtures and equipment.

Appears in 1 contract

Samples: Lease Agreement (Javelin Pharmaceuticals, Inc)

DESCRIPTION OF PREMISES. Landlord hereby leases In consideration of benefits to Tenant, and Tenant hereby accepts and rents from Landlordthe public, the Premisessufficiency of which is mutually acknowledged, together CITY grants to ORGANIZATION in accordance with the nonexclusive right to terms and conditions of this AGREEMENT, non-exclusive and shared use all driveways, parking areas, sidewalks and other common facilities furnished by Landlord from time to time; provided, however, in no event shall Tenant’s usage of the surface parking spaces adversely impact the use PREMISES and enjoyment common areas of the parking areas by other tenants PARK, respectively, for the operation of the Building or exceed the parking rights set forth in Section 1(n) herein. Prior to the Commencement Date, Landlord may have its architect or engineer measure the actual total square footage of the Premises as measured from the centerline of the demising wall to the drip line and Landlord shall immediately provide Tenant with a copy of such new measurement once Landlord receives the measurement from its architect or engineer. In the event the Premises shall contain an amount of square footage different than the amount of square feet referenced in Section 1(a) above, the Premises shall be redefined to reflect the actual square footage and the Annual Rental (as hereinafter defined) shall be proportionately adjusted based on the actual square footage multiplied by the applicable square foot rental rate (and such adjustment shall relate back to the Commencement Date if there is a variance). The reasonable cost of such measurement shall be borne by Landlord. Notwithstanding the foregoing, Landlord and Tenant acknowledge that Tenant currently occupies the Premises and Tenant hereby accepts the Premises in its “as-is, where-is” condition, except as hereinafter provided. Landlord shall have no obligation for any improvements to the Premises except for the following matters PROGRAM which shall be completed performed by LandlordORGANIZATION in compliance with the terms and conditions of this AGREEMENT, at Landlordincluding payment of Cost Recovery Reimbursement Fees (“CRRF”) to RAP as applicable, and performance of Maintenance Requirements as described herein. The PROGRAM’s sole cost and expense, location within ninety (90) days after the date hereof: (a) power wash PARK is delineated by the exterior of the Building, (b) strip and re-paint the truck court stairs and railings, (c) revise and upgrade the Business Park’s directory signage in a manner substantially similar to the signage depicted on Exhibit “F” Site Plan attached hereto and incorporated herein by referencereference as Exhibit A-1. The PREMISES authorized for use by ORGANIZATION consists of the gymnasium (a.k.a. “auditorium”), outdoor play area (as a shared space with RAP), amphitheater, kitchen (as a shared space with RAP), restrooms (as a shared space with RAP), storage areas to the left and right of the stage, craft room (as a shared space with RAP), and space in the parking lot for a fifteen (d15) install a right turn directional arrow in front of Suite 275 foot storage container that is provided and paid for by ORGANIZATION as depicted by the Site Map attached hereto and incorporated herein by reference as Exhibit A-2, to be used for purposes of the Royal Center II building PROGRAM in accordance with the terms and conditions of this AGREEMENT. ORGANIZATION may have access to the meeting room with the advance written permission of the PARK DIC. It is understood by ORGANIZATION that the lobby area, PARK DIC’s office, and weight room are not included in the Business Park PREMISES and may not be accessed by ORGANIZATION or PROGRAM participants for any use related to PROGRAM operations or activities not authorized in order writing by the PARK DIC. The areas of PREMISES authorized for PROGRAM use are subject to direct traffic to change at the suite entrance discretion of RAP Management; ORGANIZATION will be given, in writing, reasonable notice of such change, at minimum, fourteen (14) calendar days in advance of such change occurring. ORGANIZATION’s use of the Premisesdesignated areas of the PREMISES shall be restricted to those days and times as identified as PERMITTED TIMES under this AGREEMENT.

Appears in 1 contract

Samples: Agreement With Los Angeles Theatre Academy, Inc.

DESCRIPTION OF PREMISES. Subject to and with the benefit of the provisions of this Lease, Landlord hereby leases to Tenant, and Tenant hereby accepts and rents leases from Landlord, the Premises. Tenant shall have, together with as appurtenant to the nonexclusive Premises, the right to use all drivewaysin common with others entitled thereto, parking areas, sidewalks and other common facilities furnished subject to reasonable rules of general applicability to tenants of the Office Buildings from time to time made by Landlord of which Tenant is given notice: (i) the common lobbies, corridors, stairways, elevators and loading platform of the Office Buildings, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others; (ii) common walkways and driveways necessary for access to the Office Buildings; (iii) common toilets (if any), corridors and elevator lobbies; and (iv) at no charge, forty-seven (47) parking spaces in the Parking Garage. Landlord reserves the right from time to time; provided, howeverso long as same does not result in unreasonable interference with Tenant's use, in no event shall Tenant’s usage of the surface parking spaces adversely impact the use (i) to install, repair, replace, use, maintain and enjoyment of the parking areas by other tenants of the Building or exceed the parking rights set forth in Section 1(n) herein. Prior relocate for service to the Commencement DatePremises, Office Buildings service fixtures and equipment wherever located in the Office Buildings, and (ii) to alter or relocate any common facilities. Landlord may have its architect or engineer measure also reserves the actual total square footage of right at all reasonable times, upon twenty-four (24) hours advance notice (except only such reasonable notice as is practicable under the Premises as measured from the centerline of the demising wall to the drip line and Landlord shall immediately provide Tenant with a copy of such new measurement once Landlord receives the measurement from its architect or engineer. In circumstances is required in the event of an emergency), to enter upon the Premises shall contain an amount of square footage different than the amount of square feet referenced in Section 1(a) abovePremises, the Premises shall be redefined to reflect the actual square footage and the Annual Rental (as hereinafter defined) shall be proportionately adjusted based on the actual square footage multiplied by the applicable square foot rental rate (and such adjustment shall relate back to the Commencement Date if there is a variance). The reasonable cost of such measurement shall be borne by Landlord. Notwithstanding the foregoing, Landlord and Tenant acknowledge that Tenant currently occupies inspect the Premises and Tenant hereby accepts in Landlord's reasonable discretion, to make repairs, alterations or substitutions for the protection and maintenance of the Office Buildings or any part thereof, and, only during the last nine (9) months of the Term, to show the Premises in its “as-is, where-is” condition, except as hereinafter providedto others. Landlord shall have no obligation for any improvements will exercise reasonable efforts to minimize disruption to Tenant's business and will not materially diminish the Premises except for the following matters which shall be completed by Landlord, at Landlord’s sole cost and expense, within ninety (90) days after the date hereof: (a) power wash the exterior of the Building, (b) strip and re-paint the truck court stairs and railings, (c) revise and upgrade the Business Park’s directory signage in a manner substantially similar to the signage depicted on Exhibit “F” attached hereto and incorporated herein by reference, and (d) install a right turn directional arrow in front of Suite 275 of the Royal Center II building in the Business Park in order to direct traffic to the suite entrance attractiveness or functionality of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Prime Response Inc/De)

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