Exterior Building Signage. (1) Effective as of the Execution Date, Tenant shall have the non-exclusive right to install exterior signage (the “Exterior Signage”) displaying Tenant’s name and/or logo on the exterior facade of the Building along First Street; however, effective as of the Execution Date, so long as HubSpot, Inc., itself, or a Permitted Tenant Successor, and/or a Tenant Affiliate is Occupying at least fifty-four percent (54%) of the Rentable Floor Area of the Building, Landlord hereby agrees that Landlord shall not grant any signage rights or install any new or additional signage for any current or future tenant of the Building on the Building’s Exterior. Effective as of the Substantial Full Occupancy Commencement Date, and continuing throughout the Lease Term so long as Tenant continues to satisfy both of the following conditions: (i) Tenant is leasing at least eighty-five percent (85%) of the Rentable Area of the Building (“Exclusive Signage Leasing Condition”) (exclusive of the Basement Put Premises), and (ii) HubSpot, Inc., itself, a Permitted Tenant Successor, and/or a Tenant Affiliate is Occupying at least fifty-four percent (54%) of the Rentable Floor Area of the Building (“Exclusive Signage Occupancy Condition”), the Exterior Signage right described in the immediately preceding sentence shall be exclusive to Tenant and, within a reasonable period of time after the Substantial Full Occupancy Commencement Date, Landlord shall remove any signage on the exterior of the Building identifying any other tenant, occupant or other party, provided that Landlord shall not be required to remove any signage from the monument or placard sign located on the exterior facade of the Building along First Street identifying any other tenant of the Building (as such signage may be modified (but not increased) from time to time pursuant to the provisions of such other tenant’s lease) that exists as of the Execution Date until thirty (30) days after such other tenant (or its successor under its lease with Landlord) is no longer occupying space within the Building. At any time when Tenant ceases to satisfy the Exclusive Signage Occupancy Condition, there shall be no limitations on Landlord’s right to permit tenant identification signage for other tenants and occupants of the Building on the exterior of the Building. At any time when Tenant satisfies the Exclusive Signage Occupancy Condition but does not satisfy the Exclusive Signage Leasing Condition, Landlord shall only have the right to permit other tenants and occupants of the Building to install monument or placard signs similar to the monument or placard signs existing on the exterior of the Building along First Street as of the Execution Date. Notwithstanding the exclusive signage rights described in the immediately preceding sentence, but subject to the provisions of Section 16.32(C)(2), Landlord reserves the right to install Building-related signage on the exterior of the Building (e.g., informational, directional and branding signage of a size and in locations reasonably approved by Tenant) (not in excess of what exists as of the Execution Date), Tenant specifically acknowledging that any such Building signage shall not violate Tenant’s exclusive signage rights contained in this Section 16.32(C). Subject to the following conditions (“Exterior Signage Conditions”), all Exterior Signage shall: (i) be installed, maintained in good condition, and removed at Tenant’s sole cost and expense, (ii) comply with all Applicable Laws, ordinances, rules and regulations, including the Cambridge Zoning Ordinance (including the “Signs and Illumination” provisions contained therein), (iii) be subject to Tenant’s receipt of all necessary governmental permits and/or approvals for such Exterior Signage, and (iv) be subject to Landlord’s prior review and written approval of Tenant’s plans and specifications therefor, which plans and specifications shall specify the type, size, installation method and location of such Exterior Signage, and which approval shall not be unreasonably withheld, conditioned or delayed. Effective as of the 100% Lease Date and so long as Tenant continues to lease the entirety of the Building, Landlord shall not change the name of the Building without Tenant’s prior written consent, which consent may not be unreasonably withheld, conditioned or delayed. Tenant’s right to the Exterior Signage in this Section 16.32(C) is in addition to Tenant’s right to install and maintain Tenant’s existing exterior signage on the Building which signage Tenant shall have the right to maintain (and replace) during the Term of this Lease (as the same may be extended).
Appears in 2 contracts
Samples: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)
Exterior Building Signage. (1) Effective as of the Execution Date, Tenant shall have the non-exclusive right to install exterior signage (the “Exterior Signage”) displaying Tenant’s name and/or logo on the exterior facade of the Building along First Street; however, effective as of the Execution DateNotwithstanding Section 21.a., so long as HubSpotthe ------------------------- Tenant under this Lease (i) is the Tenant originally named under this Lease in the Basic Lease Information, Inc., itself, or a Permitted Tenant Successor, and/or a Tenant Affiliate (ii) is Occupying in occupancy pursuant to this Lease of at least fiftyseventy-four five percent (5475%) of the Rentable Floor Area portion of the Premises originally demised under this Lease in the applicable Building, Landlord hereby agrees that Landlord and (iii) is not in default of any of its obligations hereunder beyond the expiration of any applicable grace or cure period, Tenant shall not grant any be permitted to maintain identification signage rights or install any new or additional signage for any current or future tenant at the top of one exterior side of the Building on in which the Building’s Exterior. Effective as applicable portion of the Substantial Full Occupancy Commencement DatePremises is located, in a location reasonably approved by Landlord. The installation, maintenance and removal of Tenant's signage pursuant to this Section 21.b. shall be performed by Tenant at Tenant's expense, but in coordination with Landlord and its reasonable installation procedures and requirements, or at Landlord's option, by Landlord at Tenant's expense. Such signage of Tenant shall be subject to Landlord's prior approval and all Legal Requirements, and continuing throughout shall be limited to Tenant's name and/or logo. If Tenant shall fail to meet the Lease Term so long as Tenant continues signage conditions specified herein, Landlord may immediately remove Xxxxxx's signage at Tenant's expense, and Xxxxxx's signage rights pursuant to satisfy both this Section 21.b. shall thereafter forever cease and terminate; provided, however, that if applicable Legal Requirements do not require removal -------- ------- of such signage prior to the expiration of the following conditions: (i) Tenant is leasing at least eighty-five percent (85%) of the Rentable Area of the Building (“Exclusive Signage Leasing Condition”) (exclusive of the Basement Put Premises), and (ii) HubSpot, Inc., itself, a Permitted Tenant Successor, and/or a Tenant Affiliate is Occupying at least fifty-four percent (54%) of the Rentable Floor Area of the Building (“Exclusive Signage Occupancy Condition”), the Exterior Signage right described in the immediately preceding sentence shall be exclusive to Tenant and, within a reasonable period of time after the Substantial Full Occupancy Commencement Date, Landlord shall remove any signage on the exterior of the Building identifying any other tenant, occupant or other party, provided that Landlord shall not be required to remove any signage from the monument or placard sign located on the exterior facade of the Building along First Street identifying any other tenant of the Building (as such signage may be modified (but not increased) from time to time pursuant to the provisions of such other tenant’s lease) that exists as of the Execution Date until thirty (30) days after such other tenant (or its successor under its lease with Landlord) is no longer occupying space within the Building. At any time when Tenant ceases to satisfy the Exclusive Signage Occupancy Condition, there shall be no limitations on Landlord’s right to permit tenant identification signage for other tenants and occupants of the Building on the exterior of the Building. At any time when Tenant satisfies the Exclusive Signage Occupancy Condition but does not satisfy the Exclusive Signage Leasing Condition, Landlord shall only have the right to permit other tenants and occupants of the Building to install monument or placard signs similar to the monument or placard signs existing on the exterior of the Building along First Street as of the Execution Date. Notwithstanding the exclusive signage rights described in the immediately preceding sentence, but subject to the provisions of Section 16.32(C)(2), Landlord reserves the right to install Building-related signage on the exterior of the Building (e.g., informational, directional and branding signage of a size and in locations reasonably approved by Tenant) (not in excess of what exists as of the Execution Date), Tenant specifically acknowledging that any such Building signage shall not violate Tenant’s exclusive signage rights contained in this Section 16.32(C). Subject to the following conditions (“Exterior Signage Conditions”), all Exterior Signage shall: (i) be installed, maintained in good condition, and removed at Tenant’s sole cost and expense, (ii) comply with all Applicable Laws, ordinances, rules and regulations, including the Cambridge Zoning Ordinance (including the “Signs and Illumination” provisions contained therein), (iii) be subject to Tenant’s receipt of all necessary governmental permits and/or approvals for such Exterior Signage, and (iv) be subject to Landlord’s prior review and written approval of Tenant’s plans and specifications therefor, which plans and specifications shall specify the type, size, installation method and location of such Exterior Signage, and which approval shall not be unreasonably withheld, conditioned or delayed. Effective as of the 100% Lease Date and so long as Tenant continues to lease the entirety of the Buildingday period hereinafter provided, Landlord shall not change the name remove such signage unless it shall have given Tenant thirty (30) days' prior notice of the Building without signage conditions Tenant has failed to meet, and such failure continues after the expiration of such thirty (30) day period. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant’s prior written consent's expense, which consent may not be unreasonably withheldor at Landlord's option Landlord shall, conditioned or delayed. at Tenant’s right 's expense, remove Tenant's signage and repair any damage to the Exterior Signage in this Section 16.32(C) is in addition to Tenant’s right to install and maintain Tenant’s existing exterior signage on the applicable Building which signage Tenant shall have the right to maintain (and replace) during the Term of this Lease (as the same may be extended)caused by such removal.
Appears in 2 contracts
Samples: Avantgo Inc, Avantgo Inc
Exterior Building Signage. (1) Effective as of the Execution Date, Tenant shall have the non-exclusive right to install exterior signage (the “Exterior Signage”) displaying Tenant’s name and/or logo on the exterior facade of the Building along First Street; however, effective as of the Execution Date, For so long as HubSpot, Inc., itself, or (i) Tenant leases from Landlord a Permitted Tenant Successor, and/or a Tenant Affiliate is Occupying at least minimum of fifty-four thousand three hundred and seventy-two (54,372) square feet of floor area in the Building, (ii) no monetary or material non-monetary Event of Default exists, and (iii) Tenant has not assigned this Lease or sublet more than fifty percent (5450%) of the Rentable Floor Area of Premises (except for an assignment or subletting permitted pursuant to Section 5.6.4), Tenant shall be permitted, at Tenant's expense, to erect an exterior sign facing Route 95 on the Building, Landlord hereby agrees that Landlord shall not grant any signage rights or install any new or additional signage for any current or future tenant northwest-facing corner of the Building on containing Tenant's name and logo within the Building’s Exterior. Effective as of the Substantial Full Occupancy Commencement Date, and continuing throughout the Lease Term so long as Tenant continues to satisfy both of the following conditions: (i) Tenant is leasing at least eighty-five percent (85%) of the Rentable Area of the Building (“"Tenant's Exclusive Signage Leasing Condition”) Area" as shown on Exhibit N (exclusive the "Building Sign"). The design, lighting, proportions, method of the Basement Put Premises), installation and (ii) HubSpot, Inc., itself, a Permitted Tenant Successor, and/or a Tenant Affiliate is Occupying at least fifty-four percent (54%) color of the Rentable Floor Area of the such Building (“Exclusive Signage Occupancy Condition”), the Exterior Signage right described in the immediately preceding sentence Sign shall be exclusive to Tenant and, within a reasonable period of time after the Substantial Full Occupancy Commencement Date, Landlord shall remove any signage on the exterior of the Building identifying any other tenant, occupant or other party, provided that Landlord shall not be required to remove any signage from the monument or placard sign located on the exterior facade of the Building along First Street identifying any other tenant of the Building (as such signage may be modified (but not increased) from time to time pursuant to the provisions of such other tenant’s lease) that exists as of the Execution Date until thirty (30) days after such other tenant (or its successor under its lease with Landlord) is no longer occupying space within the Building. At any time when Tenant ceases to satisfy the Exclusive Signage Occupancy Condition, there shall be no limitations on Landlord’s right to permit tenant identification signage for other tenants and occupants of the Building on the exterior of the Building. At any time when Tenant satisfies the Exclusive Signage Occupancy Condition but does not satisfy the Exclusive Signage Leasing Condition, Landlord shall only have the right to permit other tenants and occupants of the Building to install monument or placard signs similar to the monument or placard signs existing on the exterior of the Building along First Street as of the Execution Date. Notwithstanding the exclusive signage rights described in the immediately preceding sentence, but subject to the provisions of Section 16.32(C)(2), Landlord reserves the right to install Building-related signage on the exterior of the Building (e.g., informational, directional and branding signage of a size and in locations reasonably approved by Tenant) (not in excess of what exists as of the Execution Date), Tenant specifically acknowledging that any such Building signage shall not violate Tenant’s exclusive signage rights contained in this Section 16.32(C). Subject to the following conditions (“Exterior Signage Conditions”), all Exterior Signage shall: (i) be installed, maintained in good condition, and removed at Tenant’s sole cost and expense, (ii) comply with all Applicable Laws, ordinances, rules and regulations, including the Cambridge Zoning Ordinance (including the “Signs and Illumination” provisions contained therein), (iii) be subject to Tenant’s receipt of all necessary governmental permits and/or approvals for such Exterior Signage, and (iv) be subject to Landlord’s prior review and written approval of Tenant’s plans and specifications therefor, Landlord (which plans and specifications shall specify the type, size, installation method and location of such Exterior Signage, and which approval shall not be unreasonably withheld, conditioned delayed or delayed. Effective as conditioned) and shall be further subject to the requirements of the 100% Lease Date Zoning By-Law of the City of Waltham and any other applicable laws and to Tenant obtaining all necessary permits and approvals therefor prior to installation of the same. Tenant acknowledges and agrees that it shall be Tenant's responsibility to repair, at Tenant's expense, any damage caused to the Building by the installation, modification, or removal of the Building Sign (it being agreed that Landlord shall have the right to require Tenant to remove the same at the expiration or earlier termination of the Term) and to restore any areas of the Building impacted by installation or removal of the Building Sign. Tenant acknowledges and agrees that Tenant's right to signage on the Building pursuant to this Section 4.1.4(c) is not on an exclusive basis and that Landlord may grant other tenants in the Complex the right to signage on the Site and/or Building; provided, however, that for so long as Tenant continues to lease meets the entirety of foregoing requirements for installing the BuildingBuilding Sign, Landlord shall not change the name of the Building without Tenant’s prior written consent, which consent may not be unreasonably withheld, conditioned or delayed. Tenant’s right grant another tenant rights to the Exterior Signage in this Section 16.32(C) is in addition to Tenant’s right to install and maintain Tenant’s existing exterior signage on the Building which in the area shown as "Tenant's Exclusive Signage Area" on Exhibit N. In the event Tenant erects a sign pursuant to this Section 4.l.4(c) and Tenant subsequently reduces the size of its Premises to less than fifty-four thousand three hundred and seventy-two (54,372), assigns this Lease or subleases more than fifty percent (50%) of the Premises (except for an assignment or subletting permitted pursuant to Section 5.6.4) so that Tenant no longer leases from Landlord and occupies at least fifty-four thousand three hundred and seventy-two (54,372) square feet of square floor area in the Building, Tenant agrees that it shall promptly remove such signage Tenant at Tenant's expense (in the alternative at the election of Landlord, Landlord shall have the right remove Tenant such signage at Tenant's expense), and Tenant's right to maintain exclusive signage in the "Tenant Exclusive Signage Area" shall no longer be applicable. The right to the Building Sign granted pursuant to this Section 4. l.4(c) is personal to Xxxx.xxx, Inc., and may not be transferred to any third party (other than to a Permitted Transferee under Section 5.6.4 below). Subject to Tenant's (i) compliance with the foregoing requirements and replace) during the Term all other applicable provisions of this Lease Lease, (as the same may be extended).ii) delivery of evidence of all insurance required under this Lease, and
Appears in 1 contract
Samples: Agreement (Care.com Inc)
Exterior Building Signage. (1) Effective as of Provided the Execution Date, Tenant shall have the non-exclusive right to install exterior signage (the “Exterior Signage”) displaying Tenant’s name and/or logo on the exterior facade of the Building along First Street; however, effective as of the Execution Date, so long as HubSpot, Inc., itself: is Venus Concept Canada Corp., or a Permitted Tenant SuccessorTransferee, and/or a Tenant Affiliate is Occupying at least fifty-four percent (54%) in occupation of and conducting business in the whole of the Rentable Floor Area Premises and, in accordance with this Lease; is not and has not been in default of the Building, Landlord hereby agrees that Landlord shall not grant any signage rights or install any new or additional signage for any current or future tenant provision of the Building on the Building’s Exterior. Effective as of the Substantial Full Occupancy Commencement Datethis Lease, and continuing throughout further provided that the Landlord and Tenant have executed this Lease Term so long as and the Indemnifier has executed the Indemnity Agreement in a form satisfactory to the Landlord, then the Tenant continues to satisfy both of the following conditions: (i) Tenant is leasing at least eighty-five percent (85%) of the Rentable Area of the Building (“Exclusive Signage Leasing Condition”) (exclusive of the Basement Put Premises), and (ii) HubSpot, Inc., itself, a Permitted Tenant Successor, and/or a Tenant Affiliate is Occupying at least fifty-four percent (54%) of the Rentable Floor Area of the Building (“Exclusive Signage Occupancy Condition”), the Exterior Signage right described in the immediately preceding sentence shall be exclusive entitled to Tenant andinstall, within a reasonable period of time after the Substantial Full Occupancy Commencement Date, Landlord shall remove any signage on the exterior of the Building identifying any other tenant, occupant or other party, provided that Landlord shall not be required to remove any signage from the monument or placard sign located on the exterior facade of the Building along First Street identifying any other tenant of the Building (as such signage may be modified (but not increased) from time to time pursuant to the provisions of such other tenant’s lease) that exists as of the Execution Date until thirty (30) days after such other tenant (or at its successor under its lease with Landlord) is no longer occupying space within the Building. At any time when Tenant ceases to satisfy the Exclusive Signage Occupancy Condition, there shall be no limitations on Landlord’s right to permit tenant identification signage for other tenants and occupants of the Building on the exterior of the Building. At any time when Tenant satisfies the Exclusive Signage Occupancy Condition but does not satisfy the Exclusive Signage Leasing Condition, Landlord shall only have the right to permit other tenants and occupants of the Building to install monument or placard signs similar to the monument or placard signs existing on the exterior of the Building along First Street as of the Execution Date. Notwithstanding the exclusive signage rights described in the immediately preceding sentence, but subject to the provisions of Section 16.32(C)(2), Landlord reserves the right to install Building-related signage on the exterior of the Building (e.g., informational, directional and branding signage of a size and in locations reasonably approved by Tenant) (not in excess of what exists as of the Execution Date), Tenant specifically acknowledging that any such Building signage shall not violate Tenant’s exclusive signage rights contained in this Section 16.32(C). Subject to the following conditions (“Exterior Signage Conditions”), all Exterior Signage shall: (i) be installed, maintained in good condition, and removed at Tenant’s sole cost and expense, including all costs associated with maintenance, insurance, repair and restoration thereof, one (1) exterior sign, bearing its name or corporate logo, on the side of the top fascia of the west side of the Building, (the “Signage”). The Signage shall be non-exclusive and of a design and quality appropriate to the image of the Building, in keeping with the architectural integrity of the Building, and shall be subject to the prior written approval of Landlord (as to affixation, colour, content, design, location and specifications). All costs of maintaining the Signage, including, without limitation, all costs of electricity consumed by the Signage, will be paid for by Tenant to Landlord upon receipt of an invoice therefor, with Tenant’s next instalment of monthly Rent, as an item of Additional Rent. Tenant’s insurance coverage shall include the Signage. Such Signage shall be in conformance with the Building Code, zoning by-laws and the regulations of any other bodies having jurisdiction and Tenant shall obtain, at its sole expense, all necessary permits and governmental approvals. At the earlier of (i) expiration or earlier termination of this Lease, and any renewal or extension thereof, or (ii) comply with all Applicable Laws, ordinances, rules and regulations, including the Cambridge Zoning Ordinance (including the “Signs and Illumination” provisions contained therein), (iii) be subject date upon which Tenant itself ceases to Tenant’s receipt of all necessary governmental permits and/or approvals for such Exterior Signage, and (iv) be subject to Landlord’s prior review and written approval of Tenant’s plans and specifications therefor, which plans and specifications shall specify the type, size, installation method and location of such Exterior Signage, and which approval shall not be unreasonably withheld, conditioned or delayed. Effective as of the 100% Lease Date and so long as Tenant continues to lease occupy the entirety of the BuildingPremises, Landlord Tenant shall, at its sole cost and expense, remove the Signage from the Building and make good any damage caused thereby. Upon prior Notice to Landlord, Tenant shall not change be permitted to remove the name Signage prior to the expiration of the Building without Term or any extension thereof, provided that it repairs any damage caused by such removal. If required by Landlord, the installation and removal of the Signage shall be performed by Landlord’s contractors, at Tenant’s prior written consentcost, which consent may not be unreasonably withheldplus an administration fee and any applicable taxes, conditioned or delayedas Additional Rent. Tenant’s right to the Exterior Signage in this Section 16.32(C) is in addition to The Tenant’s right to install Signage and maintain the location thereof shall cease upon the Tenant’s existing exterior signage on removal of the Building which signage Signage. The Signage shall be kept in a state of good repair at all times by the Tenant, at its expense, and to the standards of a first-class building and the Tenant may not remove same except for replacement due to damage or repair, provided that at the expiry or earlier termination of the Lease the Tenant at its expense shall have remove same and repair all damage caused by the right to maintain (removal and replace) during the Term installation. The Tenant agrees that all indemnity and release of liability provisions set out in this Lease (as the insurance and indemnity provisions) shall apply to the Tenant’s Signage and that the insurance coverage which it is required to maintain under this Lease shall apply to the Signage and to all occurrences which in any way relate to the installation or existence of same may and to the Tenant’s rights under this section. In the event the Tenant fails to install the exterior Signage during the first 12 months of the Term, it shall be extended)deemed that the Tenant does not intend to install the exterior Signage, and this right set out herein shall be null and void and of no further force or effect.
Appears in 1 contract
Samples: Lease (Venus Concept Inc.)
Exterior Building Signage. (1) Effective as of the Execution Date, Tenant shall have the non-exclusive right to install exterior signage (the “Exterior Signage”) displaying Tenant’s name and/or logo on the exterior facade of the Building along First Street; however, effective as of the Execution Date, so long as HubSpot, Inc., itself, or a Permitted Tenant Successor, and/or a Tenant Affiliate is Occupying at least fifty-four percent (54%) of the Rentable Floor Area of the Building, Landlord hereby agrees that Landlord shall not grant any signage rights or install any new or additional signage for any current or future tenant of the Building on the Building’s Exterior. Effective as of the Substantial Full Occupancy Commencement Date, and continuing throughout the Lease Term so long as Tenant continues to satisfy both of the following conditions: (i) Tenant is leasing at least eighty-five percent (85%) of the Rentable Area of the Building (“Exclusive Signage Leasing Condition”) (exclusive of the Basement Put Premises), and (ii) HubSpot, Inc., itself, a Permitted Tenant Successor, and/or a Tenant Affiliate is Occupying at least fifty-four percent (54%) of the Rentable Floor Area of the Building (“Exclusive Signage Occupancy Condition”), the Exterior Signage right described in the immediately preceding sentence shall be exclusive to Tenant and, within a reasonable period of time after the Substantial Full Occupancy Commencement Date, Landlord shall remove any its corporate identity signage on the exterior of the Building identifying any other tenantin the location set forth on Exhibit L (the “Tenant Exterior Building Signage”). The size, occupant type, color, material composition and location of the Tenant Exterior Building Signage shall comply with all applicable governmental signage requirements and shall be subject to Landlord’s prior written approval, not to be unreasonably withheld or other partydelayed; provided, provided however, that Landlord shall not be required hereby approves the Tenant Exterior Building Signage in substantially the form attached hereto and made a part hereof as Exhibit L to remove any signage from the monument or placard sign located on the exterior facade extent of the actual detail shown on Exhibit L. It shall be Tenant’s responsibility to obtain all required governmental approvals for the Tenant Exterior Building along First Street identifying Signage. Tenant shall, at its own expense, have the right to change or replace the Tenant Exterior Building Signage at any other tenant of the Building (as such signage may be modified (but not increased) time or from time to time pursuant during the Term so long as such change in its signage is in compliance with all applicable Laws, and subject to Landlord’s prior written approval, not to be unreasonably withheld or delayed. Tenant shall be solely responsible, at Tenant’s sole cost, for installing, maintaining and repairing the Tenant Exterior Building Signage and, upon expiration of the Term or earlier termination of this Lease, or at such time occurring after the Phase III Commencement Date as Ulta Salon, Cosmetics & Fragrance, Inc. is not leasing and occupying 80,000 rentable square feet in the Building, Tenant shall, at Tenant’s cost, remove all Tenant Exterior Building Signage from the Building and restore the exterior of the Building to substantially the same condition as existed prior to the provisions installation of the Tenant Exterior Building Signage. If Tenant fails to remove such Tenant Exterior Building Signage at any of such other tenant’s leasetimes, then Landlord may do so upon thirty (30) that exists as of days prior written notice thereof and charge Tenant for the Execution Date until reasonable costs thereof which shall be due and payable within thirty (30) days after such other tenant (or its successor under its lease with Landlord) is no longer occupying space within the Building. At any time when Tenant ceases to satisfy the Exclusive Signage Occupancy Condition, there shall be no limitations on Landlord’s right to permit tenant identification signage for other tenants and occupants of the Building on the exterior of the Building. At any time when Tenant satisfies the Exclusive Signage Occupancy Condition but does not satisfy the Exclusive Signage Leasing Condition, Landlord shall only have the right to permit other tenants and occupants of the Building to install monument or placard signs similar to the monument or placard signs existing on the exterior of the Building along First Street as of the Execution Date. Notwithstanding the exclusive signage rights described in the immediately preceding sentence, but subject to the provisions of Section 16.32(C)(2), Landlord reserves the right to install Building-related signage on the exterior of the Building (e.g., informational, directional and branding signage of a size and in locations reasonably approved by Tenant) (not in excess of what exists as of the Execution Date), Tenant specifically acknowledging that any such Building signage shall not violate Tenant’s exclusive signage rights contained in this Section 16.32(C). Subject to the following conditions (“Exterior Signage Conditions”), all Exterior Signage shall: (i) be installed, maintained in good condition, and removed at Tenant’s sole cost and expense, (ii) comply with all Applicable Laws, ordinances, rules and regulations, including the Cambridge Zoning Ordinance (including the “Signs and Illumination” provisions contained therein), (iii) be subject to Tenant’s receipt of all necessary governmental permits and/or approvals for such Exterior Signage, and (iv) be subject to Landlord’s prior review and written approval of Tenant’s plans and specifications request therefor, which plans and specifications shall specify the type, size, installation method and location of such Exterior Signage, and which approval shall not be unreasonably withheld, conditioned or delayed. Effective as of the 100% Lease Date and so long as Tenant continues to lease the entirety of the Building, Landlord shall not change the name of the Building without Tenant’s prior written consent, which consent may not be unreasonably withheld, conditioned or delayed. Tenant’s right to the Exterior Signage in this Section 16.32(C) is in addition to Tenant’s right to install and maintain Tenant’s existing exterior signage on the Building which signage Tenant shall have the right to maintain (and replace) during the Term of this Lease (as the same may be extended).
Appears in 1 contract
Samples: Office Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)
Exterior Building Signage. (1) Effective as Subject to Lessee’s compliance with Lessor’s City-approved sign criteria for exterior signage and Lessor’s approval of the Execution Datedesign, Tenant shall have the non-exclusive right to install exterior signage (the “Exterior Signage”) displaying Tenant’s name and/or logo on the exterior facade of the Building along First Street; howeverwording, effective as of the Execution Datestyle, so long as HubSpot, Inc., itself, or a Permitted Tenant Successor, and/or a Tenant Affiliate is Occupying at least fifty-four percent (54%) of the Rentable Floor Area of the Building, Landlord hereby agrees that Landlord shall not grant any signage rights or install any new or additional signage for any current or future tenant of the Building on the Building’s Exterior. Effective as of the Substantial Full Occupancy Commencement Datefont, and continuing throughout colors used by Lessee and the Lease Term so long as Tenant continues manner of installation (such approval not to satisfy both of the following conditions: (i) Tenant is leasing at least eighty-five percent (85%) of the Rentable Area of the Building (“Exclusive Signage Leasing Condition”) (exclusive of the Basement Put Premises), and (ii) HubSpot, Inc., itself, a Permitted Tenant Successor, and/or a Tenant Affiliate is Occupying at least fifty-four percent (54%) of the Rentable Floor Area of the Building (“Exclusive Signage Occupancy Condition”), the Exterior Signage right described in the immediately preceding sentence shall be exclusive to Tenant and, within a reasonable period of time after the Substantial Full Occupancy Commencement Date, Landlord shall remove any signage on the exterior of the Building identifying any other tenant, occupant or other party, provided that Landlord shall not be required to remove any signage from the monument or placard sign located on the exterior facade of the Building along First Street identifying any other tenant of the Building (as such signage may be modified (but not increased) from time to time pursuant to the provisions of such other tenant’s lease) that exists as of the Execution Date until thirty (30) days after such other tenant (or its successor under its lease with Landlord) is no longer occupying space within the Building. At any time when Tenant ceases to satisfy the Exclusive Signage Occupancy Condition, there shall be no limitations on Landlord’s right to permit tenant identification signage for other tenants and occupants of the Building on the exterior of the Building. At any time when Tenant satisfies the Exclusive Signage Occupancy Condition but does not satisfy the Exclusive Signage Leasing Condition, Landlord shall only have the right to permit other tenants and occupants of the Building to install monument or placard signs similar to the monument or placard signs existing on the exterior of the Building along First Street as of the Execution Date. Notwithstanding the exclusive signage rights described in the immediately preceding sentence, but subject to the provisions of Section 16.32(C)(2), Landlord reserves the right to install Building-related signage on the exterior of the Building (e.g., informational, directional and branding signage of a size and in locations reasonably approved by Tenant) (not in excess of what exists as of the Execution Date), Tenant specifically acknowledging that any such Building signage shall not violate Tenant’s exclusive signage rights contained in this Section 16.32(C). Subject to the following conditions (“Exterior Signage Conditions”), all Exterior Signage shall: (i) be installed, maintained in good condition, and removed at Tenant’s sole cost and expense, (ii) comply with all Applicable Laws, ordinances, rules and regulations, including the Cambridge Zoning Ordinance (including the “Signs and Illumination” provisions contained therein), (iii) be subject to Tenant’s receipt of all necessary governmental permits and/or approvals for such Exterior Signage, and (iv) be subject to Landlord’s prior review and written approval of Tenant’s plans and specifications therefor, which plans and specifications shall specify the type, size, installation method and location of such Exterior Signage, and which approval shall not be unreasonably withheld, conditioned or delayed. Effective as of ), Lessee shall be permitted to erect (a) an “eyebrow” sign on the 100% Lease Date Building in the location shown on Exhibit “F-1” attached to this Lease, and so long as Tenant continues to lease the entirety of the Building, Landlord shall not change the name (b) a sign panel on a monument sign in front of the Building without Tenant’s prior written consentin the location shown on Exhibit “F-2,” provided, which consent may not however, that (i) Lessee shall be unreasonably withheldpermitted to place only its Permitted Name on said “eyebrow” sign and monument sign, conditioned or delayed. Tenant’s right to the Exterior Signage in this Section 16.32(Cand (ii) is in addition to Tenant’s right to install and maintain Tenant’s existing exterior signage on the Building which signage Tenant Lessor shall have the right to designate from time to time the slot on the monument sign Lessee will be entitled to use based upon the alphabetical order of the names of the tenants with signage on such monument (the beginning of the alphabet being at the top of the monument signage), but may require Lessee to move its sign panels from time to time during the Lease Term to a lower or higher position, as so determined by Lessor, in which event Lessor will move the same at Lessor’s expense. The foregoing notwithstanding, Lessee shall be permitted to maintain such exterior signage only if it is open and operating in the Premises for its Permitted Use utilizing the Permitted Trade Name, and is not in default under this Lease beyond applicable notice and cure and/or grace periods. The cost of acquiring and installing the foregoing “eyebrow” sign and sign panel shall be at the expense of Lessee, provided that (1) Lessee shall engage a sign contractor reasonably acceptable to Lessor to obtain and install the “eyebrow” sign, and (2) any changes to the eyebrow and monument signage (which must first be reasonably approved by Lessor and must comply with Lessor’s City-approved sign criteria) shall be at the expense of Lessee. Lessee shall maintain, repair, and replace all such signage (and replace) during shall promptly repair, in a good and workmanlike manner, any damage to the Term Building and/or monument sign caused by the acts or omissions of this Lease (as Lessee, its employees, agents, or contractors), at Lessee’s sole expense, so that the same may be extended)are in good condition and repair at all times.
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Exterior Building Signage. (1) Effective as of During the Execution Date, Tenant shall have the non-exclusive right to install exterior signage (the “Exterior Signage”) displaying Tenant’s name and/or logo on the exterior facade of the Building along First Street; however, effective as of the Execution Date, Lease Term for so long as HubSpot, Inc., itself, Tenant or a Permitted Tenant Successor, and/or a Tenant Affiliate is Occupying Assignee occupies at least fifty-four seventy percent (5470%) of the Rentable Floor Area of the BuildingPremises, Landlord hereby agrees that Landlord shall not grant allow any Competitor of Tenant to have exterior Building signage rights or install any new or additional signage for any current or future tenant of the Building on the Building’s ExteriorNorth Tower above eyebrow signage height. Effective as As used herein, “Competitor of the Substantial Full Occupancy Commencement Date, and continuing throughout the Lease Term so long as Tenant continues to satisfy both of the following conditions: Tenant” means (i) Tenant is leasing at least eighty-five percent (85%) of the Rentable Area of the Building (“Exclusive Signage Leasing Condition”) (exclusive of the Basement Put Premises), a life science company that primarily focuses on an immunological approach to developing pharmaceuticals for treating and preventing serious infectious diseases and (ii) HubSpotis identified by Tenant as a competitor of Tenant on the list of competitors delivered by Tenant to Landlord from time to time and then in effect as between Landlord and Xxxxxx as contemplated by this Section 23.4. At any time following the execution and delivery of this Lease by Landlord and Tenant, Inc.Tenant may deliver to Landlord, itselfin writing, a Permitted Tenant Successoran initial list of competitors containing no more than ten (10) companies, and/or a Tenant Affiliate is Occupying at least fiftyand such list will be valid (i.e., in full force and effect) for the ensuing twenty-four percent (54%24) months (which list of competitors, as updated from time to time in accordance with this Section 23.4, may be referred to as the “Competitor List”). Thereafter, Tenant may update the initial Competitor List and any subsequently updated Competitor List every twenty-our (24) months during the Lease Term. If Tenant either fails to deliver to Landlord (i) an initial Competitor List, (ii) an update to the initial Competitor List after twenty-four (24) months have elapsed, or (ii) an update of the Rentable Floor Area then most recently updated Competitor List after twenty-four (24) months have elapsed, then Landlord may give to Tenant written notice requesting Tenant deliver to Landlord either the initial Competitor List or an updated Competitor List, as applicable, and Tenant shall thereafter have ten (10) business days to deliver to Landlord a Competitor List identifying no more than ten (10) companies, and such Competitors List shall be valid for the ensuing twenty-four (24) months. If Tenant fails to deliver to Landlord an initial Competitor List, Landlord may give to Tenant a second written notice reminding Tenant of the Building (“Exclusive Signage Occupancy Condition”)need to provide an initial Competitor List and if Tenant fails to provide such an initial Competitor List, the Exterior Signage right described in the immediately preceding sentence shall be exclusive to Tenant and, within a reasonable period of time after the Substantial Full Occupancy Commencement Date, Landlord shall remove any signage on the exterior of the Building identifying any other tenant, occupant or other party, provided that then Landlord shall not be required to remove any signage from the monument or placard sign located on the exterior facade of the Building along First Street identifying any other tenant of the Building (as such signage may be modified (but not increased) from time to time pursuant to the provisions of such other tenant’s lease) that exists as of the Execution Date until thirty (30) days after such other tenant (or its successor under its lease with Landlord) is no longer occupying space within the Building. At any time when Tenant ceases to satisfy the Exclusive Signage Occupancy Condition, there shall be no limitations on Landlord’s right to permit tenant identification signage for other tenants and occupants of the Building on the exterior of the Building. At any time when Tenant satisfies the Exclusive Signage Occupancy Condition but does not satisfy the Exclusive Signage Leasing Condition, Landlord shall only have the right to permit other tenants and occupants of the Building to install monument or placard signs similar to the monument or placard signs existing on the exterior of the Building along First Street as of the Execution Date. Notwithstanding the exclusive signage rights described in the immediately preceding sentence, but subject to the provisions of Section 16.32(C)(2), Landlord reserves the right any prohibition relating to install Building-related exterior Building signage on the exterior of North Tower for the Building ensuing twenty-four (e.g.24) months; if Tenant fails to deliver to Landlord an updated Competitor List within the time period for Xxxxxx’s response, informationalthen the previous Competitor List will continue to remain valid for an additional, directional and branding signage of a size and in locations reasonably approved by Tenantensuing twenty-four (24) (not in excess of what exists as of months. Notwithstanding anything to the Execution Date), Tenant specifically acknowledging that any such Building signage shall not violate Tenant’s exclusive signage rights contrary contained in this Section 16.32(C). Subject to the following conditions (“Exterior Signage Conditions”)23.4, all Exterior Signage shall: Landlord shall (i) be installedentitled to grant any retail tenants the rights to install their standard building sign package, maintained in good conditionincluding eyebrow signage, blade signage and removed at Tenant’s sole cost and expensestore front signage, on or about their premises, (ii) comply with all Applicable Lawsbe entitled to grant any tenants monument signage rights, ordinances, rules and regulations, including the Cambridge Zoning Ordinance (including the “Signs and Illumination” provisions contained therein), (iii) be subject have no responsibility or liability for any exterior Building signage in any way attributable to Tenant’s receipt of all necessary governmental permits and/or approvals for such Exterior Signage, and (iv) be subject to Landlord’s prior review and written approval of Tenant’s plans and specifications therefor, which plans and specifications shall specify the type, size, installation method and location of such Exterior Signage, and which approval shall not be unreasonably withheld, conditioned or delayed. Effective as of the 100% Lease Date and so long as Tenant continues to lease the entirety of the Building, Landlord shall not change the name of the Building without Tenant’s prior written consent, which consent may not be unreasonably withheld, conditioned or delayed. Tenant’s right to the Exterior Signage in this Section 16.32(C) is in addition to Tenant’s right to install and maintain Tenant’s existing exterior signage on the Building which signage Tenant shall have the right to maintain (and replace) during the Term of this Lease (as the same may be extended)Dropbox.
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Samples: Lease (Vir Biotechnology, Inc.)
Exterior Building Signage. (1) Effective as of the Execution Date, Tenant shall have the non-exclusive right to install exterior signage (the “Exterior Signage”) displaying Tenant’s name and/or logo on the exterior facade of the Building along First Street; however, effective as of the Execution DateNotwithstanding Section 21.1., so long as HubSpotthe Tenant under this Lease (i) is the Tenant originally named under this Lease in the Basic Lease Information, Inc., itself, or a Permitted Tenant Successor, and/or a Tenant Affiliate (ii) is Occupying in occupancy pursuant to this Lease of at least fiftyseventy-four five percent (5475%) of the Rentable Floor Area portion of the Premises originally demised under this Lease in the applicable Building, Landlord hereby agrees that Landlord and (iii) is not in default of any of its obligations hereunder beyond the expiration of any applicable grace or cure period, Tenant shall not grant any be permitted to maintain identification signage rights or install any new or additional signage for any current or future tenant at the top of one exterior side of the Building on in which the Building’s Exterior. Effective as applicable portion of the Substantial Full Occupancy Commencement DatePremises is located, and continuing throughout the Lease Term so long as Tenant continues to satisfy both of the following conditions: (i) Tenant is leasing at least eighty-five percent (85%) of the Rentable Area of the Building (“Exclusive Signage Leasing Condition”) (exclusive of the Basement Put Premises), and (ii) HubSpot, Inc., itself, in a Permitted Tenant Successor, and/or a Tenant Affiliate is Occupying at least fifty-four percent (54%) of the Rentable Floor Area of the Building (“Exclusive Signage Occupancy Condition”), the Exterior Signage right described in the immediately preceding sentence shall be exclusive to Tenant and, within a reasonable period of time after the Substantial Full Occupancy Commencement Date, Landlord shall remove any signage on the exterior of the Building identifying any other tenant, occupant or other party, provided that Landlord shall not be required to remove any signage from the monument or placard sign located on the exterior facade of the Building along First Street identifying any other tenant of the Building (as such signage may be modified (but not increased) from time to time pursuant to the provisions of such other tenant’s lease) that exists as of the Execution Date until thirty (30) days after such other tenant (or its successor under its lease with Landlord) is no longer occupying space within the Building. At any time when Tenant ceases to satisfy the Exclusive Signage Occupancy Condition, there shall be no limitations on Landlord’s right to permit tenant identification signage for other tenants and occupants of the Building on the exterior of the Building. At any time when Tenant satisfies the Exclusive Signage Occupancy Condition but does not satisfy the Exclusive Signage Leasing Condition, Landlord shall only have the right to permit other tenants and occupants of the Building to install monument or placard signs similar to the monument or placard signs existing on the exterior of the Building along First Street as of the Execution Date. Notwithstanding the exclusive signage rights described in the immediately preceding sentence, but subject to the provisions of Section 16.32(C)(2), Landlord reserves the right to install Building-related signage on the exterior of the Building (e.g., informational, directional and branding signage of a size and in locations location reasonably approved by Tenant) (not in excess Landlord. The installation, maintenance and removal of what exists as of the Execution Date), Tenant specifically acknowledging that any such Building signage shall not violate Tenant’s exclusive signage rights contained in pursuant to this Section 16.32(C)21.b. Subject to the following conditions (“Exterior Signage Conditions”), all Exterior Signage shall: (i) shall be installed, maintained in good condition, and removed performed by Tenant at Tenant’s sole cost and expense, (ii) comply but in coordination with all Applicable LawsLandlord and its reasonable installation procedures and requirements, ordinancesor at Landlord’s option, rules and regulations, including the Cambridge Zoning Ordinance (including the “Signs and Illumination” provisions contained therein), (iii) be subject to by Landlord at Tenant’s receipt expense. Such signage of all necessary governmental permits and/or approvals for such Exterior Signage, and (iv) Tenant shall be subject to Landlord’s prior review approval and written approval of all Legal Requirements, and shall be limited to Tenant’s plans name and/or logo. If Tenant shall fail to meet the signage conditions specified herein, Landlord may immediately remove Tenant’s signage at Tenant’s expense, and specifications thereforTenant’s signage rights pursuant to this Section 21.b. shall thereafter forever cease and terminate; provided, which plans and specifications shall specify the typehowever, size, installation method and location that if applicable Legal Requirements do not require removal of such Exterior Signage, and which approval shall not be unreasonably withheld, conditioned or delayed. Effective as signage prior to the expiration of the 100% Lease Date and so long as Tenant continues to lease the entirety of the Buildingthirty (30) day period hereinafter provided, Landlord shall not change the name remove such signage unless it shall have given Tenant thirty (30) days’ prior notice of the Building without signage conditions Tenant has failed to meet, and such failure continues after the expiration of such thirty (30) day period. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant’s prior written consentexpense, which consent may not be unreasonably withheldor at Landlord’s option Landlord shall, conditioned or delayed. at Tenant’s right expense, remove Tenant’s signage and repair any damage to the Exterior Signage in this Section 16.32(C) is in addition to Tenant’s right to install and maintain Tenant’s existing exterior signage on the applicable Building which signage Tenant shall have the right to maintain (and replace) during the Term of this Lease (as the same may be extended)causes by such removal.
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Samples: Sublease Agreement (Thermage Inc)
