Landlord’s Reservations. Landlord reserves the right from time to time, without unreasonable interference with Tenant’s use, and provided the Number of Parking Spaces allocated to Tenant shall not be reduced except in accordance with Section 2.2.1, above: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to perform, or cause to be performed, construction in the common areas and facilities or other leased areas on the Property or in the Office Park and (c) to reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas and facilities and other tenancies and premises on the Property or in the Office Park, to create additional rentable areas through use or enclosure of common areas, and to dedicate roads within the Office Park for public use. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises. In performing any non-emergency work pursuant to this Section 2.3, Landlord shall take reasonable steps to minimize interference with Tenant’s operations in the Premises. Landlord reserves and excepts for its benefit all rights of ownership and use in all respects outside the Premises, including without limitation, the Building and all other structures and improvements and parking areas and common areas in the Office Park or on the Site. Without limitation of the foregoing reservation of rights by Landlord, but subject to the applicable provisions of this Lease, it is understood that in its sole discretion Landlord shall have the right to change and rearrange the common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of or lease all or part thereof and to sell, lease or dedicate all or part thereof to public use; and further that Landlord, shall have the right to make changes in, additions to and eliminations from the Building and other structures and improvements in the Office Park or on the Site, the Premises excepted; provided however that Tenant, its employees, agents, clients, customers, and invitees shall at all times have reasonable access to the Building and Premises.
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Landlord’s Reservations. (a) The Landlord reserves the right from time to time, without unreasonable interference with the Tenant’s useuse and with written notice to Tenant, and provided the Number of Parking Spaces allocated to Tenant shall not be reduced except in accordance with Section 2.2.1, above: emergencies (aincluding the specialized needs of Tenant’s operations which Landlord hereby acknowledges): (i) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixturesfixtures and equipment, wherever located in the Premises or the Building, provided that the usable area of the Premises is not reduced, and (ii) to alter or relocate any other common facility, provided that substitutions are substantially equivalent or better for Tenant’s use of the Premises consistent with the Permitted Uses.
(b) Tenant acknowledges that the Park is comprised of several buildings, including the Building and both life science/office buildings (“Commercial Buildings”) and residential buildings (“Residential Buildings”), together with common and publicly accessible landscaped areas, service drives, and sidewalks. Landlord has established a common scheme for the operation and maintenance of the Park to performwhich this Lease and the other leases of space in the Park are subject pursuant to a legal instrument entitled the “Declaration of Covenants,” provided, however, that the terms and conditions of the Declaration of Covenants shall not diminish in any material and adverse manner any of Tenant’s rights and benefits with respect to the Premises, or cause materially and adversely increase any of Tenant’s obligations. Each Commercial Building, and certain of the Residential Buildings, are subject to the Declaration of Covenants, and contribute to the costs and expenses to be performedshared thereunder. However, construction in Landlord and Tenant recognize that Residential Buildings may not contribute to such costs and expenses, and therefore, it is agreed that allocation of costs and expenses payable under the common areas Declaration of Covenants among the building owners, the Building’s allocable share of which are Operating Expenses under this Lease, shall be based on an aggregation of all such costs and facilities or other leased areas expenses, less whatever contributions can be collected from the Residential Buildings, and allocated to the Building based on the Property or in the Office Park and (c) to reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature a numerator comprised of the common areas and facilities and other tenancies and premises on the Property or in the Office Park, to create additional total rentable areas through use or enclosure of common areas, and to dedicate roads within the Office Park for public use. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls and the denominator of which is the total rentable area of all of the Premises. In performing any non-emergency work pursuant Commercial Buildings in existence from time to this Section 2.3time, or by such other method as Landlord shall take reasonable steps to minimize interference with Tenant’s operations in the Premises. Landlord reserves and excepts for its benefit all rights of ownership and use in all respects outside the Premises, including without limitation, the Building and all other structures and improvements and parking areas and common areas in the Office Park or on the Site. Without limitation of the foregoing reservation of rights by Landlord, but subject to the applicable provisions of this Lease, it is understood that in its sole discretion Landlord shall have the right to change and rearrange the common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of or lease all or part thereof and to sell, lease or dedicate all or part thereof to public use; and further that Landlord, shall have the right to make changes in, additions to and eliminations from the Building and other structures and improvements in the Office Park or on the Site, the Premises excepted; provided however that Tenant, its employees, agents, clients, customers, and invitees shall at all times have reasonable access to the Building and Premisesmay reasonably determine.
Appears in 1 contract
Samples: Lease (Voyager Therapeutics, Inc.)
Landlord’s Reservations. Provided Tenant's use of and access to the Premises is not materially adversely affected, Landlord reserves the right from time to time, without unreasonable interference with Tenant’s use, and provided the Number of Parking Spaces allocated to Tenant shall not be reduced except in accordance with Section 2.2.1, abovetime to: (ai) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixturesmeters and equipment above the ceiling surfaces, wherever located below the floor surfaces, within the walls and in the Premises central core areas of the Building; (ii) make changes to the design and layout of the Project, including, without limitation, changes to buildings, driveways, entrances, loading and unloading areas, direction of traffic, landscaped areas and walkways, parking spaces and parking areas; (iii) use or close temporarily the Common Areas, and/or other portions of the Project while engaged in making improvements, repairs or alterations to the Building, (b) to perform, the Project or cause to be performed, construction in the common areas and facilities or other leased areas on the Property or in the Office Park any portion thereof; and (civ) to reduceLandlord reserves for itself, increaseLandlord’s operators of the Amenities, enclose or otherwise change at any time Landlord’s property manager, and their respective Agents, the right from time to time the sizeto use, number, location, lay-out access and nature periodically reserve portions of the common areas Amenity Building, the Phase II Common Area, the Parking Facilities, the Sports Park and facilities and the other tenancies and premises on Common Area; provided that Landlord shall exercise commercially reasonable efforts to coordinate with Tenant in connection with the Property or exercise of such right in the Office Park, to create additional rentable areas through use or enclosure of common areas, and to dedicate roads within the Office Park for public use. Installations, replacements and relocations referred to in clause (a) above order that there shall be located so far as practicable in no material adverse effect to Tenant’s use of and access to such Common Areas. In addition, Landlord expressly reserves the central core area right to change the name of the Building, above ceiling surfaces, below floor surfaces the Other Buildings or within perimeter walls the Project. Tenant acknowledges and agrees that Tenant shall have no right to use or access the exclusive fire pit and lounge for Building 3 as shown on Exhibit G-1 or any of the PremisesParking Facilities other than the Surface Lot and the Phase II Parking Garage. In performing any non-emergency work pursuant Notwithstanding anything to the contrary in this Section 2.3Lease, to the extent that Landlord shall take reasonable steps has obligations under this Lease with respect to minimize interference with Tenant’s operations in the Premises. Landlord reserves and excepts for its benefit all rights of ownership and use in all respects outside the Premises, including without limitation, the Building and all other structures and improvements and parking areas and common areas in the Office Park or on the Site. Without limitation portions of the foregoing reservation Common Area that are located on portions of rights the Project that are not owned by Landlord, but subject unless otherwise provided in the Phase II Easement Agreement, Landlord’s obligation shall be to exercise commercially reasonable efforts to cause the owners of such portions of the Project to perform their respective material obligations, to the extent of Landlord’s rights under the Phase II Easement Agreement, the Sports Park Easement Agreement, or any other applicable provisions of this Leaserecorded easement agreements, it is understood that in its sole discretion Landlord shall have the right to change covenants, conditions and rearrange the common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of or lease all or part thereof restrictions and to sell, lease enforce or dedicate all exercise any remedies under the foregoing documents against the applicable owner or part thereof other responsible party who fails to public use; and further that Landlord, shall have the right perform its material obligations pursuant to make changes in, additions to and eliminations from the Building and other structures and improvements in the Office Park or on the Site, the Premises excepted; provided however that Tenant, its employees, agents, clients, customers, and invitees shall at all times have reasonable access to the Building and Premisessuch documents.
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Landlord’s Reservations. Provided Tenant’s use of and access to the Premises is not materially adversely affected, Landlord reserves the right from time to time, without unreasonable interference with Tenant’s use, and provided the Number of Parking Spaces allocated to Tenant shall not be reduced except in accordance with Section 2.2.1, abovetime to: (ai) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixturesmeters and equipment above the ceiling surfaces, wherever located below the floor surfaces, within the walls and in the Premises central core areas of the Building; (ii) make changes to the design and layout of the Project, including, without limitation, changes to buildings, driveways, entrances, loading and unloading areas, direction of traffic, landscaped areas and walkways, parking spaces and parking areas; (iii) use or close temporarily the Common Areas, and/or other portions of the Project while engaged in making improvements, repairs or alterations to the Building, (b) to perform, the Project or cause to be performed, construction in the common areas and facilities or other leased areas on the Property or in the Office Park any portion thereof; and (civ) to reduceLandlord reserves for itself, increaseLandlord’s operators of the Amenities, enclose or otherwise change at any time Landlord’s property manager, and their respective Agents, the right from time to time the sizeto use, number, location, lay-out access and nature periodically reserve portions of the common areas Amenity Building, the Phase II Common Area, the Parking Facilities, the Sports Park and facilities and the other tenancies and premises on Common Area; provided that Landlord shall exercise commercially reasonable efforts to coordinate with Tenant in connection with the Property or exercise of such right in the Office Park, to create additional rentable areas through use or enclosure of common areas, and to dedicate roads within the Office Park for public use. Installations, replacements and relocations referred to in clause (a) above order that there shall be located so far no material adverse effect to Tenant’s use of and access to such Common Areas (including, without limitation, the Common Area Amenities (as practicable defined in Exhibit C)). In addition, Landlord expressly reserves the central core area right to change the name of the Building, above ceiling surfacesthe Other Buildings or the Project, below floor surfaces provided any name change to the Building shall not include the name of any Competitor (as defined in Article XXVII). Tenant acknowledges and agrees that Tenant shall have no right to use or within perimeter walls access the exclusive fire pit and lounge for Building 3 as shown on Exhibit G-l or any of the PremisesParking Facilities other than the Surface Lot and the Phase II Parking Garage. In performing any non-emergency work pursuant to this Section 2.3To the extent Landlord reasonably determines practicable, Landlord shall take use commercially reasonable steps efforts when exercising its rights to construct additional buildings at the Project under this Section 2.2 in order to minimize any material disruption or interference with Tenant’s operations in the Premises. Landlord reserves and excepts for its benefit all rights of ownership and use in all respects outside the Premises, including without limitation, the Building and all other structures and improvements and parking areas and common areas in the Office Park or on the Site. Without limitation of the foregoing reservation Premises (or any material portion thereof) for Tenant’s business purposes. Notwithstanding anything to the contrary in this Lease, to the extent that Landlord has obligations under this Lease with respect to portions of rights the Common Area that are located on portions of the Project that are not owned by Landlord, but subject unless otherwise provided in the Phase II Easement Agreement, Landlord’s obligation shall be to exercise commercially reasonable efforts to cause the owners of such portions of the Project to perform their respective material obligations, to the extent of Landlord’s rights under the Phase II Easement Agreement, the Sports Park Easement Agreement or any other applicable provisions of this Leaserecorded easement agreements, it is understood that in its sole discretion Landlord shall have the right to change covenants, conditions and rearrange the common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of or lease all or part thereof restrictions and to sell, lease enforce or dedicate all exercise any remedies under the foregoing documents against the applicable owner or part thereof other responsible party who fails to public use; and further that Landlord, shall have the right perform its material obligations pursuant to make changes in, additions to and eliminations from the Building and other structures and improvements in the Office Park or on the Site, the Premises excepted; provided however that Tenant, its employees, agents, clients, customers, and invitees shall at all times have reasonable access to the Building and Premisessuch documents.
Appears in 1 contract
Samples: Office Lease (McAfee Corp.)
Landlord’s Reservations. (a) The Landlord reserves the right from time to time, without unreasonable interference with the Tenant’s useuse and with written notice to Tenant, and provided the Number of Parking Spaces allocated to Tenant shall not be reduced except in accordance with Section 2.2.1, above: emergencies (aincluding the specialized needs of Tenant’s operations which Landlord hereby acknowledges): (i) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixturesfixtures and equipment, wherever located in the Premises or the Building, provided that the usable area of the Premises is not reduced and the quality and character of the Premises are not materially diminished, and (ii) to alter or relocate any other common facility, provided that substitutions are substantially equivalent or better for Tenant’s use of the Premises consistent with the Permitted Uses.
(b) Tenant acknowledges that the Park is comprised of several buildings, including the Building and both life science/office buildings (“Commercial Buildings”) and residential buildings (“Residential Buildings”), together with common and publicly accessible landscaped areas, service drives, and sidewalks. Landlord has established a common scheme for the operation and maintenance of the Park to performwhich this Lease and the other leases of space in the Park are subject pursuant to a legal instrument entitled the “Declaration of Covenants,” provided, however, that the terms and conditions of the Declaration of Covenants shall not diminish in any material and adverse manner any of Tenant’s rights and benefits with respect to the Premises, or cause materially and adversely increase any of Tenant’s obligations. Each Commercial Building, and certain of the Residential Buildings, are subject to the Declaration of Covenants, and contribute to the costs and expenses to be performedshared thereunder. However, construction in Landlord and Tenant recognize that Residential Buildings may not contribute to such costs and expenses, and therefore, it is agreed that allocation of costs and expenses payable under the common areas Declaration of Covenants among the building owners, the Building’s allocable share of which are Operating Expenses under this Lease, shall be based on an aggregation of all such costs and facilities or other leased areas expenses, less whatever contributions can be collected from the Residential Buildings, and allocated to the Building based on the Property or in the Office Park and (c) to reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature a numerator comprised of the common areas and facilities and other tenancies and premises on the Property or in the Office Park, to create additional total rentable areas through use or enclosure of common areas, and to dedicate roads within the Office Park for public use. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls and the denominator of which is the total rentable area of all of the Premises. In performing any non-emergency work pursuant Commercial Buildings in existence from time to this Section 2.3time, or by such other method as Landlord shall take reasonable steps to minimize interference with Tenant’s operations in the Premises. Landlord reserves and excepts for its benefit all rights of ownership and use in all respects outside the Premises, including without limitation, the Building and all other structures and improvements and parking areas and common areas in the Office Park or on the Site. Without limitation of the foregoing reservation of rights by Landlord, but subject to the applicable provisions of this Lease, it is understood that in its sole discretion Landlord shall have the right to change and rearrange the common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of or lease all or part thereof and to sell, lease or dedicate all or part thereof to public use; and further that Landlord, shall have the right to make changes in, additions to and eliminations from the Building and other structures and improvements in the Office Park or on the Site, the Premises excepted; provided however that Tenant, its employees, agents, clients, customers, and invitees shall at all times have reasonable access to the Building and Premisesmay reasonably determine.
Appears in 1 contract
Samples: Lease (Voyager Therapeutics, Inc.)
Landlord’s Reservations. (a) The Landlord reserves the right from time to time, without unreasonable interference with the Tenant’s useuse and with written notice to Tenant, and provided the Number of Parking Spaces allocated to Tenant shall not be reduced except in accordance with Section 2.2.1, above: emergencies (aincluding the specialized needs of Tenant’s operations which Landlord hereby acknowledges): (i) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixturesfixtures and equipment, wherever located in the Premises or the Building, provided that the usable area of the Premises is not materially reduced, and (ii) to alter or relocate any other common facility, provided that substitutions are substantially equivalent or better for Tenant’s use of the Premises consistent with the Permitted Uses.
(b) Tenant acknowledges that the Park is comprised of several buildings, including the Building and both life science/office buildings (“Commercial Buildings”) and residential buildings (“Residential Buildings”), together with common and publicly accessible landscaped areas, service drives, and sidewalks. Landlord has established a common scheme for the operation and maintenance of the Park to performwhich this Lease and the other leases of space in the Park are subject pursuant to a legal instrument entitled the “Declaration of Covenants,” provided, however, that the terms and conditions of the Declaration of Covenants shall not diminish in any material and adverse manner any of Tenant’s rights and benefits with respect to the Premises, or cause materially and adversely increase any of Tenant’s obligations. Each Commercial Building, and certain of the Residential Buildings, are subject to the Declaration of Covenants, and contribute to the costs and expenses to be performedshared thereunder. However, construction in Landlord and Tenant recognize that Residential Buildings may not contribute to such costs and expenses, and therefore, it is agreed that allocation of costs and expenses payable under the common areas Declaration of Covenants among the building owners, the Building’s allocable share of which are Operating Expenses under this Lease, shall be based on an aggregation of all such costs and facilities or other leased areas expenses, less whatever contributions can be collected from the Residential Buildings, and allocated to the Building based on the Property or in the Office Park and (c) to reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature a numerator comprised of the common areas and facilities and other tenancies and premises on the Property or in the Office Park, to create additional total rentable areas through use or enclosure of common areas, and to dedicate roads within the Office Park for public use. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls and the denominator of which is the total rentable area of all of the Premises. In performing any non-emergency work pursuant Commercial Buildings in existence from time to this Section 2.3time, or by such other method as Landlord shall take reasonable steps to minimize interference with Tenant’s operations in the Premises. Landlord reserves and excepts for its benefit all rights of ownership and use in all respects outside the Premises, including without limitation, the Building and all other structures and improvements and parking areas and common areas in the Office Park or on the Site. Without limitation of the foregoing reservation of rights by Landlord, but subject to the applicable provisions of this Lease, it is understood that in its sole discretion Landlord shall have the right to change and rearrange the common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of or lease all or part thereof and to sell, lease or dedicate all or part thereof to public use; and further that Landlord, shall have the right to make changes in, additions to and eliminations from the Building and other structures and improvements in the Office Park or on the Site, the Premises excepted; provided however that Tenant, its employees, agents, clients, customers, and invitees shall at all times have reasonable access to the Building and Premisesmay reasonably determine.
Appears in 1 contract
Landlord’s Reservations. Landlord reserves the right from time to time, without unreasonable interference with Tenant’s 's use, and provided the Number of Parking Spaces allocated to Tenant shall not be reduced except in accordance with Section 2.2.1, above: (ai) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixturesfixtures and equipment, wherever located in the Premises or Building, (b) to perform, or cause to be performed, construction in the common areas and facilities or other leased areas on the Property or in the Office Park and (c) to reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas and facilities and other tenancies and premises on the Property or in the Office Park, to create additional rentable areas through use or enclosure of common areas, and to dedicate roads within the Office Park for public use. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfacesand (ii) to alter or relocate any other common facility, below floor surfaces provided that substitutions are substantially equivalent or better and provided that Landlord provides Tenant with reasonable prior notice and complies with Tenant's security and safety procedures as provided in Section 6.5 of this Lease. Any installation or relocation work in the Premises performed by Landlord pursuant to this Section 2.3 must be concealed behind, beneath or within the partitioning, existing building columns, floors, perimeter walls and ceilings of the Premises or otherwise completely furred and finished at points immediately adjacent to any of the foregoing in such manner as to reasonably harmonize with the interior decoration of the Premises. In performing no event should Landlord be permitted to store any non-emergency work pursuant to this Section 2.3, Landlord shall take reasonable steps to minimize interference with Tenant’s operations of its materials overnight in the Premises. Landlord reserves All such work should be performed at times and excepts in such manner as to create the least practicable interference with Tenant's use of the Premises with any demolition work to be performed only outside of the Building's normal business hours; no such work shall impact so-called "clean" or laboratory installations without reasonably appropriate precautions having been taken; no such work should reduce ceiling heights except for its benefit all rights minor reductions adjacent to central core area walls and existing building columns; no such work should reduce the usable floor area of ownership and use the Premises in all respects outside the Premises, including without limitation, the Building and all other structures and improvements and parking areas and common areas excess of 250 square feet in the Office Park or on the Site. Without limitation of the foregoing reservation of rights by Landlord, but subject to the applicable provisions of this Lease, it is understood that in its sole discretion Landlord shall have the right to change and rearrange the common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of or lease all or part thereof and to sell, lease or dedicate all or part thereof to public useaggregate; and further that Landlord, shall have Tenant should receive a dollar for dollar reduction in Annual Fixed Rent to reflect the right to make changes in, additions to and eliminations from the Building and other structures and improvements in the Office Park or on the Site, the Premises excepted; provided however that Tenant, its employees, agents, clients, customers, and invitees shall at all times have reasonable access to the Building and Premisesusable square footage so taken.
Appears in 1 contract
Samples: Sublease (Viacell Inc)
Landlord’s Reservations. The Landlord expressly reserves the right from time to time, without unreasonable interference with Tenant’s use, and provided the Number of Parking Spaces allocated to Tenant shall not be reduced except in accordance with Section 2.2.1, above: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to perform, or cause to be performed, construction in the common areas and facilities or other leased areas on the Property or in the Office Park and (c) to reduce, increase, enclose or otherwise change at any time and ----------------------- from time to time to alter or relocate any Property Common Area. Landlord agrees not to reduce the size, number, location, layexisting number of parking spaces on-out and nature site as of the common areas date hereof by more than ten (10%) percent, nor to materially diminish access and facilities egress on foot and other tenancies by vehicle to and premises on from Xxxxxxx Street as presently existing but may change the present accesses so long as, as changed, there remains reasonably sufficient and convenient accesses, taking into account suitable requirements for the Property. The Landlord shall give the Tenant reasonable prior notice (except in the event of emergency) before exercising its rights under this Section 2.3 which require access to and/or through the Premises, and the Landlord shall, in any event, exercise diligent, commercially reasonable efforts to minimize any interference with the Tenant's use of the Premises and to avoid undue interference with the Tenant's use of the Property or Common Areas in the Office Park, to create additional rentable areas through use or enclosure of common areas, and to dedicate roads within the Office Park for public use. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises. In performing any non-emergency work pursuant to connection with exercising its rights under this Section 2.3. In no event shall the Premises be decreased in size or otherwise altered in a fashion that would adversely affect the Tenant's use thereof as a result of the Landlord's exercise of such rights. The Landlord further expressly reserves the right to access to and/or through the Premises upon no less than 24 hour prior notice (except that no prior notice shall be required in an emergency) for purposes of inspecting the Premises and otherwise exercising the Landlord's rights as granted hereunder and performing any obligations which have been undertaken by the Landlord under this Lease, provided that the Landlord shall take uses diligent, commercially reasonable steps efforts to minimize interference with the Tenant’s operations in the Premises. Landlord reserves and excepts for its benefit all rights of ownership and 's use in all respects outside the Premises, including without limitation, the Building and all other structures and improvements and parking areas and common areas in the Office Park or on the Site. Without limitation of the foregoing reservation of rights by Landlord, but subject to the applicable provisions of this Lease, it is understood that Premises in its sole discretion Landlord shall have the right to change and rearrange the common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of or lease all or part thereof and to sell, lease or dedicate all or part thereof to public use; and further that Landlord, shall have the right to make changes in, additions to and eliminations from the Building and other structures and improvements in the Office Park or on the Site, the Premises excepted; provided however that Tenant, its employees, agents, clients, customers, and invitees shall at all times have reasonable access to the Building and Premisesconnection therewith.
Appears in 1 contract
Samples: Sublease (Lifef X Inc)
Landlord’s Reservations. (a) The Landlord reserves the right from time to time, without unreasonable interference with the Tenant’s useuse and with written notice to Tenant, and provided the Number of Parking Spaces allocated to Tenant shall not be reduced except in accordance with Section 2.2.1, above: emergencies (aincluding the specialized needs of Tenant’s operations which Landlord hereby acknowledges): (i) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixturesfixtures and equipment, wherever located in the Premises or the Building, and (ii) to alter or relocate any other common facility, provided that substitutions are substantially equivalent or better for Tenant’s use of the Premises consistent with the Permitted Uses.
(b) Tenant acknowledges that the Park is comprised of several buildings, including the Building and both life science/office buildings (‘‘Commercial Buildings”) and residential buildings (“Residential Buildings”), together with common and publicly accessible landscaped areas, service drives, and sidewalks. Landlord has established a common scheme for the operation and maintenance of the Park to performwhich this Lease and the other leases of space in the Park are subject pursuant to a legal instrument entitled the “Declaration of Covenants,” provided, however, that the terms and conditions of the Declaration of Covenants shall not diminish in any material and adverse manner any of Tenant’s rights and benefits with respect to the Premises, or cause materially and adversely increase any of Tenant’s obligations. Each Commercial Building, and certain of the Residential Buildings, are subject to the Declaration of Covenants, and contribute to the costs and expenses to be performedshared thereunder. However, construction in Landlord and Tenant recognize that Residential Buildings may not contribute to such costs and expenses, and therefore, it is agreed that allocation of costs and expenses payable under the common areas Declaration of Covenants among the building owners, the Building’s allocable share of which are Operating Expenses under this Lease, shall be based on an aggregation of all such costs and facilities or other leased areas expenses, less whatever contributions can be collected from the Residential Buildings, and allocated to the Building based on the Property or in the Office Park and (c) to reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature a numerator comprised of the common areas and facilities and other tenancies and premises on the Property or in the Office Park, to create additional total rentable areas through use or enclosure of common areas, and to dedicate roads within the Office Park for public use. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls and the denominator of which is the total rentable area of all of the Premises. In performing any non-emergency work pursuant Commercial Buildings in existence from time to this Section 2.3time, or by such other method as Landlord may reasonably determine.
(c) Landlord shall take reasonable steps to minimize interference with Tenant’s operations provide, maintain and manage the following existing laboratory systems – vacuum, compressed air, RODI – that may be shared by other tenants in the PremisesBuilding (the “Shared Laboratory Systems”). Tenant, as part of Operating Expenses, shall reimburse Landlord reserves for the costs to operate these systems and excepts for the costs shall be pro-rated based on each tenant’s use. If Tenant creates one or more of its benefit all rights own independent systems as part of ownership and use in all respects outside the Premisesits leasehold improvements, including without limitation, the Building and all other structures and improvements and parking areas and common areas in the Office Park or on the Site. Without limitation of the foregoing reservation of rights by Landlord, but subject to the applicable provisions of this Lease, it is understood that in its sole discretion Landlord Tenant shall have the right to change install said systems in the First Floor Mechanical Space or rooftop penthouse at no additional charge, and rearrange shall not be obligated to share in the common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use cost of or lease all or part thereof and to sell, lease or dedicate all or part thereof to public use; and further that Landlord, shall have such Shared Building Systems. Tenant reserves the right to make changes inreview contract bids for Shared Laboratory Systems and copies of maintenance records.
(d) Landlord, additions at Landlord’s cost and expense, shall modify the Building’s existing PH neutralization system for the dedicated sole use by Tenant. Landlord shall demise the PH neutralization system so that it is serving only the Premises, and deliver said system in good operating condition and repair not later than November 1, 2014. If Tenant determines no later than September 1, 2014 that the existing PH neutralization system is not suitable for Tenant’s use, then Landlord shall provide, at a cost not to and eliminations from exceed $100,000, an appropriately sized PH neutralization system for Tenant’s exclusive use, along with a dedicated space for the Building and other structures and improvements new system in the Office Park or on First Floor Mechanical Space.
(e) Landlord shall provide dedicated space in the Site, the Premises excepted; provided however that Tenant, its employees, agents, clients, customersFirst Floor Mechanical Space, and invitees Tenant shall at all times have reasonable access be permitted to the Building and Premisesinstall within such space, an appropriately sized RODI system for Tenant’s exclusive use.
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Landlord’s Reservations. (a) The Landlord reserves the right from time to time, without unreasonable interference with the Tenant’s useuse and with written notice to Tenant, and provided the Number of Parking Spaces allocated to Tenant shall not be reduced except in accordance with Section 2.2.1, above: emergencies (aincluding the specialized needs of Tenant’s operations which Landlord hereby acknowledges): (i) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixturesfixtures and equipment, wherever located in the Premises or the Building, and (ii) to alter or relocate any other common facility, provided that substitutions are substantially equivalent or better for Tenant’s use of the Premises consistent with the Permitted Uses.
(b) Tenant acknowledges that the Park is comprised of several buildings, including the Building and both life science/office buildings (“Commercial Buildings”) and residential buildings (“Residential Buildings”), together with common and publicly accessible landscaped areas, service drives, and sidewalks. Landlord has established a common scheme for the operation and maintenance of the Park to performwhich this Lease and the other leases of space in the Park are subject pursuant to a legal instrument entitled the “Declaration of Covenants,” provided, however, that the terms and conditions of the Declaration of Covenants shall not diminish in any material and adverse manner any of Tenant’s rights and benefits with respect to the Premises, or cause materially and adversely increase any of Tenant’s obligations. Each Commercial Building, and certain of the Residential Buildings, are subject to the Declaration of Covenants, and contribute to the costs and expenses to be performedshared thereunder. However, construction in Landlord and Tenant recognize that Residential Buildings may not contribute to such costs and expenses, and therefore, it is agreed that allocation of costs and expenses payable under the common areas Declaration of Covenants among the building owners, the Building’s allocable share of which are Operating Expenses under this Lease, shall be based on an aggregation of all such costs and facilities or other leased areas expenses, less whatever contributions can be collected from the Residential Buildings, and allocated to the Building based on the Property or in the Office Park and (c) to reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature a numerator comprised of the common areas and facilities and other tenancies and premises on the Property or in the Office Park, to create additional total rentable areas through use or enclosure of common areas, and to dedicate roads within the Office Park for public use. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls and the denominator of which is the total rentable area of all of the Premises. In performing any non-emergency work pursuant Commercial Buildings in existence from time to this Section 2.3time, or by such other method as Landlord shall take reasonable steps to minimize interference with Tenant’s operations in the Premises. Landlord reserves and excepts for its benefit all rights of ownership and use in all respects outside the Premises, including without limitation, the Building and all other structures and improvements and parking areas and common areas in the Office Park or on the Site. Without limitation of the foregoing reservation of rights by Landlord, but subject to the applicable provisions of this Lease, it is understood that in its sole discretion Landlord shall have the right to change and rearrange the common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of or lease all or part thereof and to sell, lease or dedicate all or part thereof to public use; and further that Landlord, shall have the right to make changes in, additions to and eliminations from the Building and other structures and improvements in the Office Park or on the Site, the Premises excepted; provided however that Tenant, its employees, agents, clients, customers, and invitees shall at all times have reasonable access to the Building and Premisesmay reasonably determine.
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Landlord’s Reservations. (a) Landlord reserves the right from time to time, without unreasonable interference with the Tenant’s use's use and with written notice to Tenant, and provided the Number of Parking Spaces allocated to Tenant shall not be reduced except in accordance with Section 2.2.1, above: emergencies (aincluding the specialized needs of Tenant's operations which Landlord hereby acknowledges): (i) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixturesfixtures and equipment, wherever located in the Premises or the Building, provided that the usable area of the Premises is not materially reduced, and (ii) to alter or relocate any other common facility, provided that substitutions are substantially equivalent or better for Tenant’s use of the Premises consistent with the Permitted Uses.
(b) Tenant acknowledges that the Park is comprised of several buildings, including the Building and both life science/office buildings (“Commercial Buildings”) and residential buildings (“Residential Buildings”), together with common and publicly accessible landscaped areas, service drives, and sidewalks. Landlord has established a common scheme for the operation and maintenance of the Park to performwhich this Lease and the other leases of space in the Park are subject pursuant to a legal instrument entitled the “Declaration of Covenants,” provided, however, that the terms and conditions of the Declaration of Covenants shall not diminish in any material and adverse manner any of Tenant’s rights and benefits with respect to the Premises, or cause materially and adversely increase any of Tenant’s obligations. Each Commercial Building, and certain of the Residential Buildings, are subject to the Declaration of Covenants, and contribute to the costs and expenses to be performedshared thereunder. However, construction in Landlord and Tenant recognize that Residential Buildings may not contribute to such costs and expenses, and therefore, it is agreed that allocation of costs and expenses payable under the common areas Declaration of Covenants among the building owners, the Building’s allocable share of which are Operating Expenses under this Lease, shall be based on an aggregation of all such costs and facilities or other leased areas expenses, less whatever contributions can be collected from the Residential Buildings, and allocated to the Building based on the Property or in the Office Park and (c) to reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature a numerator comprised of the common areas and facilities and other tenancies and premises on the Property or in the Office Park, to create additional total rentable areas through use or enclosure of common areas, and to dedicate roads within the Office Park for public use. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls and the denominator of which is the total rentable area of all of the Premises. In performing any non-emergency work pursuant Commercial Buildings in existence from time to this Section 2.3time, or by such other method as Landlord shall take reasonable steps to minimize interference with Tenant’s operations in the Premises. Landlord reserves and excepts for its benefit all rights of ownership and use in all respects outside the Premises, including without limitation, the Building and all other structures and improvements and parking areas and common areas in the Office Park or on the Site. Without limitation of the foregoing reservation of rights by Landlord, but subject to the applicable provisions of this Lease, it is understood that in its sole discretion Landlord shall have the right to change and rearrange the common areas, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of or lease all or part thereof and to sell, lease or dedicate all or part thereof to public use; and further that Landlord, shall have the right to make changes in, additions to and eliminations from the Building and other structures and improvements in the Office Park or on the Site, the Premises excepted; provided however that Tenant, its employees, agents, clients, customers, and invitees shall at all times have reasonable access to the Building and Premisesmay reasonably determine.
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Landlord’s Reservations. Landlord reserves the right from time to time, without unreasonable interference with Tenant’s use, and provided the Number of Parking Spaces allocated to Tenant shall not be reduced except in accordance with Section 2.2.1, above: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to perform, or cause to be performed, construction in the common areas and facilities or other leased areas on the Property or in the Office Park and (c) to reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas and facilities and other tenancies and premises on the Property or in the Office Park, to create additional rentable areas through use or enclosure of common areas, and to dedicate roads within the Office Park for public use. Installations, replacements and relocations referred to in clause (a) above shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises. In performing any non-emergency work pursuant to this Section 2.3, Landlord shall take reasonable steps to minimize interference with Tenant’s operations retain absolute dominion and control over the Common Area and shall operate and maintain the Common Area in the Premises. such manner as Landlord reserves and excepts for its benefit all rights of ownership and use in all respects outside the Premises, including without limitation, the Building and all other structures and improvements and parking areas and common areas in the Office Park or on the Site. Without limitation of the foregoing reservation of rights by Landlord, but subject to the applicable provisions of this Lease, it is understood that in its sole discretion discretion, shall determine; provided however, such exclusive right shall not operate to (i) prohibit Tenant from its material benefit and enjoyment of the Premises for the Permitted Use as defined in Section 1.7; or (ii) materially affect Tenant’s rights under this Lease. Tenant acknowledges that without advance notice to Tenant and without any liability to Tenant in any respect, Landlord shall have the right to change and rearrange (a) Temporarily close any of the common areasCommon Area for maintenance, to change, relocate and eliminate facilities therein, to erect new buildings thereon, to permit the use of alteration or lease all or part thereof and to sell, lease or dedicate all or part thereof to public useimprovement purposes; and further that (b) Change, alter, add to, temporarily close or otherwise affect the Parking Facilities or the Parking Space Allocation (provided, however, any Landlord reduction of the Parking Space Allocation must be temporary in nature and reasonably necessary in order to allow Landlord the opportunity to repair, repave, restripe or otherwise operate and maintain the Parking Facilities) in such manner as Landlord, shall have in its sole discretion, deems appropriate including, without limitation, the right to make changes indesignate reserved spaces available only for use by one or more tenants (however, additions in such event, those parking spaces shall still be deemed Common Area for the purpose of the definition of Operating Expenses), provided that, except in emergency situations or situations beyond Landlord’s control, Landlord shall provide alternative Parking Facilities (and transportation to and eliminations from the Building and other structures and improvements in the Office Park or on the Site, such alternative Parking Facilities if reasonably necessary) within a five (5) mile radius of the Premises excepted; provided however that at no additional charge to Tenant. In addition to the other rights of Landlord under this Lease, Landlord further reserves to itself and its employees, agents, clients, customers, respective successors and invitees shall at all times have reasonable access assigns the right to use Tenant’s name and the rentable square feet of the Premises in promotional materials relating to the Building and or the Project; provided, however, Landlord shall not use Tenant’s name or the square footage of the Premises in any media promotions without first obtaining the prior written consent of Tenant. Landlord may exercise any or all of the foregoing rights without being deemed to be guilty of an eviction, actual or constructive, or a disturbance or interruption of the business of Tenant or Tenant’s use or occupancy of the Premises.
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Samples: Commercial Office Lease (Wells Real Estate Investment Trust Ii Inc)