Common use of DESCRIPTION OF THE PREMISES Clause in Contracts

DESCRIPTION OF THE PREMISES. Landlord hereby demises and rents unto Tenant, and Tenant hereby rents and hires from Landlord, the air rights parcel described on Exhibit A-1depicted on the site plan attached hereto as Exhibit B and incorporated herein by this reference, which generally contains the plaza level (rooftop) of the Parking Deck, less and except the “Southeast Corner” as defined below, and the air space extending eighty (80) feetabovefeet above such portion of the plaza level (together with the appurtenances hereinafter described in this Article, the “Premises”). The site plan attached hereto as Exhibit B and incorporated herein by this reference identifies certain portions of the plaza level of the Parking Deck as the “Northeast Corner” and the “Southeast Corner”. The Northeast Corner is included within the Premises demised herein and, subject to the provisions of Section 1.3 below, the Southeast Corner is excluded from the Premises demised herein. Contemporaneously with Tenant’s application for a special use permit allowing the use of the Premises for the purposes set forth in this Lease, a subdivision plat creating an air rights parcel of the Premises as a legally subdivided CHAR2\1148161v1518 lot, separate from the remainder of the Land, shall be submitted by Landlord to the Town of Chapel Hill Planning Department for review and approval at Landlord’s sole cost and expense. TOGETHER WITH a non-exclusive easement over, under, across, upon and through those portions of the Parking Deck reasonably necessary for (i) the construction, installation, operation, use, maintenance, repair, replacement and reconstruction of the museum building and associated improvements, structural components, caissons, columns, piers, conduits, chutes, stairwells, elevators, pipes, chases, wires, building components, utility facilities (including, without limitation, plumbing, electrical, telephone, water, heating, ventilating, air conditioning, cooling, gas, heating and communication cables), and all other facilities serving or intended to serve the improvements to be constructed on the Premises by Tenant (the “Improvements”) and

Appears in 1 contract

Samples: Air Rights Lease Agreement

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DESCRIPTION OF THE PREMISES. Landlord hereby demises and rents unto Tenant, and Tenant hereby rents and hires from Landlord, the air rights parcel described on Exhibit A-1depicted on the site plan A-1 attached hereto as Exhibit B and incorporated herein by this reference, which generally contains the plaza level (rooftop) of the Parking Deck, less and except the “Southeast Corner” as defined below, and the air space extending eighty (80) feetabovefeet above feetabove such portion of the plaza level (together with the appurtenances hereinafter described in this Article, the “Premises”). The site plan attached hereto as Exhibit B and incorporated herein by this reference identifies certain portions of the plaza level of the Parking Deck as the “Northeast Corner” and the “Southeast Corner”. The Northeast Corner is included within the Premises demised herein and, subject to the provisions of Section 1.3 below, the Southeast Corner is excluded from the Premises demised herein. Contemporaneously with Tenant’s application for a special use permit allowing the use of the Premises for the purposes set forth in this Lease, a subdivision plat creating an air rights parcel of the Premises as a legally subdivided CHAR2\1148161v1518 lot, separate from the remainder of the Land, shall be submitted by Landlord to the Town of Chapel Hill Planning Department for review and approval at Landlord’s sole cost and expense. TOGETHER WITH a non-exclusive easement over, under, across, upon and through those portions of the Parking Deck reasonably necessary for (i) the construction, installation, operation, use, maintenance, repair, replacement and reconstruction of the museum building and associated improvements, structural components, caissons, columns, piers, conduits, chutes, stairwells, elevators, pipes, chases, wires, building components, utility facilities (including, without limitation, plumbing, electrical, telephone, water, heating, ventilating, air conditioning, cooling, gas, heating and communication cables), and all other facilities serving or intended to serve the improvements to be constructed on the Premises by Tenant (the “Improvements”) and

Appears in 1 contract

Samples: Air Rights Lease Agreement

DESCRIPTION OF THE PREMISES. Landlord hereby demises and rents unto Tenant, and Tenant hereby rents and hires from Landlord, the air rights parcel described on Exhibit A-1depicted on the site plan A-1 attached hereto as Exhibit B and incorporated herein by this reference, which generally contains the plaza level (rooftop) of the Parking Deck, less and except the “Southeast Corner” as defined below, and the air space extending eighty (80) feetabovefeet above feetabove such portion of the plaza level (together with the appurtenances hereinafter described in this Article, the “Premises”). The site plan attached hereto as Exhibit B and incorporated herein by this reference identifies certain portions of the plaza level of the Parking Deck as the “Northeast Corner” and the “Southeast Corner”. The Northeast Corner is included within the Premises demised herein and, subject to the provisions of Section 1.3 below, the Southeast Corner is excluded from the Premises demised herein. Contemporaneously with TenantXxxxxx’s application for a special use permit allowing the use of the Premises for the purposes set forth in this Lease, a subdivision plat creating an air rights parcel of the Premises as a legally subdivided CHAR2\1148161v1518 lot, separate from the remainder of the Land, shall be submitted by Landlord to the Town of Chapel Hill Planning Department for review and approval at Landlord’s sole cost and expense. TOGETHER WITH a non-exclusive easement over, under, across, upon and through those portions of the Parking Deck reasonably necessary for (i) the construction, installation, operation, use, maintenance, repair, replacement and reconstruction of the museum building and associated improvements, structural components, caissons, columns, piers, conduits, chutes, stairwells, elevators, pipes, chases, wires, building components, utility facilities (including, without limitation, plumbing, electrical, telephone, water, heating, ventilating, air conditioning, cooling, gas, heating and communication cables), and all other facilities serving or intended to serve the improvements to be constructed on the Premises by Tenant (the “Improvements”) and

Appears in 1 contract

Samples: Air Rights Lease Agreement

DESCRIPTION OF THE PREMISES. Landlord hereby demises and rents unto Tenant, and Tenant hereby rents and hires from Landlord, the air rights parcel described on Exhibit A-1depicted depicted on the site plan attached hereto as Exhibit B and incorporated herein by this reference, which generally contains the plaza level (rooftop) of the Parking Deck, less and except the “Southeast Corner” as defined below, and the air space extending eighty (80) feetabovefeet feet above such portion of the plaza level (together with the appurtenances hereinafter described in this Article, the “Premises”). The site plan attached hereto as Exhibit B and incorporated herein by this reference identifies certain portions of the plaza level of the Parking Deck as the “Northeast Corner” and the “Southeast Corner”. The Northeast Corner is included within the Premises demised herein and, subject to the provisions of Section 1.3 below, the Southeast Corner is excluded from the Premises demised herein. Contemporaneously with Tenant’s application for a special use permit allowing the use of the Premises for the purposes set forth in this Lease, a subdivision plat creating an air rights parcel of the Premises as a legally subdivided CHAR2\1148161v1518 lot, separate from the remainder of the Land, shall be submitted by Landlord to the Town of Chapel Hill Planning Department for review and approval at Landlord’s sole cost and expense. TOGETHER WITH a non-exclusive easement over, under, across, upon and through those portions of the Parking Deck reasonably necessary for (i) the construction, installation, operation, use, maintenance, repair, replacement and reconstruction of the museum building and associated improvements, structural components, caissons, columns, piers, conduits, chutes, stairwells, elevators, pipes, chases, wires, building components, utility facilities (including, without limitation, plumbing, electrical, telephone, water, heating, ventilating, air conditioning, cooling, gas, heating and communication cables), and all other facilities serving or intended to serve the improvements to be constructed on the Premises by Tenant (the “Improvements”) and

Appears in 1 contract

Samples: Rights Lease Agreement

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DESCRIPTION OF THE PREMISES. Landlord hereby demises and rents unto leases to Tenant, and Tenant hereby rents and hires leases from Landlord, the air rights parcel described on Exhibit A-1depicted on the site plan attached hereto as Exhibit B and incorporated herein by this reference, which generally contains the plaza level (rooftop) of the Parking Deck, less and except the “Southeast Corner” as defined below, and the air space extending eighty (80) feetabovefeet above such portion of the plaza level (together with the appurtenances hereinafter described in this Article, the “Premises”). The site plan attached hereto as Exhibit B and incorporated herein by this reference identifies certain portions of the plaza level of the Parking Deck as the “Northeast Corner” and the “Southeast Corner”. The Northeast Corner is included within the Premises demised herein and, subject to the provisions terms and conditions set forth herein and all matters of Section 1.3 belowrecord. The “Premises” consists of the specific demised space, including the Southeast Corner Building together with all improvements, fixtures, right-of way, easements, all other appurtenant interests, and other improvements, as depicted in green on Exhibit B, attached hereto for the sole purpose of more specifically locating the Premises. Notwithstanding the foregoing, Tenant acknowledges and agrees that this Lease shall be subject in all respects to that certain Colocation Agreement by and between Landlord and The Alaska Wireless Network, LLC, a Delaware limited liability company (“AWN”), dated December 11, 2023 (the “Colocation Agreement”), pursuant to which Landlord granted to AWN (i) a non- exclusive right to access and use the space in the Building as depicted in red on Exhibit C (the “AWN Space”); (ii) a non-exclusive right to access and use the electrical infrastructure that is excluded from incorporated into the Premises demised hereinBuilding; and (iii) a non-exclusive right to collocate its equipment in AWN Space, including the right to install, maintain, use, operate, monitor, repair, and replace all the existing equipment in the AWN Space. Contemporaneously with Tenant’s application for a special use permit allowing Tenant agrees to allow AWN and Landlord access to the AWN Space and the use of the Premises for equipment therein, as provided and in accordance with the purposes set forth in this Lease, a subdivision plat creating an air rights parcel terms of the Premises Colocation Agreement. Tenant hereby agrees that it will not access or use the AWN Space in the Building without the prior written consent of Landlord, and it will not damage or otherwise alter any equipment therein. Tenant shall indemnify, defend, and hold harmless Landlord from and against any liability or expense (including actual attorneys’ fees and costs) incurred as result of any claim or demand by a legally subdivided CHAR2\1148161v1518 lotthird party, separate including AWN, arising from the remainder of the Landany damage to, shall be submitted by Landlord use of, or claim related to the Town of Chapel Hill Planning Department for review and approval at Landlord’s sole cost and expense. TOGETHER WITH a non-exclusive easement over, under, across, upon and through those portions of AWN Space or the Parking Deck reasonably necessary for (i) the construction, installation, operation, use, maintenance, repair, replacement and reconstruction of the museum building and associated improvements, structural components, caissons, columns, piers, conduits, chutes, stairwells, elevators, pipes, chases, wires, building components, utility facilities (including, without limitation, plumbing, electrical, telephone, water, heating, ventilating, air conditioning, cooling, gas, heating and communication cables), and all other facilities serving or intended to serve the improvements to be constructed on the Premises equipment located therein by Tenant (the “Improvements”) andor any invitee.

Appears in 1 contract

Samples: Residential Lease Agreement

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