Lease Grant. 2.1 In consideration of the Rent (as hereinafter defined) to be paid and the other covenants and agreements to be performed by Tenant, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein. 2.2 If this Lease is executed before the Premises become vacant, or otherwise available-for occupancy, or if any tenant-or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-prior to the Commencement Date, or if-Landlord, for any reason whatsoever, cannot deliver possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has accepted the same as suitable for the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlord.
Appears in 3 contracts
Samples: Office Building Lease Agreement (Local Matters Inc.), Office Building Lease Agreement (Local Matters Inc.), Office Building Lease Agreement (Local Matters Inc.)
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms and conditions herein stated, Landlord does hereby lease, demise lease and let unto Tenant the Premises, shown in their “as is” condition on the plan attached hereto as Exhibit “A-l” and incorporated herein date hereof, unless Landlord is required by referencethe terms of this Lease to perform any work to prepare the Premises for Tenant’s occupancy, commencing on the Commencement Date (as may be adjusted as hereinafter provided) and ending on the last day of the Lease TermExpiration Date, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-the Premises prior to the Commencement Date, Date of this Lease or if-Landlord, cannot tender possession to Tenant for any reason whatsoeverreason, canexcept as shall result from any act or omission of Tenant or its agents or employees (in which event the Commencement Date will not deliver be changed and Rental will not be waived), Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the Premises to-Tenant,- at such time as Landlord is able to tender the same in accordance with the terms of this Lease Agreement, such date shall be deemed to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-Lease shall not be void or voidable, nor shall-Landlord-be liable to Tenant continue for any loss or-damage-resulting therefromthe term specified in Paragraph 1 (d) hereof, and Tenant shall accept-Landlord hereby waives the Monthly Rental Payments or portion(s) thereof for such period prior to the tendering of possession of the Premises when-Landlord-is-able-to tender Tenant. Should Tenant occupy the same. If Landlord shall be delayed-Premises prior to the Commencement Date specified in substantially completing the Premises-as a-result of Paragraph 1 (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”d), the scheduled Commencement Date shall not fee-postponedbe altered to coincide with said occupancy, and however, the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) Expiration Date shall commence as of-the-scheduled-Commencement-Dateremain unchanged. The taking of possession of all possession, or any portion of the-the occupying or assuming control over the Premises by Tenant shall be deemed proof conclusive evidence (i) that Tenant has accepted the same as Premises are suitable for the purposes-herein-purpose herein intended and-has acknowledged that-the-same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies Premises comply fully with Landlord’s covenants and obligations hereunderrelated thereto, except for “punchlist” items, if any, of which Tenant shall give Landlord written notice within twenty (20) days following such possession, occupancy or assumption of control; and (ii) that Tenant accepts the Building and the Land and each and every part and appurtenance thereof as being in a good and satisfactory condition, and acknowledges that same comply fully with Landlord’s covenants and obligations. Such document Notwithstanding the foregoing, Landlord and Tenant agree that Tenant may use the Expansion Premises between October 1, 2012 and March 31, 2014 (“Interim Use”) and such Interim Use shall not be in deemed as the form attached hereto as Exhibit “C” and incorporated herein-by reference. Commencement Date for Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-use of the document Expansion Premises nor shall such use be conclusive evidence (i) that the Expansion Premises are suitable for the purpose herein intended and that the Expansion Premises comply fully with Landlord’s covenants and obligations related thereto, except for “punchlist” items, if any, of which Tenant shall give Landlord written notice within twenty (20) days following such possession, occupancy or assumption of control; and (ii) that Tenant accepts the Expansion Premises and each and every part and appurtenance thereof as delivered by being in a good and satisfactory condition, and acknowledges that same comply fully with Landlord’s covenants and obligations. Tenant agrees to pay all utilities related to the Expansion Premises (on a prorated basis) that are directly attributable to Tenant’s Interim Use as well as all Additional Rent (on a prorated Basis) in accordance with this Lease. Tenant shall not be required to pay Basic Monthly Rental during such Interim Use period unless otherwise agreed to herein.
Appears in 3 contracts
Samples: Commercial Lease Agreement, Commercial Lease Agreement (Mavenir Systems Inc), Commercial Lease Agreement (Mavenir Systems Inc)
Lease Grant. 2.1 In consideration The Premises are hereby leased to Tenant from Landlord, together with the right to use any portions of the Rent Complex that are from time to time designated by Landlord for the common use of tenants and others, including, but not limited to (as hereinafter definedi) to be paid the common stairways and access ways, lobbies, hallways, entrances, stairs, elevators and any passageways thereto, toilets, refuse facilities, common pipes, ducts, conduits, wires, and other areas or facilities within the Building for the general use, convenience and benefit of Tenant and other covenants tenants and agreements to be performed by Tenant, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day occupants of the Lease TermBuilding; and (ii) the common walkways, unless sooner terminated as herein provided. No easement for lightsidewalks, air or view is grantedlandscaping, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-for occupancy, or if any tenant-or occupant of the Premises holds over, parking spaces and Landlord cannot acquire possession of the-Premises-prior to the Commencement Date, or if-Landlord, for any reason whatsoever, cannot deliver possession of the Premises to-Tenant,- driveways and loading docks associated with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” Building, full service cafeteria, fitness center, lockers and incorporated-herein by reference showers, common executive conference center, training room and dry cleaning service (collectively, the “Work LetterCommon Areas”), substantially complete,-on subject to the scheduled Commencement Dateright of Landlord to make such changes in or to the Building and/or Complex and the fixtures and equipment thereof, this Lease-shall as well as in or to the street entrances, halls, passages, elevators, stairways and other improvements thereof, as Landlord may deem necessary or desirable, so long as the same does not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) materially adversely affect Tenant’s request for materials other than Landlord’s standard, access to or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has accepted the same as suitable for the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery use of the Premises and Landlord takes commercially reasonable efforts to minimize any disruption to Tenant caused by such changes. The Tenant shall also have the right to use the telephone and electrical closets and appurtenant equipment which serve the Premises and other premises in the Building; provided the right to access such closets and equipment shall be under the supervision of the Landlord and upon such rules and regulations as the Landlord shall designate, including approval of any vendors which may require access to connect the equipment servicing the Tenant’s Premises. Landlord may adopt any name for the Building and/or Complex and Landlord reserves the right to change the name or address of the Building at any time. Landlord and Tenant acknowledge that the condition Premises are in a Building and Complex which are not open to the general public. Access to the Building or Complex is restricted to Landlord, Tenant, their agents, employees and contractors and to their invited visitors. In the event of a labor dispute including a strike, picketing, informational or associational activities directed at Tenant or any other tenant, Landlord reserves the right unilaterally to alter Tenant’s ingress and egress to the Building or Complex or make any other change in operating conditions to restrict pedestrian, vehicular or delivery ingress and egress to a particular location. The foregoing notwithstanding, Tenant shall have access to and use of the PremisesPremises twenty-complies with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” four (24) hours per day and incorporated hereinthree hundred sixty-by reference. Tenant’s failure to execute and return said document within the aforesaid ten five (10365) -day period shall constitute an acceptance-of the document as delivered by Landlorddays per year.
Appears in 2 contracts
Samples: Office Lease Agreement (Marlborough Software Development Holdings Inc.), Office Lease Agreement (Bitstream Inc)
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premisespremises, shown as defined in the Basic Lease Information and generally outlined on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of the Lease Termlease term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease lease is executed before the Premises premises become vacant, or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises premises holds over, and Landlord cannot acquire possession of the-Premises-the premises prior to the Commencement DateDate of this lease, or if-LandlordLandlord shall not be deemed to be in default hereunder, for any reason whatsoever, cannot deliver and Tenant agrees to accept possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto premises on such date as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-Landlord is able to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises which shall be deemed proof that to be the Commencement Date of this lease for all purposes, and this lease shall continue for the lease term specified in the Basic Lease Information. By occupying the premises, Tenant has shall be deemed to have accepted the same as suitable for the purposes-herein-purpose herein intended and-has and to have acknowledged that-the-that the same comply with-fully with Landlord’s obligations, subject only to a notwithstanding that certain “punch list of list” type items to be-may not have been completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-Within ten (10) days after a written request of Landlord, if Landlord makes such a request, Tenant shall give-agrees to give Landlord a document-letter confirming the-the Commencement Date, Date and certifying that Tenant-Tenant has accepted delivery of the Premises premises and that the condition of the Premises-premises complies with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlord.
Appears in 2 contracts
Samples: Office Building Lease Agreement, Office Building Lease Agreement (Rackspace Inc)
Lease Grant. 2.1 In consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms hereinafter stated, Landlord hereby leases the Premises to Tenant, Landlord does and Tenant hereby leaseleases the Premises from Landlord, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of for the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises holds over, and as a result of which Landlord cannot acquire possession of the-Premises-prior the Premises sufficiently in advance of the target Commencement Date to allow for completion of the Tenant's Work, or if for any other reason the Premises have not been Substantially Completed by the target Commencement Date, Landlord shall not be deemed to be in default hereunder or if-Landlord, have any liability to Tenant for any reason whatsoeverresulting loss, cannot deliver damage or inconvenience; nor shall this Lease be void or voidable. Tenant agrees to accept possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto at such time as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-Landlord is able to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises on such date Tenant shall be deemed proof that Tenant has to have accepted the same as suitable for the purposes-herein-purposes herein intended and-has and to have acknowledged that-the-that the same comply with-fully with Landlord’s 's obligations, subject only . Tenant agrees to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-give Landlord a document-document confirming the-the Commencement Date, Date and certifying that Tenant-Tenant has accepted delivery of the Premises and that the condition of the Premises-Premises complies with Landlord’s 's obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and "B", by this reference incorporated herein-by reference. The failure of Landlord to request the execution of such agreement, or Tenant’s 's failure to execute and return said document within such agreement, shall not affect the aforesaid ten (10) -day period shall constitute an acceptance-determination of the document as delivered by LandlordCommencement Date.
Appears in 2 contracts
Samples: Lease Agreement (Accord Networks LTD), Lease Agreement (Accord Networks LTD)
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms and conditions hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, Premises commencing on the Commencement Date as defined in Section 1(e) hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Term, unless sooner terminated or extended, as herein hereinafter provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before Landlord agrees to deliver the Premises become vacantin its “as is” condition to Tenant on the Delivery Date, or otherwise available-for occupancy, or if any tenant-or occupant fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises holds overto Tenant in fully vacated and “broom clean” condition, and the date provided for in Section 1(e) shall be extended one (1) day. Landlord cannot acquire possession of the-Premises-agrees that Tenant may occupy the Premises prior to the Commencement Date, or if-Landlord, Date for any reason whatsoever, cannot deliver possession the purpose of constructing the Premises to-Tenant,- with the to be installed-or constructed Tenant Improvements pursuant to the Work Letter Agreement attached hereto as Exhibit “E” without payment of Rent but otherwise in accordance with the terms and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, conditions of this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession . By commencing construction of the Premises when-Landlord-is-able-to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standardTenant Improvements, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has to have accepted the same as suitable for the purposes-herein-purposes herein intended and-has and to have acknowledged that-the-that the same comply with-fully with Landlord’s obligationscovenants and obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, subject only to a punch list of items to be-completedTenant shall, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-within ten (10) days after request of from Landlord, if Landlord makes such a request, Tenant shall give-execute and deliver to Landlord a document-confirming the-letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that Expiration Date, the condition size of the Premises-complies with Landlord’s obligations hereunder. Such document shall be in , the form attached hereto as Exhibit “C” Basic Rent and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by LandlordProrata Share.
Appears in 2 contracts
Samples: Sublease (Encore Capital Group Inc), Sublease (Encore Capital Group Inc)
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, Premises commencing on the first to occur of (i) the date upon which Tenant occupies the Premises, or (ii) the first day following the date upon which the Premises are substantially complete (as defined in paragraph 7 of Exhibit H) and ready for occupancy (the “Commencement Date Date”) and ending on the last day of the Lease Term, Term unless sooner terminated as herein provided. No easement for lightLandlord and Tenant estimate that the Commencement Date will be on or before September 30, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-for occupancy, or if any tenant-or occupant 2004 (“Estimated Commencement Date”). Tenant acknowledges that its lease of the Premises holds over, and Landlord cannot acquire possession of the-Premises-prior is subject to the Commencement Date, or if-Landlordexceptions shown on Exhibit B attached hereto. If the Premises are not available and ready for occupancy, for any reason whatsoever, canprior to the Estimated Commencement Date, Landlord shall not deliver be deemed to be in default hereunder, and Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof, except as set forth in this paragraph 2, and Tenant agrees to accept possession of the Premises to-Tenant,- with at such time as Landlord is able to tender the same substantially completed and this Lease shall continue for the Lease Term specified in the Basic Lease Information. In the event the Tenant Improvements (as defined in paragraph 2 of Exhibit H) are not substantially complete (as defined in paragraph 7 of Exhibit H) as to be installed-all of the Premises on September 30, 2004 for any reason other than a delay caused by any act or constructed pursuant omission of Tenant or its agents, employees, or contractors (including, without limitation, requests for change orders), then Tenant shall have the right and option to occupy such portion of the Work Letter Agreement attached hereto Premises as Exhibit are then substantially complete and to pay pro rata rent therefore, or Tenant may elect to defer its occupancy of the Premises until all of the Premises are substantially complete. If the Premises are not substantially complete by November 1, 2004 (“E” and incorporated-herein by reference (the “Work LetterOutside Completion Date”), substantially complete,-on then Tenant shall be entitled to furnish to Landlord evidence of any contractually obligated sums in excess of Tenant’s normal rent for its prior premises which Tenant has had to pay its prior landlord for holding over of Tenant’s prior premises and Landlord shall credit any such sum against the scheduled Commencement Date, first installment(s) of Base Rent due Landlord under this Lease-shall not be void or voidable, nor shall-. Landlord-be liable ’s liability for credit to Tenant for any loss orunder the foregoing sentence shall be waived on a day-damagefor-resulting therefrom, and day basis in the event Tenant shall accept-possession of the Premises when-Landlord-is-able-to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other take more than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has accepted the same as suitable for the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request to approve Working Drawings (as defined in Exhibit H hereto). By occupying a portion of Landlord, if Landlord makes such a requestthe Premises, Tenant shall give-be deemed to have accepted such portion of the Premises so occupied as suitable for the purpose herein intended and to have acknowledged that the same comply fully with Landlord’s obligations, notwithstanding that certain “punch list” type items may not have been completed. Upon Tenant’s acceptance of delivery of the Premises, within five (5) days after Tenant’s receipt of a request from Landlord, Tenant agrees to give Landlord a document-letter confirming the-the Commencement Date, Date and certifying that Tenant-Tenant has accepted delivery of the Premises and that the condition of the Premises-Premises complies with Landlord’s obligations hereunder. Such document shall acknowledgment will be in substantially the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlord.K.
Appears in 2 contracts
Samples: Office Building Lease Agreement, Office Building Lease Agreement (Rackspace Inc)
Lease Grant. 2.1 In consideration of the Rent (as hereinafter defined) to be paid and the other covenants and agreements to be performed by Tenant, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-for occupancy, or if any tenant-or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-prior to Before the Commencement Date, or if-Landlord, for any reason whatsoever, cannot deliver possession Landlord shall construct the Building and install in the First Portion of the Premises to-Tenant,- with the items to be installed-constructed or constructed installed by Landlord pursuant to the provisions of the Work Letter Agreement attached hereto as Exhibit “E” "C" hereto. On or before September 1, 2003, Landlord shall construct and incorporated-herein install in the Second Portion of the Premises the items to be constructed or installed by reference (Landlord pursuant to the “provisions of the Work Letter”), substantially complete,-on Letter Agreement. If for any reason Landlord cannot deliver the scheduled First Portion of the Premises to Tenant by the Commencement Date, this Lease-lease shall not be void or voidable, nor shall-Landlord-and Landlord shall not be liable to Tenant for any loss or-damage-or damage resulting therefrom, except that the rent payable under Paragraph 1(f) hereof shall be waived for the period between the Commencement Date and the date on which Landlord can deliver possession. If for any reason Landlord cannot deliver the Second Portion of the Premises to Tenant by September 1, 2003, this Lease shall accept-not be void or voidable, and Landlord shall not be liable for any loss or damage resulting therefrom, except that the rent payable under Paragraph 1(f) hereof applicable to the Second Portion shall be waived for the period between September 1, 2003, and the date on which Landlord can deliver possession of the Second Portion. No delay in the delivery of possession shall extend the lease term. Tenant may not enter or occupy the pertinent portion of the Premises when-until such Portion of the Premises is tendered by Landlord-is-able-, unless Tenant's entry relates to tender the sameconstruction work therein. If for any reason the First Portion of the Premises is not ready for occupancy on or before May 1, 2002, Tenant may, at its option, cancel and terminate this lease by written notice to Landlord delivered on or before May 15, 2002, in which event neither party shall have any further rights or obligations hereunder, except that Landlord will pay back to Tenant the "Prepaid Rent" (hereinafter defined). Any entry of the Premises before the date specified in this Paragraph 2 may be made only with Landlord's written consent. The Premises shall be delayed-in substantially completing the Premises-as a-result of deemed completed and possession delivered upon (i) Tenant’s request for materials other than Landlord’s standardcompletion of the items to be constructed and installed by Landlord pursuant to the provisions of the Work Letter Agreement attached as Exhibit "C", or and (ii) Tenant’s-changes in the approved plansinsurance of a certificate of occupancy by the City of Xxxxxxxxxx (collectively "Substantial Completion") other than completion of minor finish items, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “if any, which do not materially interfere with Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date's occupancy. The Upon taking of possession of all or any portion of the-Premises the Premises, Tenant shall be deemed proof that Tenant has to have accepted the same such as suitable for its purposes and shall be deemed to have waived any defects in the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligationsPremises and in the Building, subject only to a except for the completion of any minor finish items which do not materially interfere with Tenant's occupancy (the "punch list items"). Tenant shall have a period of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten thirty (1030) days after request from the date of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery actual occupancy of the Premises to compile and that deliver to Landlord the condition punch list items which Landlord agrees to use its reasonable efforts to complete or correct within ninety (90) days of the Premises-complies with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference. receipt of said list from Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlord.
Appears in 1 contract
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premisespremises, shown as defined in the Basic Lease Information and generally outlined on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of the Lease Termlease term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease lease is executed before the Premises premises become vacant, or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises premises holds over, and Landlord cannot acquire possession of the-Premises-the premises prior to the Commencement DateDate of this lease, or if-LandlordLandlord shall not be deemed to be in default hereunder, for any reason whatsoever, cannot deliver and Tenant agrees to accept possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto premises on such date as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-Landlord is able to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises which shall be deemed proof that to be the Commencement Date of this lease for all purposes, and this lease shall continue for the lease term specified in the Basic Lease Information. By occupying the premises, Tenant has shall be deemed to have accepted the same as suitable for the purposes-herein-purpose herein intended and-has and to have acknowledged that-the-that the same comply with-fully with Landlord’s 's obligations, subject only to a notwithstanding that certain "punch list of list" type items to be-may not have been completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-Within ten (10) days after a written request of Landlord, if Landlord makes such a request, Tenant shall give-agrees to give Landlord a document-letter confirming the-the Commencement Date, Date and certifying that Tenant-Tenant has accepted delivery of the Premises premises and that the condition of the Premises-premises complies with Landlord’s 's obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlord.
Appears in 1 contract
Samples: Office Building Lease Agreement (Rackspace Com Inc)
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms and conditions hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto Premises (as Exhibit “A-l” and incorporated herein by reference, defined in paragraph 1(d) hereof) commencing on the Commencement Date (as defined in paragraph 1(e) hereof or as adjusted as hereinafter provided) and ending on the last day of the Lease Termterm, unless sooner terminated as herein provided. No easement for lightIn the event the Premises are occupied by Tenant prior to the stated date, air or view is granted, given or implied herein.
2.2 the Commencement Date shall be the date such occupancy commenced. If this Lease is executed before the Premises become vacant, or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-the Premises prior to the Commencement DateDate of the Lease, or if-LandlordLandlord shall not be deemed to be in default hereunder, for any reason whatsoever, cannot deliver the Tenant agrees to accept possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto at such time as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-Landlord is able to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, same and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises such date shall be deemed proof that to be the Commencement Date and this Lease shall continue for the Lease term described in paragraph 1(e) hereof. By occupying the Premises, Tenant has shall be deemed to have accepted the same as suitable for the purposes-herein-purpose herein intended and-has and to have acknowledged that-the-that the same comply with-fully with Landlord’s 's covenants and obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlordexcept for punchlist items.
Appears in 1 contract
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, Premises commencing on the first to occur of (i) the date upon which Tenant occupies any portion of the Premises for the conduct of Tenant’s business operations, or (ii) sixty (60) days following the date upon which Landlord delivers possession of the Premises to Tenant for construction of its Tenant improvements (as described in EXHIBIT D) (the “Commencement Date Date”) and ending on the last day of the Lease Term, Term unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-for occupancy, or if any tenant-or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-prior agrees to the Commencement Date, or if-Landlord, for any reason whatsoever, cannot deliver to Tenant possession of the Premises to-Tenant,- in accordance with the to be installed-or constructed pursuant to the Work Letter Agreement Base Building Specifications attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has accepted the same as suitable for the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-D-1 within ten (10) days after request this Lease has been fully executed by the parties (the “Delivery Date”). If the Premises are not delivered to Tenant within said time period, for any reason whatsoever other than the failure of LandlordLandlord to deliver possession even though the Premises are available, Landlord shall not be deemed to be in default hereunder, and Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same and this Lease shall continue for the lease Term specified in the Basic Lease Information. Notwithstanding the foregoing, if Landlord makes has not delivered possession of the Premises to Tenant within (i) 30 days after this Lease has been fully executed by the parties, then the Rent Commencement Date (defined below) shall be delayed one (1) day for each day past such 30th day on which such delivery occurs; and (ii) 60 days after this Lease has been fully executed by the parties, then Tenant, in addition to any other rights and remedies available at law or in equity, shall have the right to terminate this Lease upon notice to Landlord (so long as such notice is received by Landlord prior to delivery of possession of the Premises to Tenant), in which case any prepaid Rent, Security Deposit and other sums paid by Tenant to Landlord will be immediately refunded by Landlord to Tenant. Within fifteen (15) days after Tenant’s receipt of a requestrequest from Landlord, Tenant shall give-agrees to give Landlord a document-letter confirming the-the Commencement Date, Date and certifying that Tenant-Tenant has accepted delivery of the Premises and that the condition of the Premises-Premises complies with Landlord’s obligations hereunder. Such document shall be in , except with respect to latent defects of which Tenant discovers and delivers notice to Landlord within one (1) year after occupying the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by LandlordPremises.
Appears in 1 contract
Samples: Office Building Lease Agreement (Advanced Semiconductor Engineering Inc)
Lease Grant. Section 2.1 In Premises, Landlord, in consideration of the Rent (as hereinafter defined) Basic Rental to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms and conditions hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, Premises commencing on the Commencement Date (as defined in Article I(d) hereof), or as adjusted as hereinafter provided) and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for lightProvided all plans and specifications are prepared, air or view is grantedreviewed and approved in a manner so as not to delay Landlord's completion of the Leasehold Improvements (as defined in Section 3.2 hereof), given or implied herein.
2.2 If this Lease is executed before Landlord anticipates that the Premises become vacantwill be available and ready for occupancy on or about May 1, or otherwise available-for occupancy, or if any tenant-or occupant of 2002. If the Premises holds overare not available and ready for occupancy by May 1, 2002, then Landlord shall not be deemed to be in default hereunder, and Landlord cannot acquire possession of the-Premises-prior Tenant agrees to the Commencement Date, or if-Landlord, for any reason whatsoever, cannot deliver accept possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto at such time as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request are available and ready for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, occupancy and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises such date shall be deemed proof to be the Commencement Date. If the Leasehold Improvements have not been substantially completed by June 15, 2002 (the "Outside Completion Date "), then, as Tenant's sole recourse, the Abatement Period (as defined in Section 4.1 hereof) shall be extended one (1) day foreach day beyond the Outside Completion Date that the Leasehold Improvements have not been substantially completed; provided, however, if delay is caused or contributed to by act or neglect of Tenant has accepted or those acting for or under Tenant (hereinafter referred to as a "Tenant Delay "), labor disputes, casualties, acts of God or the same as suitable public enemy, governmental embargo restrictions, shortages of fuel, labor, or building materials, action or non-action of public utilities, or of local, state or federal governments affecting the work, or other causes beyond Landlord's reasonable control, then the Outside Completion Date shall be extended for the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligationsadditional time caused by such delay. Such delays are each hereinafter referred to as an "Excused Delay. " In order for Landlord to claim an Excused Delay, subject only to a punch list Landlord must provide Tenant written notice of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-such claim within ten (10) days after Landlord becomes aware of such delay. Landlord hereby waives payment of Basic Rental and other payments to be made by Tenant hereunder covering any period prior to the date the Premises are available and ready for occupancy, all of which shall only commence upon the Commencement Date; however, should Tenant occupy the Premises prior to the Commencement Date specified in Article I(d) hereof, the Commencement Date and Lease Term shall be altered to coincide with said occupancy with the Expiration Date of this Lease remaining unchanged. For the purpose hereof, the Premises shall be deemed "available and ready for occupancy " at such time as Landlord has substantially completed the construction or installation of any Leasehold Improvements (as defined in Section 3.2 hereof), if any, required to be completed by Landlord pursuant to Section 3.2 of this Lease to the extent reasonably necessary so as to allow Tenant to occupy the Premises and commence operations of its business therein, notwithstanding the fact that there may remain as incomplete certain minor, "punchlist " items which do not materially interfere with Tenant's intended use of the Premises; Landlord agrees to promptly attend to and complete the punchlist items in a good and workmanlike manner. The Leasehold Improvements shall be deemed to have been substantially completed when the following having occurred: (i) the issuance of a certificate of occupancy permitting Tenant to occupy the Premises (or the taking of such other action as may be customary to permit occupancy or use thereof); and (ii) the issuance of a certificate of substantial completion by Landlord's architect respecting the Leasehold Improvements; provided, however, if the failure to secure such certificates or of taking such other action is caused by the act, failure to act or neglect of Tenant, then the Leasehold Improvements shall be deemed substantially completed and available and ready for occupancy on the day when such certificates may have been issued or such other action may have been taken had it not been the act, failure to act or neglect of Tenant. By occupying the Premises, Tenant shall be deemed to have accepted the Leasehold Improvements as substantially completed, except for minor "punchlist " items. Tenant shall endeavor to provide landlord with a list of deficiencies in the construction of the Leasehold Improvements within thirty (30) days after it has taken possession of the Premises with all Leasehold Improvements substantially completed; provided, further that nothing herein shall reduce or impair Landlord's Construction Guaranty set form in Section 3.3 below. After the Commencement Date of this Lease, Tenant shall, upon request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall describe any deficiencies with respect to the Leasehold Improvements of which Tenant has actual knowledge and shall also state the Commencement Date and Expiration Date; provided, however, that Landlord also confirms to Tenant the Commencement and Expiration Dates. Tenant shall be allowed, no earlier than March 25, 2002 (without the requirement to pay Rent), and following two (2) days prior written notice to Landlord and subject to Landlord's reasonable approval, to store tile within the Premises provided that (i) Tenant has furnished to Landlord certificates of insurance evidencing the issuance of insurance as required by Tenant under Article XV hereof; and (ii) Tenant does not thereby interfere with the completion of construction of the Leasehold Improvements as a result of such installations. Tenant does hereby assume all risk of loss or damage to such machinery, equipment, fixtures and other personal property, and to indemnify, defend and hold harmless Landlord from any loss or damage to such machinery, equipment, fixtures and personal property, and all liability, loss or damage arising from any injury to the property of Landlord, if Landlord makes such a requestor its contractors, Tenant shall give-Landlord a document-confirming the-Commencement Datesubcontractors or materialmen, and certifying that Tenant-has accepted delivery any death or personal injury to any person or persons to the extent arising out of such installations. Any such use of the Premises is also subject to, and that the condition Tenant must comply with and observe, all applicable laws and all other terms and conditions of the Premises-complies with Landlord’s obligations hereunderthis Lease. Such document shall be In no event may Tenant conduct business in the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by LandlordPremises during such early access period.
Appears in 1 contract
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) Basic Rental to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms and conditions hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, Premises commencing on the Commencement Date (as defined in paragraph l[d] hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-are available and ready for occupancy, or if any tenant-or occupant of the Premises holds over, and Landlord cannot acquire deliver possession on the Commencement Date, then Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the-Premises-the Premises at such time as the Premises are available and ready for occupancy and such date shall be deemed to be the Commencement Date, and the Expiration Date set forth in paragraph l(d) hereof shall be extended for a period equal to the number of days that the Premises are not available and ready for occupancy beyond the Commencement Date specified in paragraph l(d) hereof plus the number of days necessary for the Lease Term to expire on the last day of a month; provided, however, that because of the damages Tenant will suffer as a result of not being able to take occupancy by February 1, 1995, including the holdover rent Tenant will be obligated to pay in connection with its current space, in the event the Premises are not available and ready for Initial: occupancy by February 1, 1995 (which date shall be extended by any delay caused or attributable to Tenant or by force majeure as provided in paragraph 27 hereof), Landlord agrees to pay Tenant, as liquidated damages and as Tenant’s sole remedy, the sum of $2,500.00 for each day from February 1, 1995 (as such date may be extended as provided above) that the Premises are not available and ready for occupancy. The amount due Tenant hereunder shall be credited to the next accruing installments(s) of Basic Rental hereunder. Landlord hereby waives payment of Basic Rental covering any period prior to the date the Premises are available and ready for occupancy; however, should Tenant occupy the entire Premises prior to the Commencement DateDate specified in paragraph l(d) hereof, or if-Landlord, for any reason whatsoever, cannot deliver possession the Commencement Date and Lease Term shall be altered to coincide with said occupancy with the Expiration Date of this Lease remaining unchanged. In the event Tenant should occupy a portion of the Premises to-Tenant,- with prior the date the entire Premises are available and ready for occupancy, Tenant shall pay to Landlord the pro rata portion of the full Basic Rental and Additional Rent based upon the area of the Building occupied by Tenant. For the purpose hereof, the Premises shall be deemed “available and ready for occupancy” at such time as Landlord has substantially completed the construction or installation of all tenant improvements required to be installed-or constructed completed by Landlord pursuant to paragraph 5 of this Lease to the Work Letter Agreement attached hereto extent reasonably necessary so as Exhibit to allow Tenant to occupy the Premises and commence operations of its business therein, notwithstanding the fact that there may remain as incomplete certain minor, “Epunchlist” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall items which do not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession materially interfere with Tenant’s intended use of the Premises when-Landlord-is-able-to tender the samePremises. If Landlord The improvements shall be delayed-in deemed to have been substantially completing completed upon the Premises-as a-result first to occur of (i) Tenant’s request for materials the issuance of a certificate of occupancy permitting Tenant to occupy the Premises (or the taking of such other than Landlord’s standard, action as may be customary to permit occupancy or use thereof); or (ii) Tenant’s-changes in the approved plansdate the Tenant occupies the Premises. By occupying the Premises, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has to have accepted the same as suitable for the purposes-herein-purposes herein intended and-has and to have acknowledged that-the-that the same comply with-fully with Landlord’s obligations, subject only to a covenants and obligations except for (A) any latent defects not discoverable upon inspection; and (B) any “punch list of list” items to be-completed, respecting the tenant improvements to be generated constructed by Landlord pursuant to paragraph 5 hereof, which are identified by Tenant in writing to Landlord within thirty (30) days following Tenant’s occupancy of the architect Premises. Landlord hereby expressly disclaims and Tenant hereby expressly waives any and all warranties or space planner-engaged under Exhibit “E” to representations, express or implied, concerning the suitability of the Premises for the intended commercial purpose of Tenant. After the Commencement Date of this Lease immediately prior to and the time completion of the tenant improvements in accordance with paragraph 5 of this Lease, Tenant takes occupancy-of-the-Premises. Within-ten (10) days after shall, upon request of from Landlord, if Landlord makes such a request, Tenant shall give-execute and deliver to Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted letter of acceptance of delivery of the Premises Premises, which letter shall also state the Commencement Date and that the condition of the Premises-complies with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by LandlordExpiration Date.
Appears in 1 contract
Samples: Industrial Lease Agreement (Collegiate Pacific Inc)
Lease Grant. 2.1 In Landlord, in consideration of of: (i) the Rent Basic Rental, (as hereinafter definedii) all other sums to be paid by Tenant under this Lease ("Additional Rental") and (iii) the other covenants and agreements to be performed by Tenant, Landlord does hereby leaseleases, demise demises and let unto lets to Tenant the Premises, shown Premises (as defined in paragraph 1(c)) on the plan attached hereto as Exhibit “A-l” terms and incorporated herein by reference, conditions stated in this Lease commencing on the Commencement Date commencement date (as defined in paragraph 1(d), or as adjusted as provided below) and ending on the last day of the Lease Termexpiration date, unless sooner terminated as herein providedprovided in this Lease. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-the Premises prior to the Commencement Datecommencement date of this Lease, or if-LandlordLandlord shall not be deemed to be in default hereunder, for any reason whatsoever, cannot deliver and Tenant agrees to accept possession of the Premises to-Tenant,- with at such time as Landlord is able to tender the same and such date shall be deemed to be installed-or constructed pursuant the commencement date and this Lease shall continue for the lease term described in paragraph 1(d) above. Landlord waives payment of rent covering any period prior to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-rendering of possession of the Premises when-Landlord-is-able-to tender the sameTenant. If Landlord Tenant occupies the Premises prior to the commencement date specified in paragraph l (d), the commencement date shall be delayed-in substantially completing altered to coincide with said occupancy and the ending date of the Lease remaining unchanged. Tenant is responsible for obtaining, at its expense, a certificate of occupancy for the Premises-as a-result . Tenant shall promptly apply for the certificate of occupancy and diligently pursue all necessary approvals required to occupy and use the Premises for the purpose set out in this Lease. By occupying the Premises, Tenant shall be deemed to have acknowledged that the Premises (i) are suitable for Tenant’s request for materials other than Landlord’s standard, or 's intended purpose (ii) Tenant’s-changes are in the approved plans, or-(iiigood operating condition and (iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has accepted the same as suitable for the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies fully with Landlord’s 's obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlordunder this Lease.
Appears in 1 contract
Samples: Lease Agreement (Ramp Corp)
Lease Grant. 2.1 In consideration of the Rent (as hereinafter defined) to be paid and the other covenants and agreements to be performed by Tenant, Landlord does hereby lease, demise and let unto Tenant Premises #1 [a portion of the Premisestenth (10th) floor], shown on the plan attached hereto as Exhibit “"A-l” " and incorporated herein by reference, commencing on the Commencement Date #1 and ending on the last day of the Lease Term, unless sooner terminated as herein provided. In addition, in consideration of the Rent (as hereinafter defined) to be paid and the other covenants and agreements to be performed by Tenant, Landlord does hereby lease, demise and let unto Tenant Premises #2 (a portion of the tenth (10th) floor], shown on the plan attached hereto as Exhibit "A" and incorporated herein by reference, commencing on Commencement Date #2 and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-available for occupancy, or if any tenant-tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-the Premises prior to the Commencement Datefull execution and delivery of the Lease by both parties Landlord shall not be in default hereunder, or if-and Tenant, provided Landlord shall have Substantially Completed Landlord's Work and Tenant Improvements in accordance with this Lease, for any reason whatsoever, cannot deliver shall accept possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-when Landlord is able to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises such date shall be deemed proof that to be the date Tenant has shall have accepted the same as suitable for the purposes-herein-purposes herein intended and-has and to have acknowledged that-the-that the same comply with-with Landlord’s 's obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-Within ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-give Landlord a document-document confirming the-Commencement DateDate #1 and Commencement Date #2, and certifying that Tenant-Tenant has accepted delivery of the Premises and that the condition of the Premises-Premises complies with Landlord’s 's obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and "B" by this reference incorporated herein-by reference. Tenant’s failure Notwithstanding anything to execute the contrary contained in any other Article of this Lease, Landlord shall deliver possession of Premises #2 to Tenant on or before ninety (90) days from the date that (i) Landlord and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-Tenant have approved of the document Working Drawings (as delivered defined in Exhibit "E"), (ii) Landlord has obtained permits to commence the Tenant Improvements (as defined in Exhibit "E") for Premises #2 and (iii) Tenant has received notice from Landlord that the Tenant Improvement Costs (as defined in Exhibit "E") do not exceed the Office Improvement Allowance (as defined in Exhibit "E"); however, in the event there is an excess, the date shall be the date that Tenant agrees to pay Landlord for the excess of the Tenant Improvement Costs over the Office Improvement Allowance (the "Outside Date"). If Landlord does not deliver possession of Premises #2 as required hereunder to Tenant on or before the Outside Date (except if Landlord's failure is due to a Tenant Delay or force majeure, in which case such Outside Date shall be extended one [11 day for each day of such Tenant Delay or force majeure), then the date Tenant begins to pay Base Rent for Premises #2 shall be postponed two (2) days for each day after the Outside Date that Landlord shall have failed to so deliver Premises #2 as required to Tenant. Notwithstanding anything to the contrary contained in any other Article of this Lease, Landlord shall deliver possession of Premises #1 to Tenant on or before ninety (90) days from the full execution and delivery of this Lease to Tenant or it's attorney (the "Outside Date"). If Landlord does not deliver possession of Premises #1 as required hereunder to Tenant on or before the Outside Date (except if Landlord's failure is due to a Tenant Delay or force majeure, in which case such Outside Date shall be extended one [1] day for each day of such Tenant Delay or force majeure), then the date Tenant begins to pay Base Rent for Premises #1 shall be postponed two (2) days for each day after the Outside Date that Landlord shall have failed to so deliver Premises #1 as required to Tenant. Notwithstanding anything to the contrary contained in the foregoing, in the event Landlord does not provide six hundred (600) amps of power to Premises #1 by LandlordJuly 15, 2000, Base Rent shall be tolled for Premises #1 until such time as said power is delivered.
Appears in 1 contract
Samples: Office Building Lease Agreement (Broadview Networks Holdings Inc)
Lease Grant. 2.1 In consideration of the Rent (as hereinafter defined) to be paid and the other covenants and agreements to be performed by Tenant, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the floor plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of the Lease TermExpiration Date, unless sooner terminated as herein provided. No easement for lightExhibit “A” sets forth the general layout of the Premises, air but shall not be deemed a warranty, representation or view is grantedagreement on the part of Landlord, given that all or implied hereinany part of the Premises is, will be, or will continue to be, configured as indicated thereon.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-available for occupancy, or if any tenant-tenant or occupant of the Premises holds over, and Landlord cannot acquire legal possession of the-Premises-the Premises prior to the Commencement Date, or if-LandlordLandlord shall not be in default hereunder, for any reason whatsoever, cannot deliver and Tenant shall accept possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-when Landlord is able to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises such date shall be deemed proof that to be the date Tenant has shall have accepted the same as suitable for the purposes-herein-purposes herein intended and-has and to have acknowledged that-the-that the same comply with-with Landlord’s obligations. If Landlord does not deliver possession of the Premises to Tenant on or before August 30, subject only 2005 (the “Outside Date”), then after Landlord’s receipt of written notice from Tenant to Landlord informing Landlord of such failure (the “Outside Date Notice”), Tenant shall receive one (1) day of free Base Rent for each day after the Outside Date that Landlord shall have failed to so deliver the Premises as required to Tenant, provided that (i) Tenant has complied with the terms and provisions of this Lease and (ii) Landlord’s failure to deliver the Premises by the Outside Date is not due to a punch list Tenant delay or force majeure (in which case such Outside Date shall be extended one [1] day for each day of items to be-completedsuch Tenant delay or force majeure).
2.3 In the event Section 1.7 herein does not set forth a date certain as the Commencement Date, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-then within ten (10) days after request of by Landlord, if Landlord makes such a request, Tenant shall give-give Landlord a document-document confirming the-the Commencement DateDate and, and to the extent applicable, certifying that Tenant-Tenant has accepted delivery of the Premises and that the condition of the Premises-Premises complies with Landlord’s obligations hereunder. Such document shall be in substantially the form attached hereto as Exhibit “CB” and such signed document shall be incorporated herein-by referencereference into this Lease. The failure of Tenant to timely execute said document shall not affect the Commencement Date and Tenant shall, in such case, hereby appoint Landlord as Tenant’s failure agent and attorney-in-fact to execute for the purpose of executing such document.
2.4 Notwithstanding anything to the contrary contained in this Lease, until Tenant has delivered to Landlord a certificate(s) of insurance evidencing strict compliance with all of the insurance procurement requirements required under Section 24 herein. Landlord shall have no obligation to deliver keys to the Premises and return said document Tenant shall not be entitled to access to the Premises, commence any work to the Premises or otherwise occupy the Premises for any reason, regardless of whether or not the Lease Term and/or Tenant’s obligation to pay Rent (hereinafter defined) has commenced.
2.5 No vaults, vault space or area, whether or not enclosed or covered, not within the aforesaid ten (10) -day period shall constitute an acceptance-property line of the document Building is leased hereunder, notwithstanding anything to the contrary contained in or indicated on any sketch, blueprint or floor plan, or anything contained elsewhere in this Lease. Landlord makes no representation as delivered to the location of the property line of the Building. All vaults and vault space and all such areas not within the property line of the Building, if any, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or required by Landlordany federal, state or municipal authority or public utility, Landlord shall not be subject to liability nor shall Tenant be entitled to any compensation or diminution or abatement of Rent, nor shall such relocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be paid by Tenant.
Appears in 1 contract
Samples: Sublease (Shutterstock, Inc.)
Lease Grant. 2.1 In consideration A. Subject to and upon the terms herein set forth, Landlord leases to Tenant and Tenant leases from Landlord the Premises on an “as is” basis (except as otherwise expressly set forth herein), together with the right, in common with others, to use the Common Areas. By taking possession of the Rent (as hereinafter defined) premises, Tenant is deemed to be paid and the other covenants and agreements to be performed by Tenant, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before have accepted the Premises become vacantand agrees that the Premises is in good order and satisfactory condition, with no representation or otherwise available-for occupancy, or if any tenant-or occupant warranty by Landlord as to the condition of the Premises holds overor the Building or suitability thereof for Tenant’s use.
B. If Tenant, and Landlord cannot acquire possession of the-Premises-with Landlord’s prior to the Commencement Datewritten approval, or if-Landlord, for any reason whatsoever, cannot deliver takes possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant prior to the Work Letter Agreement attached hereto as Exhibit “E” Possession Date for the sole purpose of performing any improvements therein or installing furniture, equipment or other personal property of Tenant, such possession shall be subject to all of the terms and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, conditions of this Lease-, except that Tenant shall not be void or voidablerequired to pay Rent (as herein defined) with respect to the period of time prior to the Possession Date during which Tenant performs such work. Tenant shall, nor shall-Landlord-however, be liable for the reasonable cost of any services (e.g. electricity, HVAC) that are provided to Tenant for any loss or-damage-resulting therefrom, during the period of Tenant’s possession prior to the Possession Date and Tenant shall accept-also have in full force and effect the insurance requirements prescribed in Section 13 hereinafter if Landlord allows Possession prior to the Possession Date. Nothing herein shall be constructed as granting Tenant the right to take possession of the Premises when-Landlord-is-able-to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has accepted the same as suitable for the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request Possession Date, whether for construction, fixturing or any other purpose, without the prior written consent of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlord.
Appears in 1 contract
Samples: Office Lease (SurgePays, Inc.)
Lease Grant. 2.1 (a) In consideration of the Rent (as hereinafter defined) to be paid and paid, the other covenants and agreements to be performed by TenantTxxxxx, Landlord and upon the terms hereinafter stated, Lxxxxxxx does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-for occupancy, or if any tenant-or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-prior to the Commencement Date, or if-Landlord, for any reason whatsoever, cannot deliver possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, b) By executing this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has to have accepted the same Premises and Building as suitable for the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premisespurpose herein intended. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of Txxxxx accepts the Premises and Building in "AS IS -WHERE IS" condition without any representations or warranties from Landlord. Accordingly, Tenant hereby waives any implied or express warranties of habitability, suitability, merchantability, quality, condition or fitness for a particular purpose with respect to the Premises and Building. Tenant has inspected the Premises and Building to the degree it deemed necessary and desirable and is thoroughly familiar with its condition. Tenant hereby accepts the Premises and Building as being in good and satisfactory condition and suitable for their intended commercial purpose. THE PROVISIONS OF THIS SECTION 2(b) HAVE BEEN NEGOTIATED AND ARE INTENDED TO BE A COMPLETE EXCLUSION, NEGATION AND DISCLAIMER BY LANDLORD OF ANY AND ALL WARRANTIES BY LANDLORD, EXPRESS OR IMPLIED, WHETHER ARISING PURSUANT TO THE UNIFORM COMMERCIAL CODE OR ANOTHER LAW NOW OR HEREAFTER IN EFFECT OR OTHERWISE. Notwithstanding the foregoing, within thirty (30) days of the Lease Date Landlord shall provide Tenant with a certificate from a licensed contractor stating that the condition of the Premises-complies with Landlord’s obligations hereunderroof and HVAC system are in good working order. Such document Should Landlord fail to do so, Landlord shall be in obligated to repair the form attached hereto as Exhibit “C” roof or HVAC system at its sole cost and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlordexpense.
Appears in 1 contract
Samples: Lease Agreement (Cellteck Inc.)
Lease Grant. 2.1 In consideration Upon the terms of the Rent (as hereinafter defined) to be paid and the other covenants and agreements to be performed by Tenantthis Lease, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-for occupancy, or if any tenant-or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-prior leases to the Commencement Date, or if-Landlord, for any reason whatsoever, cannot deliver possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefromTenant, and Tenant shall acceptleases from Landlord, the Premises and the non-possession exclusive right to use the Common Areas, subject to all of the terms and conditions of this Lease (including the Rules and Regulations). Notwithstanding the foregoing, Landlord and Tenant agree that Tenant will occupy the Premises when-Landlord-is-able-to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of three (3) stages and, therefore, (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in during the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”)Initial Stage, the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that to consist only of (and Tenant has accepted shall only be entitled to occupy) the same as suitable Initial Premises, (ii) during the Second Stage, the Premises shall be deemed to consist only of (and Tenant shall only be entitled to occupy) the Initial Premises and the Second Phase, and (iii) during the Final Stage, the Premises shall be deemed to consist of (and Tenant shall be entitled to occupy) the entire Premises upon terms and conditions set forth in this Lease. Landlord shall deliver the Second Phase of the Premises to Tenant upon the earlier to occur of: (i) the commencement of the Second Stage of occupancy; and (ii) the date Tenant actually occupies the Second Phase (with Landlord agreeing to make the Second Phase available for early occupancy). Landlord shall deliver the purposes-herein-intended and-has acknowledged that-the-same comply with-Final Phase of the Premises to Tenant upon the earlier to occur of: (i) the commencement of the Final Stage of occupancy; and (ii) the date Tenant actually occupies the Final Phase (with Landlord agreeing to make the Final Phase available for early occupancy). Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior 's delivery obligations with respect to the Second Phase and the Final Phase shall be satisfied at such time as the Initial Improvements are Ready for Tenant's Work. Tenant shall be deemed to have "actually occupied" a particular Stage of the Premises at such time as Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request possession of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery Stage of the Premises and that the condition of the Premises-complies with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlordcommences business operations therefrom.
Appears in 1 contract
Samples: Office Lease Agreement (Caprock Communications Corp)
Lease Grant. 2.1 In consideration of the Rent (as hereinafter defined) to be paid and the other covenants and agreements to be performed by Tenant, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-for occupancy, or if any tenant-or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-prior to Before the Commencement Date, or if-Landlord, for any reason whatsoever, cannot deliver possession Landlord shall construct the Building and install in the First Portion of the Premises to-Tenant,- with the items to be installed-constructed or constructed installed by Landlord pursuant to the provisions of the Work Letter Agreement attached hereto as Exhibit “E” "C" hereto. On or before September 1, 2003, Landlord shall construct and incorporated-herein install in the Second Portion of the Premises the items to be constructed or installed by reference (Landlord pursuant to the “provisions of the Work Letter”), substantially complete,-on Letter Agreement. If for any reason Landlord cannot deliver the scheduled First Portion of the Premises to Tenant by the Commencement Date, this Lease-lease shall not be void or voidable, nor shall-Landlord-and Landlord shall not be liable to Tenant for any loss or-damage-or damage resulting therefrom, except that the rent payable under Paragraph 1(f) hereof shall be waived for the period between the Commencement Date and the date on which Landlord can deliver possession. If for any reason Landlord cannot deliver the Second Portion of the Premises to Tenant by September 1, 2003, this Lease shall accept-not be void or voidable, and Landlord shall not be liable for any loss or damage resulting therefrom, except that the rent payable under Paragraph 1(f) hereof applicable to the Second Portion shall be waived for the period between September 1, 2003, and the date on which Landlord can deliver possession of the Second Portion. No delay in the delivery of possession shall extend the lease term. Tenant may not enter or occupy the pertinent portion of the Premises when-until such Portion of the Premises is tendered by Landlord-is-able-, unless Tenant's entry relates to tender the sameconstruction work therein. If for any reason the First Portion of the Premises is not ready for occupancy on or before May 1, 2002, Tenant may, at its option, cancel and terminate this lease by written notice to Landlord delivered on or before May 15, 2002, in which event neither party shall have any further rights or obligations hereunder, except that Landlord will pay back to Tenant the "Prepaid Rent" (hereinafter defined). Any entry of the Premises before the date specified in this Paragraph 2 may be made only with Landlord's written consent. The Premises shall be delayed-in substantially completing the Premises-as a-result of deemed completed and possession delivered upon
(i) Tenant’s request for materials other than Landlord’s standardcompletion of the items to be constructed and installed by Landlord pursuant to the provisions of the Work Letter Agreement attached as Exhibit "C", or and (ii) Tenant’s-changes in the approved plansinsurance of a certificate of occupancy by the City of Xxxxxxxxxx (collectively "Substantial Completion") other than completion of minor finish items, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “if any, which do not materially interfere with Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date's occupancy. The Upon taking of possession of all or any portion of the-Premises the Premises, Tenant shall be deemed proof that Tenant has to have accepted the same such as suitable for its purposes and shall be deemed to have waived any defects in the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligationsPremises and in the Building, subject only to a except for the completion of any minor finish items which do not materially interfere with Tenant's occupancy (the "punch list items"). Tenant shall have a period of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten thirty (1030) days after request from the date of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery actual occupancy of the Premises to compile and that deliver to Landlord the condition punch list items which Landlord agrees to use its reasonable efforts to complete or correct within ninety (90) days of the Premises-complies with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference. receipt of said list from Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlord.
Appears in 1 contract
Samples: Annual Report
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms and conditions hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto premises (as Exhibit “A-l” and incorporated herein by reference, defined in paragraph 1(c) hereof) commencing on the Commencement Date commencement date (as defined in paragraph 1(d) hereof, or as adjusted as hereinafter provide) and ending on the last day of the Lease Termlease term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease lease is executed before the Premises premises become vacant, or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises premises holds over, and Landlord cannot acquire possession of the-Premises-the premises prior to the Commencement Datecommencement date of this lease, or if-LandlordLandlord shall not be deemed to be in default hereunder, for any reason whatsoever, cannot deliver and Tenant agrees to accept possession of the Premises to-Tenant,- with premises at such time as Landlord is able to tender the same and such date shall be deemed to be installed-or constructed pursuant the commencement date and this lease shall continue for the lease term described in paragraph 1(d) hereof. Landlord hereby waives payment of rent covering any period prior to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-rendering of possession of the Premises when-Landlord-is-able-premises to tender Tenant hereunder. Likewise, should Tenant occupy the same. If Landlord shall be delayed-premises prior to the commencement date specified in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”paragraph 1(d), the scheduled Commencement Date commencement date shall not fee-postponed, and be altered to coincide with said occupancy with the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Dateending date of the lease remaining unchanged before occupying the premises. The taking of possession of all or any portion of the-Premises Tenant shall be deemed proof that Tenant has to have accepted the same as suitable for the purposes-herein-intended and-has purpose herein amended and to have acknowledged that-the-that the same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies fully with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” 's covenants and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlordobligations.
Appears in 1 contract
Samples: Lease Agreement (Omega Research Inc)
Lease Grant. 2.1 In consideration of the Rent (as hereinafter defined) Landlord hereby leases to be paid and the other covenants and agreements to be performed by Tenant, Landlord does and Tenant hereby leaseleases from Landlord, demise the Premises upon and let unto Tenant the Premisessubject to terms and conditions of this Lease, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, for a term of years commencing on the Commencement Date and and, unless earlier terminated or extended pursuant to the terms hereof, ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-for occupancy, or if any tenant-or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-prior to the Commencement Date, or if-Landlord, for any reason whatsoever, cannot deliver possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference Expiration Date (the “Work LetterInitial Term”; the Initial Term and the Extension Term, if duly exercised, are hereinafter collectively referred to as the “Term”). Once the Commencement Date is determined, substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, Landlord and Tenant shall accept-possession of execute an agreement confirming the Premises when-Landlord-is-able-to tender Commencement Date and the same. If Landlord shall be delayed-Expiration Date, in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has accepted the same as suitable for the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference3. TenantXxxxxx’s failure to execute and return said document any such agreement proposed by Landlord, or to provide written objection to the statements contained therein, within the aforesaid ten (10) -day period business days after the date of Tenant’s receipt thereof, shall constitute be deemed an acceptance-approval by Tenant of Landlord’s determination of such dates as set forth therein. If Landlord does not Substantially Complete Landlord’s Work and deliver the document Premises to Tenant by June 1, 2019 (subject to Landlord’s Force Majeure (as hereinafter defined) and any delays caused by Tenant), then for each day thereafter until such time as the Premises are delivered to Tenant with Landlord’s Work Substantially Complete, Tenant shall receive a rent credit equal to one day’s Base Rent. If Landlord for any reason does not Substantially Complete Landlord’s Work and deliver the Premises to Tenant by August 1, 2019 (subject to Landlord’s Force Majeure (as hereinafter defined) and any delays caused by Tenant), then Tenant may, at any time thereafter but prior to the date on which Xxxxxxxx’s Work is Substantially Complete, cancel this Lease by giving written notice of such cancellation to Landlord, whereupon Landlord shall promptly return the Security Deposit and any prepaid rent hereunder to Tenant and this Lease shall be null and void and of no further force and effect.
Appears in 1 contract
Lease Grant. 2.1 In Landlord, in consideration of of: (i) the Rent Basic Rental, (as hereinafter definedii) all other sums to be paid by Tenant under this Lease ("Additional Rental") and (iii) the other covenants and agreements to be performed by Tenant; hereby leases, Landlord does hereby lease, demise demises and let unto lets to Tenant the Premises, shown Premises (as defined in paragraph 1(c)) on the plan attached hereto as Exhibit “A-l” terms and incorporated herein by reference, conditions stated in this Lease commencing on the Commencement Date commencement date (as defined in paragraph 1(d), or as adjusted as provided below) and ending on the last day of the Lease Termexpiration date, unless sooner terminated as herein providedprovided in this Lease. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-the Premises prior to the Commencement Datecommencement date of this Lease, or if-LandlordLandlord shall not be deemed to be in default hereunder, for any reason whatsoever, cannot deliver and Tenant agrees to accept possession of the Premises to-Tenant,- with at such time as Landlord is able to tender the same and such date shall be deemed to be installed-or constructed pursuant the commencement date and this Lease shall continue for the lease term described in paragraph 1(d) above. Landlord waives payment of rent covering any period prior to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-rendering of possession of the Premises when-Landlord-is-able-to tender the sameTenant. If Landlord Tenant occupies the Premises prior to the commencement date specified in paragraph 1(d), the commencement date shall be delayed-in substantially completing altered to coincide with said occupancy and the ending date of the Lease remaining unchanged. Tenant is responsible for obtaining, at its expense, a certificate of occupancy for the Premises-as a-result . Tenant shall promptly apply for the certificate of occupancy and diligently pursue all necessary approvals required to occupy and use the Premises for the purpose set out in this Lease. By occupying the Premises, Tenant shall be deemed to have acknowledged that the Premises (i) are suitable for Tenant’s request for materials other than Landlord’s standard, or 's intended purpose (ii) Tenant’s-changes are in the approved plans, or-(iiigood operating condition and (iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has accepted the same as suitable for the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies fully with Landlord’s 's obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlordunder this Lease.
Appears in 1 contract
Samples: Lease Agreement (Efj Inc)
Lease Grant. 2.1 In consideration of the Rent (as hereinafter defined) to be paid and the other covenants and agreements to be performed by Tenant, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” EXHIBIT "A-1" and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-available for occupancy, or if any tenant-tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-the Premises prior to the Commencement Date, or if-if Landlord, for any reason whatsoever, cannot deliver possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”)Tenant, substantially complete,-on on the scheduled Commencement Date, this Lease-Lease shall not be void or voidable, nor shall-Landlord-shall Landlord be liable to Tenant for any loss or-damage-or damage resulting therefrom, and Tenant shall accept-accept possession of the Premises when-Landlord-is-able-when Landlord is able to tender the same, and such date on which Landlord tenders possession of the Premises shall be the Commencement Date of the Lease. If Landlord shall be delayed-delayed in substantially completing the Premises-Premises as a-a result of (i) Tenant’s 's request for materials other than Landlord’s 's standard, or (ii) Tenant’s-Tenant's changes in the approved plans, or-(iiior (iii) delays Delays in performance of work by a person,-firm person, firm or corporation employed by-by Tenant (collectively; “, "Tenant’s 's Delay”"), the scheduled Commencement Date shall not fee-be postponed, and the Lease Term and Tenant’s 's obligation to pay Base Rent-Rent and Additional Rent (as hereinafter-hereinafter defined) shall commence as of-the-scheduled-Commencement-of the scheduled Commencement Date. The taking of possession of all or any portion of the-the Premises shall be deemed proof that Tenant has accepted the same as suitable for the purposes-herein-purposes herein intended and-and has acknowledged that-the-that the same comply with-with Landlord’s 's obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-Within ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-give Landlord a document-document confirming the-the Commencement Date, and certifying that Tenant-Tenant has accepted delivery of the Premises and that the condition of the Premises-Premises complies with Landlord’s 's obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” EXHIBIT "B" and incorporated herein-herein by reference. Tenant’s 's failure to execute and return said document within the aforesaid ten (10) -day day period shall constitute an acceptance-acceptance of the document as delivered by Landlord.
Appears in 1 contract
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms and conditions hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto Premises (as Exhibit “A-l” and incorporated herein by reference, defined in paragraph 1 (c) hereof) commencing on the Commencement Date (as defined in paragraph 1 (d) hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Termlease term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease lease is executed before the Premises become vacant, becomes vacant or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-the premises prior to the Commencement Datecommencement date of this lease, or if-LandlordLandlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the premises at such time as Landlord is able to tender the same and such date shall be deemed to be the commencement date and this lease shall continue for the lease term described in paragraph 1 (d) hereof. Landlord hereby waives payment of monthly rental installments covering any reason whatsoever, cannot deliver period prior to the tendering of possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-to tender the samehereunder. If Landlord shall be delayed-in substantially completing By occupying the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has to have accepted the same as suitable for the purposes-herein-purpose herein intended and-has and to have acknowledged that-the-that the same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies fully with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” covenants and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlordobligations.
Appears in 1 contract
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenants and upon the terms hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, Premises commencing on the first to occur of (i) the date upon which Tenant occupies the Premises, or (ii) the date upon which the Premises are substantially complete (as defined in paragraph 7 of Exhibit D) and ready for occupancy (the “Commencement Date Date”) and ending on the last day of the Lease Term, Term unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-are not available and ready for occupancy, or if any tenant-or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-prior to the Commencement Date, or if-Landlord, for any reason whatsoever, canprior to the Estimated Commencement Date, Landlord shall not deliver be deemed to be in default hereunder, and Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof, except as set forth in this paragraph 2, and Tenant agrees to accept possession of the Premises to-Tenant,- with at such time as Landlord is able to tender the same and this Lease shall continue for the lease Term specified in the Basic Lease Information. In the event the Tenant Improvements (as defined in paragraph 2 of Exhibit D) are not substantially complete (as defined in paragraph 7 of Exhibit D) on the date which is ninety (90) days after the date on which Landlord receives a building permit to be installed-or constructed pursuant to construct the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference Tenant Improvements (the “Work LetterOutside Completion Date”) for any reason other than a delay caused by any act or omission of Tenant or its agents, employees, or contractors (including, without limitation, requests for change orders), substantially complete,-on the scheduled Commencement Date, this Lease-then Landlord shall not be void or voidable, nor shall-Landlord-be liable pay to Tenant as liquidated damages an amount equal to one (1) day’s Basic Rental for any loss or-damage-resulting therefrom, and each day the Tenant shall accept-possession of Improvements are not substantially completed after the Premises when-Landlord-is-able-to tender the sameOutside Completion Date. If Landlord shall be delayed-in substantially completing By occupying the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has to have accepted the same as suitable for the purposes-herein-purpose herein intended and-has and to have acknowledged that-the-that the same comply with-fully with Landlord’s obligations, subject only to a notwithstanding that certain “punch list of list” type items to be-may not have been completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten Within fifteen (1015) days after Tenant’s receipt of a request of from Landlord, if Landlord makes such a request, Tenant shall give-agrees to give Landlord a document-letter confirming the-the Commencement Date, Date and certifying that Tenant-Tenant has accepted delivery of the Premises and that the condition of the Premises-Premises complies with Landlord’s obligations hereunder. Such document shall be in the form A blank copy of such acknowledgment is attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlord.H.
Appears in 1 contract
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenants and upon the terms hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, Premises commencing on the first to occur of (i) the date upon which Tenant occupies the Premises, or (ii) the date upon which the Premises are substantially complete and ready for occupancy (the "Commencement Date Date") and ending on the last day of the Lease Term, Term unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-are not available and ready for occupancy, or if any tenant-or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-prior to the Commencement Date, or if-Landlord, for any reason whatsoever, canprior to the Estimated Commencement Date, Landlord shall not deliver be deemed to be in default hereunder, and Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof, and Tenant agrees to accept possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto at such time as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-Landlord is able to tender the samesame and this Lease shall continue for the lease Term specified in the Basic Lease Information. If Landlord shall be delayed-in substantially completing By occupying the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that Tenant has to have accepted the same as suitable for the purposes-herein-purpose herein intended and-has and to have acknowledged that-the-that the same comply with-fully with Landlord’s 's obligations, subject only to a notwithstanding that certain "punch list of list" type items to be-may not have been completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten Within fifteen (1015) days after Tenant's receipt of a request of from Landlord, if Landlord makes such a request, Tenant shall give-agrees to give Landlord a document-letter confirming the-the Commencement Date, Date and certifying that Tenant-Tenant has accepted delivery of the Premises and that the condition of the Premises-Premises complies with Landlord’s 's obligations hereunder. Such document shall be in the form A blank copy of such acknowledgment is attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlord.EXHIBIT H.
Appears in 1 contract
Samples: Office Building Lease Agreement (Appliedtheory Corp)
Lease Grant. 2.1 In consideration 2.01 The Premises are hereby leased to Tenant from Landlord, together with the right to use all other portions of the Rent (as hereinafter defined) to be paid and the other covenants and agreements to be performed by Tenant, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-for occupancy, or if any tenant-or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-prior to the Commencement Date, or if-Landlord, for any reason whatsoever, cannot deliver possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference Property (the “Work LetterCommon Areas”)) and the exclusive right to use the Storage Space. Tenant shall have the right to reactivate the loading dock in the Building and to use the same in common with the occupant, substantially complete,-on if any, of the scheduled Commencement Datebasement of the Building. All work to reactivate the loading dock shall be performed in accordance with the provisions of Section 9.03 below and in accordance with plans and specifications approved by Landlord, this Lease-which approval shall not be void unreasonably withheld, delayed, or voidableconditioned and shall be further subject to approval by the City of Boston and any other governmental agency with authority over the Property. Landlord agrees to cooperate with Tenant, nor shall-at no out of pocket cost to Landlord-, in Tenant’s efforts to reactivate the loading dock. Upon completion of such work, the loading dock shall constitute part of the Common Areas.
2.02 Subject to the requirements of all Laws (defined below), Tenant may install a bicycle rack on a portion of the Property (or, subject to the requirements of Section 3.2 of the Street Agreement, any land immediately adjacent to the Property) in a location approved in writing by Landlord, which approval shall not be liable unreasonably withheld, delayed or conditioned. Tenant shall be solely responsible for obtaining, at its expense, such permits and approvals as may be required for the installation and use of any such bicycle rack. Landlord agrees to cooperate with Tenant, at no out of pocket cost to Landlord, in Tenant’s endeavors to obtain any required permit or approval for such bicycle rack. Tenant shall be solely responsible for the operation, maintenance, and repair of any such bicycle rack. Notwithstanding anything to the contrary contained in this Lease, Landlord shall have no liability to Tenant or anyone claiming by, through, or under Tenant for any loss or-or damage-resulting therefrom, however caused, to any bicycle or other personal property placed in any such rack.
2.03 Subject to the requirements of all Laws, Tenant shall have the right to construct a roof deck on the roof of the Building in a location and of a size designed by Tenant and approved in writing by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned (the “Roof Deck”). The Roof Deck shall be constructed in accordance with plans and specifications therefor that have been approved in advance, in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and otherwise in accordance with the provisions of Article 8 hereof. Without limiting the foregoing, Landlord may require that Tenant employ Landlord’s roofing contractor to perform the affixation of the Roof Deck to the roof of the Building (provided such contractor agrees to perform on commercially reasonable terms and rates), and in any event Tenant and its contractors shall strictly comply with the requirements of Landlord’s roof warranty. Tenant shall accept-possession be solely responsible for obtaining, at its expense, such permits and approvals as may be required for the installation of the Roof Deck. Landlord agrees to cooperate with Tenant, at no out of pocket cost to Landlord, in Tenant’s endeavors to obtain any required permit or approval for the Roof Deck. The Roof Deck shall be considered part of the Premises when-for all purposes of this Lease, including, without limitation, the provisions of Sections 13 and 14 hereof, but no Rent shall be payable for or with respect to the Roof Deck. Tenant shall have no obligation to remove the Roof Deck at the expiration or earlier termination of the Term.
2.04 Pursuant to Section 4.1 of the Street Agreement (as defined in Section 9.02 below), all parking spaces located in the Common Areas (as defined in the Street Agreement) adjacent to the Building belong to the owner of the Building. Further, Section 4.1 permits the owner of the Building to seek public approvals to add one or more horizontal parking spaces in the portions of the Common Areas abutting the Building. Landlord agrees that Tenant shall have a revocable license, on the terms and conditions set forth below (the “Parking License”) to place up to three (3) Zipcars and appropriate signage in either the area shown on Exhibit L attached hereto or, to the extent three (3) parking spaces do not exist in such area, in such other portion of the Common Areas as may be permitted under the Street Agreement. The Parking License shall run for the Term of this Lease, except that Landlord may elect to terminate the Parking License at any time by giving Tenant written notice of such election at least six (6) months before the effective date of such termination, which effective date shall be set forth in Landlord-is-able-to tender the same’s termination notice. If Landlord shall be delayed-in substantially completing not terminate the Premises-as a-result of Parking License if Landlord has granted parking rights (i) Tenant’s request for materials the purpose of parking rental vehicles in the Common Areas to any other than Landlord’s standard, entity in the business of renting automobiles to the public (“Competing Rights”) or (ii) Tenant’s-changes to any other tenant of the Complex (as that term is defined in Section 11.01 below) that leases, in the approved plansaggregate, or-(iii) delays less than 47,000 rentable square feet of space in performance of work by the Complex (a person,-firm or corporation employed by-Tenant (collectively; “Smaller Tenant’s Delay”), unless Landlord, reasonably simultaneously therewith, terminates all such other rights. After any termination of the scheduled Commencement Date Parking License, Landlord shall not fee-postponed, grant Competing Rights or parking rights to a Smaller Tenant in the Common Areas unless and until Landlord reinstates the Lease Term and Parking License. Landlord shall cooperate with Tenant’s obligation efforts to pay Base Rent-obtain (and Additional Rent to act on Tenant’s behalf if necessary, to obtain, at Tenant’s cost) public approvals so that Tenant may add such additional horizontal parking spaces in such Common Areas so that Tenant may have three (as hereinafter-defined3) shall commence as of-the-scheduled-Commencement-DateZipcars in parking spaces in the Common Areas adjacent to the Building. The taking of possession of all or In any portion of the-Premises event, such parking spaces shall be deemed proof that in a location approved in writing by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. Landlord shall cooperate with Tenant’s efforts to identify such parking spaces for “Zipcar Use Only”. Tenant has accepted shall be responsible for obtaining such permits and approvals as may be required by Law or by the same as suitable Street Agreement for the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligations, subject only to a punch list use of items to be-completed, to be generated by such parking spaces. Commencing on the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to date Tenant first uses any of such parking spaces and thereafter throughout the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request term of Landlord, if Landlord makes such a requestthe Parking License, Tenant shall give-Landlord pay Landlord, as additional rent, a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery monthly charge for each of the Premises and that three (3) parking spaces covered by the condition Parking License in an amount equal to the average monthly charge for surface parking spaces in the Fort Point Channel area of the Premises-complies with Landlord’s obligations hereunderBoston as reasonably determined by Landlord from time to time based upon actual charges for such facilities as documented to Tenant. Such document shall charge may be adjusted by Landlord from time to time to reflect actual increases in the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten fair market rate for such spaces in such area, but not more frequently than one (101) -day period shall constitute an acceptance-of the document as delivered by Landlordtime per calendar year.
Appears in 1 contract
Samples: Office Lease Agreement (Zipcar Inc)
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms and conditions hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto Premises (as Exhibit “A-l” and incorporated herein by reference, defined in paragraph 1(d) hereof) commencing on the Commencement Date Data (as defined in paragraph 1(e) hereof or as adjusted as hereinafter provided) and ending on the last day of the Lease Termlease term, unless sooner terminated as herein provided. No easement for lightIn the event the Premises are occupied by Tenant prior to the stated date, air or view is granted, given or implied herein.
2.2 If the Commencement Date shall be the date such occupancy commenced if this Lease is executed before the Premises become vacant, or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises premises holds over, and Landlord cannot acquire possession of the-Premises-the Premises prior to the Commencement DateDate of the Lease, or if-LandlordLandlord shall not be deemed to be in default hereunder, for any reason whatsoever, cannot deliver the Tenant agrees to accept possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto at such time as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-Landlord is able to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, same and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises such date shall be deemed proof that to be the Commencement Date and this Lease shall continue for the lease term described in paragraph 1(e) hereof. By occupying the Premises, Tenant has shall be deemed to have accepted the same as suitable for the purposes-herein-purpose herein intended and-has and to have acknowledged that-the-that the same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies fully with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” 's covenants and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlordobligations.
Appears in 1 contract
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) Basic Rental to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms and conditions hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, Premises commencing on the Commencement Date (as defined in Article I(d) hereof), or as adjusted as hereinafter provided) and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-are available and ready for occupancy, or if any tenant-or occupant of the Premises holds over, and Landlord cannot acquire deliver possession of the-Premises-prior to on the Commencement Date, or if-Landlordthen Landlord shall not be deemed to be in default hereunder, for any reason whatsoever, cannot deliver and Tenant agrees to accept possession of the Premises to-Tenant,- with at such time as the Premises are available and ready for occupancy and such date shall be deemed to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-and the Expiration Date set forth in Article I(d) hereof shall not be void or voidable, nor shall-Landlord-be liable extended for a period equal to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession the number of days that the Premises when-Landlord-is-able-to tender are not available and ready for occupancy beyond the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and specified in Article I(d) hereof plus the number of ---- days necessary for the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent expire on the last day of a month; provided, however, that if the Leasehold Initial: ________ INDUSTRIAL LEASE AGREEMENT - Page 1 ________ -------------------------- Improvements (as hereinafter-defineddefined in Section 3.2 below) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises shall be deemed proof that have not been substantially completed within ninety (90) days following the date upon which Landlord and Tenant has accepted mutually approve the same as suitable final plans and specifications for the purposes-Leasehold Improvements (as defined in Section 3.2 hereof) (herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligations, the "Outside Completion Date"), subject only to a punch list of items Excused Delays (as hereinafter defined), then Tenant shall have the right to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to terminate this Lease immediately at any time prior to substantial completion of the time Leasehold Improvements, and this Lease shall thereafter be null and void and of no further force or effect and the Commencement Date hereunder shall never occur. If the Tenant takes occupancy-of-the-Premises. Within-fails to terminate this Lease prior to substantial completion or within ten (10) days after Landlord notifies Tenant that the Leasehold Improvements will not be completed on time, then Tenant shall be deemed to have waived its right of termination contained herein. If the delay in completing the Leasehold Improvements by the Outside Completion Date is caused or contributed to by act or neglect of Tenant, or those acting for or under Tenant, labor disputes, casualties, acts of God or the public enemy, governmental embargo restrictions, shortages of fuel, labor, or building materials, action or non-action of public utilities, or of local, state or federal governments affecting the work, or other causes beyond Landlord's reasonable control, then the time of completion of said construction shall be extended for the additional time caused by such delay. Such delays are each referred to as an "Excused Delay." Landlord hereby waives payment of Basic Rental and all Additional Rental and other payments to be made by Tenant hereunder, all of which shall only commence upon the Commencement Date covering any period prior to the date the Premises are available and ready for occupancy; however, should Tenant occupy the Premises prior to the Commencement Date specified in Article I(d) hereof, the Commencement Date and Lease Term shall be altered to coincide with said occupancy with the Expiration Date of this Lease remaining unchanged. For the purpose hereof, the Premises shall be deemed "available and ready for occupancy" at such time as Landlord has substantially completed the construction or installation of any Leasehold Improvements (as defined in Section 3.2 hereof), if any, required to be completed by Landlord pursuant to Section 3.2 of this Lease to the extent reasonably necessary to as to allow Tenant to occupy the Premises and commence operations of its business therein, notwithstanding the fact that there may remain as incomplete certain minor, "punchlist" items which do not materially interfere with Tenant's intended use of the Premises; Landlord agrees to promptly attend to and complete the punchlist items in a good and workmanlike manner. The Leasehold Improvements shall be deemed to have been substantially completed when the following having occurred: (i) the issuance of a certificate of occupancy permitting Tenant to occupy the Premises (or the taking of such other action as may be customary to permit occupancy or use thereof); and (ii) the issuance of a certificate of substantial completion by Landlord's architect. Tenant shall endeavor to provide Landlord with a list of deficiencies in the construction of the Leasehold Improvements within thirty (30) days after it has taken possession of the Premises with all Leasehold Improvements completed; provided, further that nothing herein shall reduce or impair Landlord's Construction Guaranty set forth in Section 3.3 below. After the Commencement Date of this Lease, Tenant shall, upon request of from Landlord, if Landlord makes such a request, Tenant shall give-execute and deliver to Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted letter of acceptance of delivery of the Premises, which letter shall describe any deficiencies with respect to the Leasehold Improvements of which Tenant has actual knowledge and shall also state the Commencement Date and Expiration Date; provided, however, that Landlord also confirms to Tenant the Commencement and Expiration Dates. The Premises are subject to, and Tenant covenants and agrees to comply with, the easements, restrictions, reservations and other matters set forth in Exhibit "B" attached hereto and made a part hereof (collectively, the "Permitted Encumbrances"). Landlord represents to Tenant that the condition none of the Premises-complies Permitted Encumbrances will materially interfere with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-or preclude Tenants occupancy of the document as delivered by LandlordPremises for the Primary Use identified in Article I(g) above.
Appears in 1 contract
Lease Grant. 2.1 In consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms hereinafter stated, Landlord hereby leases the Premises to Tenant, Landlord does and Tenant hereby leaseleases the Premises from Landlord, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of for the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises holds over, and as a result of which Landlord cannot acquire possession of the-Premises-prior the Premises sufficiently in advance of the target Commencement Date to allow for completion of the Tenant's Work, or if for any other reason the Premises have not been Substantially Completed by the target Commencement Date, Landlord shall not be deemed to be in default hereunder or if-Landlord, have any liability to Tenant for any reason whatsoeverresulting loss, cannot deliver damage or inconvenience; nor shall this Lease be void or voidable. Tenant agrees to accept possession of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto at such time as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-Landlord is able to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises on such date Tenant shall be deemed proof that Tenant has to have accepted the same as suitable for the purposes-herein-purposes herein intended and-has and to have acknowledged that-the-that the same comply with-fully with Landlord’s 's obligations, subject only . Tenant agrees to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-give Landlord a document-document confirming the-the Commencement Date, Date and certifying that Tenant-Tenant has accepted delivery of the Premises and that the condition of the Premises-Premises complies with Landlord’s 's obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and "B", by this reference incorporated herein-by reference. The failure of Landlord to request the execution of such agreement, or Tenant’s 's failure to execute and return said document within such agreement, shall not affect the aforesaid ten (10) -day period shall constitute an acceptance-determination of the document as delivered by Landlord.Commencement Date. 2 <PAGE> 3.0
Appears in 1 contract
Samples: Lease Agreement
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms and conditions hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto premises (as Exhibit “A-l” and incorporated herein by reference, defined in paragraph 1(c) hereof) commencing on the Commencement Date commencement date (as defined in paragraph 1(d) hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Termlease term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease lease is executed before the Premises premises become vacant, or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises premises holds over, and Landlord cannot acquire possession of the-Premises-the premises prior to the Commencement Datecommencement date of this lease, or if-LandlordLandlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession at such time as Landlord is able to tender the same and such date shall be deemed to be the commencement date and this lease shall continue 2 for the lease term described in paragraph 1(d) hereof, Landlord hereby waives payment of rent covering any reason whatsoever, cannot deliver period prior to the tendering of possession of the Premises to-Tenant,- with premises to Tenant hereunder. Likewise, should Tenant occupy the to be installed-or constructed pursuant premises prior to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-to tender the same. If Landlord shall be delayed-commencement date specified in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”paragraph 1(d), the scheduled Commencement Date commencement date shall not fee-postponedbe altered to coincide with said occupancy with the ending date of the lease remaining unchanged. By occupying the premises, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises Tenant shall be deemed proof that Tenant has to have accepted the same as suitable for the purposes-herein-purpose herein intended and-has and to have acknowledged that-the-that the same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies fully with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” 's covenants and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlordobligations.
Appears in 1 contract
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms and conditions hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto premises (as Exhibit “A-l” and incorporated herein by reference, defined in paragraph 1(c) hereof) commencing on the Commencement Date commencement data (as defined in paragraph 1(d) hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Termlease term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease lease is executed before the Premises premises become vacant, or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises premises holds over, and Landlord cannot acquire possession of the-Premises-the premises prior to the Commencement Datecommencement date of this lease, or if-LandlordLandlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession at such time as Landlord is able to tender the same and such date shall be deemed to be the commencement date and this lease shall continue for the lease term described in paragraph 1(d) hereof, Landlord hereby waives payment of rent covering any reason whatsoever, cannot deliver period prior to the tendering of possession of the Premises to-Tenant,- with premises to Tenant hereunder. Likewise, should Tenant occupy the to be installed-or constructed pursuant premises prior to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession of the Premises when-Landlord-is-able-to tender the same. If Landlord shall be delayed-commencement date specified in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”paragraph 1(d), the scheduled Commencement Date commencement date shall not fee-postponedbe altered to coincide with said occupancy with the ending date of the lease remaining unchanged. By occupying the premises, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises Tenant shall be deemed proof that Tenant has to have accepted the same as suitable for the purposes-herein-purpose herein intended and-has and to have acknowledged that-the-that the same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies fully with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” 's covenants and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlordobligations.
Appears in 1 contract
Samples: Office/Showroom/Warehouse Lease Agreement (Pharmchem Laboratories Inc)
Lease Grant. 2.1 In consideration of the Rent (as hereinafter defined) to be paid and the other covenants and agreements to be performed by Tenant, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on Before the Commencement Date Date. Landlord shall construct the Building and ending on install in the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-for occupancy, or if any tenant-or occupant First Portion of the Premises holds over, and the items to be constructed or installed by Landlord cannot acquire possession of the-Premises-prior pursuant to the Commencement Date, or if-Landlord, for any reason whatsoever, cannot deliver possession provisions of the Premises to-Tenant,- with the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” "C" hereto. On or before April 1, 1998, Landlord shall construct and incorporated-herein install in the Second Portion of the Premises the items to be constructed or installed by reference (Landlord pursuant to the “provisions of the Work Letter”), substantially complete,-on Letter Agreement. If for any reason Landlord cannot deliver the scheduled First Portion of the Premises to Tenant by the Commencement Date, this Lease-lease shall not be void or voidable, nor shall-Landlord-and Landlord shall not be liable to Tenant for any loss or-damage-or damage resulting therefrom, except that the rent payable under Paragraph 1(f) hereof shall be waived for the period between the Commencement Date and Tenant shall accept-possession the date on which Landlord can deliver possession. If for any reason Landlord cannot deliver the Second Portion of the Premises when-Landlord-is-able-to tender the same. If Tenant on or before April 1, 1998, this lease shall not be void or voidable, and Landlord shall not be delayed-in substantially completing liable for any loss or damage resulting therefrom, except that the Premises-as a-result of (irent payable under Paragraph 1(f) Tenant’s request hereof shall be reduced to $17,416.67 for materials other than Landlord’s standardthe period between April 1, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed1998, and the date on which Landlord can deliver the Second Portion of the Premises. No delay in the delivery of possession shall extend the lease term. If for any reason the First Portion of the Premises are not ready for occupancy on or before October 1, 1998, Tenant may at its option cancel and terminate this Lease Term and by written notice to Landlord delivered on or before November 1, 1998, in which event neither party shall have any further liabilities or obligations hereunder, except that Landlord will repay to Tenant any prepaid rent or security deposit. Tenant may not enter or occupy the pertinent portion of the Premises until such portion is tendered by Landlord, unless Tenant’s obligation 's entry relates to pay Base Rentconstruction or other pre-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Dateoccupancy work therein. Any entry of a pertinent portion of the Premises before the date specified in this Paragraph 2 may be made only with Landlord's written consent. The pertinent portion of the Premises shall be deemed completed and possession delivered upon completion of the items to be constructed and installed by Landlord pursuant to the provisions of the Work Letter Agreement attached as Exhibit "C", other than completion of minor finish items, if any, which do not materially interfere with Tenant's occupancy. Upon taking of possession of all or any a pertinent portion of the-Premises the Premises, Tenant shall be deemed proof that Tenant has to have accepted the same such portion as suitable for its purposes and shall be deemed to have waived any defects in the purposes-herein-intended and-has acknowledged that-the-same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery portion of the Premises and that the condition of the Premises-complies with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” and incorporated herein-by reference. Building, except for latent defects or the completion of any minor finish items which do not materially interfere with Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlord's occupancy.
Appears in 1 contract
Samples: Annual Report
Lease Grant. 2.1 In consideration of the Rent (as hereinafter defineda) to be paid From and the other covenants and agreements to be performed by Tenant, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, commencing on the Commencement Date and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacant, or otherwise available-for occupancy, or if any tenant-or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-prior to after the Commencement Date, or if-Landlord leases the Original Premises to Tenant and Tenant leases the Original Premises from Landlord, for together with the right in common with others to use the Parking Premises and any reason whatsoever, cannot deliver possession portions of the Premises to-Tenant,- with Property that are designated by Landlord for the to be installed-or constructed pursuant to the Work Letter Agreement attached hereto as Exhibit “E” common use of tenants and incorporated-herein by reference others, including, without limitation, parking areas, sidewalks, common corridors, common base building utilities, elevator foyers, restrooms, and lobby areas (the “Work LetterCommon Areas”), substantially complete,-on . From and after the scheduled Expansion Premises Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable Landlord leases the Expansion Premises to Tenant for any loss or-damage-resulting therefromand Tenant leases the Expansion Premises from Landlord. The definition of Premises shall mean, initially, the Original Premises, and following the Expansion Premises Commencement Date the definition of Premises shall include both the Original Premises and the Expansion Premises.
(b) Tenant shall accept-possession represents that Tenant has inspected the Original Premises and the Expansion Premises and the Property and is thoroughly acquainted with their condition and, subject to the completion of the Initial Alterations, takes the Original Premises when-Landlord-and the Expansion Premises “as is-able-to tender the same. If Landlord shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponed, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises by Tenant shall be deemed proof conclusive evidence that Tenant has accepted the same as suitable Original Premises and the Expansion Premises and the Property are in good and satisfactory condition at the time possession is taken by Tenant, other than for the purposes-herein-intended and-has acknowledged that-the-same comply with-completion of the Initial Alterations. Except as may be expressly set forth in this Lease, neither Landlord nor Landlord’s obligations, subject only agents have made any representations or promises with respect to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Building, the Original Premises-complies , the Expansion Premises, the Property or any other matter or thing relating to or affecting the Property, the Original Premises or the Expansion Premises, and no rights, easements or licenses are acquired by Tenant by implication or otherwise. The parties agree that the foregoing shall not relieve Landlord of its maintenance, compliance and warranty obligations under this Lease.
(c) Promptly following determination of the actual rentable square footage of the Expansion Premises, which measurement shall be conducted in accordance with BOMA, Landlord and Tenant shall enter into an amendment to this Lease that sets forth the correct rentable square footage of the Premises, and corresponding adjustments to the Base Rent and Tenant’s Pro Rata Share. In the event the Rentable Square Footage of the Premises is adjusted due to Landlord’s obligations hereunder. Such document remeasurement of the Premises or in the event of an alteration or adjustment of the Common Areas or remeasurement of the Building (which Tenant acknowledges may include the construction of a corridor on the third floor of the Building next to the Expansion Premises), which measurement shall be conducted in the form attached hereto as Exhibit “C” and incorporated herein-by reference. accordance with BOMA, Tenant’s failure Pro Rata Share and the amount of Base Rent payable shall be appropriately adjusted. Promptly after such adjustment, Landlord and Tenant shall enter into an amendment that sets forth the foregoing information and adjustments. Tenant shall be entitled, at Tenant’s sole cost and expense, to execute measure the Premises, which measurement shall be conducted in accordance with BOMA. In the event Tenant’s measurement differs materially from Landlord’s measurement, Landlord and return said document within Tenant shall use good faith efforts to resolve the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlorddispute to their mutual satisfaction.
Appears in 1 contract
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms and conditions hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto as Exhibit “A-l” and incorporated herein by reference, Premises commencing on the Commencement Date and ending on the last day of the Lease Term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease lease is executed before the Premises become vacant, or otherwise available-for occupancy, or if any tenant-or occupant of the Premises holds over, are available and Ready For Occupancy (as hereinafter defined) and Landlord cannot acquire deliver possession of the-Premises-prior to on the anticipated Commencement Date, or if-Landlordthen Landlord shall not be deemed to be in default hereunder, for any reason whatsoever, cannot deliver and Tenant agrees to accept possession of the Premises to-Tenant,- with at such time as Landlord is able to tender the to same and such date shall be installed-or constructed pursuant the Commencement Date and this lease shall continue for the entire Lease Term. Landlord hereby waives payment of rent covering any period prior to the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-tendering of possession of the Premises when-Landlord-is-able-to tender the same. If Landlord Tenant hereunder, unless such delay is caused by Tenant or anyone acting under or for Tenant and such abatement shall be delayedTenant's-sole remedy by reason of the Premises not being Ready For Occupancy. Likewise, should Tenant occupy the Premises prior to the anticipated commencement date specified in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”Section I(h), the scheduled Commencement Date shall not fee-postponedbe altered to coincide with said occupancy with the anticipated ending date set forth in Section I(h) remaining unchanged. For the purposes hereof, and the Lease Term and term "Ready For Occupancy" shall mean the first to occur of the following: (a) the date Landlord substantially completes the work required of it under terms of Exhibit "D" attached hereto AND SECURES A CERTIFICATE OF INSURANCE OR FINAL INSPECTION TO BE ISSUED BY THE CITY OF XXXXXXXXXX; or (b) the date Landlord would have substantially completed the work required of it under the terms of Exhibit "D" but for delays caused by Tenant’s obligation to pay Base Rent-and Additional Rent , or its agents, employees or contractors; or (as hereinafter-definedc) shall commence as of-the-scheduled-Commencement-Date. The taking of the date Tenant takes possession of all or any portion of the-the Premises. By occupying the Premises ON THE COMMENCEMENT DATE, Tenant shall be deemed proof that Tenant has to have accepted the same as suitable for the purposes-herein-purposes herein intended and-has and waives any defects in the Premises (WITH THE EXCEPTION OF ANY LATENT STRUCTURAL DEFECTS OR ANY LATENT OR PATENT DEFECTS IN THE IN THE WORK OF EXHIBIT "D") and all related improvements and appurtenances in the Building and to have acknowledged that-the-that the same comply with-fully with Landlord’s 's covenants and obligations. After the commencement date of this Lease, subject only to a punch list of items to be-completedTenant shall, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after upon request of from Landlord, if Landlord makes such a request, Tenant shall give-execute and deliver to Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery Letter of the Premises and that the condition Acceptance of the Premises-complies with Landlord’s obligations hereunder. Such document , which letter shall be in also state the form attached hereto as Exhibit “C” Commencement Date and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by LandlordExpiration.
Appears in 1 contract
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by TenantTenant and upon the terms and conditions hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto Premises (as Exhibit “A-l” and incorporated herein by reference, defined in paragraph 1 (c) hereof) commencing on the Commencement Date (as defined in Paragraph 1(d) hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Termlease term, unless sooner terminated as herein provided. No easement for light, air or view is granted, given or implied herein.
2.2 If this Lease lease is executed before the Premises become vacant, becomes vacant or otherwise available-available and ready for occupancy, or if any tenant-present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the-Premises-the premises prior to the Commencement Datecommencement date of this lease, or if-LandlordLandlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the premises at such time as Landlord is able to tender the same and such date shall be deemed to be the commencement date and this lease shall continue for any reason whatsoever, canthe lease term described in Paragraph 1(d) hereof; provided if Landlord does not deliver obtain possession of the Premises to-Tenant,- with the on or before September 1, 2006 Tenant, in its sole discretion, may terminate this lease at any time thereafter by written notice to be installed-or constructed Landlord; provided further Tenant my not terminate this lease pursuant to this sentence if Tenant has not terminated this Lease prior to receipt of written notice from Landlord that Landlord has obtained full possession of the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (Premises. Landlord hereby waives payment of monthly rental installments covering any period prior to the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-tendering of possession of the Premises when-Landlord-is-able-to tender Tenant hereunder. Likewise, should Tenant occupy the same. If Landlord shall be delayed-Premises prior to the commencement date specified in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”Paragraph 1(d), the scheduled Commencement Date commencement date shall not fee-postponedbe altered to coincide with said occupancy with the ending date of the lease remaining unchanged, and however basic rental shall be increased pro rata. By occupying the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) shall commence as of-the-scheduled-Commencement-Date. The taking of possession of all or any portion of the-Premises Premises, Tenant shall be deemed proof that Tenant has to have accepted the same as suitable for the purposes-herein-purpose herein intended and-has and to have acknowledged that-the-that the same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies fully with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” 's covenants and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlordobligations.
Appears in 1 contract
Samples: Office Lease Agreement (American Caresource Holdings, Inc.)
Lease Grant. 2.1 In Landlord, in consideration of the Rent (as hereinafter defined) rent to be paid and the other covenants and agreements to be performed by Tenantthe Tenant and upon the terms and conditions hereinafter stated, Landlord does hereby lease, demise and let unto Tenant the Premises, shown on the plan attached hereto premises (as Exhibit “A-l” and incorporated herein by reference, defined in Paragraph 1.c. hereof) commencing on the Commencement Date commencement date (as defined in Paragraph 1.d. hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Termlease term, unless sooner terminated as herein provided. No easement Landlord shall not be liable for lightfailure to give possession of any previous tenant, air or view is granted, given or implied herein.
2.2 If this Lease is executed before the Premises become vacanttenants, or otherwise available-for occupancyoccupants of same, or if any tenant-or occupant nor shall such failure impair the validity of this lease, and Tenant agrees to accept possession of the Premises holds over, premises on such date as Landlord is able to tender the same and such date shall continue for the lease term described in Paragraph 1.d. hereof. Landlord cannot acquire possession hereby waives payment of the-Premises-monthly rental installments covering any period prior to the Commencement Date, or if-Landlord, for any reason whatsoever, cannot deliver tendering of possession of the Premises to-Tenant,- premises to Tenant hereunder. If Tenant occupies the premises prior to the commencement date specified in Paragraph 1.d., the commencement date shall be deemed to be changed to coincide with the to be installed-or constructed pursuant to date of Tenant's occupancy; however, the Work Letter Agreement attached hereto as Exhibit “E” and incorporated-herein by reference (the “Work Letter”), substantially complete,-on the scheduled Commencement Date, this Lease-shall not be void or voidable, nor shall-Landlord-be liable to Tenant for any loss or-damage-resulting therefrom, and Tenant shall accept-possession expiration date of the Premises when-Landlord-is-able-to tender the same. If Landlord lease shall be delayed-in substantially completing the Premises-as a-result of (i) Tenant’s request for materials other than Landlord’s standard, or (ii) Tenant’s-changes in the approved plans, or-(iii) delays in performance of work by a person,-firm or corporation employed by-Tenant (collectively; “Tenant’s Delay”), the scheduled Commencement Date shall not fee-postponedremain unchanged, and the Lease Term and Tenant’s obligation to pay Base Rent-and Additional Rent (as hereinafter-defined) amount of the basic rental shall commence as of-the-scheduled-Commencement-Datebe increased prorata based upon the increased lease term. The taking of possession of all or any portion of the-Premises By occupying the premises, Tenant shall be deemed proof that Tenant has to have accepted the same as suitable for the purposes-herein-purpose herein intended and-has and to have acknowledged that-the-that the same comply with-Landlord’s obligations, subject only to a punch list of items to be-completed, to be generated by the architect or space planner-engaged under Exhibit “E” to this Lease immediately prior to the time Tenant takes occupancy-of-the-Premises. Within-ten (10) days after request of Landlord, if Landlord makes such a request, Tenant shall give-Landlord a document-confirming the-Commencement Date, and certifying that Tenant-has accepted delivery of the Premises and that the condition of the Premises-complies fully with Landlord’s obligations hereunder. Such document shall be in the form attached hereto as Exhibit “C” 's covenants and incorporated herein-by reference. Tenant’s failure to execute and return said document within the aforesaid ten (10) -day period shall constitute an acceptance-of the document as delivered by Landlordobligations.
Appears in 1 contract
