Common use of Lease Provisions; Conflict Clause in Contracts

Lease Provisions; Conflict. The terms and provisions of the Lease, insofar as they are applicable, in whole or in part, to this Exhibit B, are hereby incorporated herein by reference, and specifically including all of the provisions of Section 29 of the Lease. In the event of any conflict between the terms of the Lease and this Exhibit B, the terms of this Exhibit B shall prevail. Any amounts payable by Tenant to Landlord hereunder shall be deemed to be Additional Rent under the Lease and, upon any default in the payment of same, Landlord shall have all rights and remedies available to it as provided for in the Lease. This exhibit, entitled “Rules & Regulations”, is and shall constitute Exhibit C to that certain Lease Agreement dated June 11, 2004 (the “Lease”), by and between WILLOW PARK HOLDING COMPANY I, LLC, a Delaware limited liability company (“Landlord”), and NUANCE COMMUNICATIONS, INC, a California corporation (“Tenant”) for the leasing of certain premises located in Willow Park at Building T, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “Premises”). The terms, conditions and provisions of this Exhibit C are hereby incorporated into and are made a part of the Lease. Any capitalized terms used herein and not otherwise defined herein shall have the meaning ascribed to such terms as set forth in the Lease: 1. No advertisement, picture or sign of any sort shall be displayed on or outside the Premises or the Building without the prior written consent of Landlord. Landlord shall have the right to remove any such unapproved item without notice and at Tenant’s expense. 2. Tenant shall not regularly park motor vehicles in designated parking areas after the conclusion of normal daily business activity. 3. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord without the prior written consent of Landlord. 4. All window coverings installed by Tenant and visible from the outside of the Building require the prior written approval of Landlord. 5. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises, the Building or the Park. 6. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlord. 7. Tenant agrees not to make any duplicate keys without the prior consent of Landlord. 8. Tenant shall park motor vehicles in those general parking areas as designated by Landlord except for loading and unloading. During those periods of loading and unloading, Tenant shall not unreasonably interfere with traffic flow within the Park and loading and unloading areas of other Tenants. 9. Tenant shall not disturb, solicit or canvas any occupant of the Building or Park and shall cooperate to prevent same. 10. No person shall go on the roof without Landlord’s permission. 11. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building, to such a degree as to be objectionable to Landlord or other Tenants, shall be placed and maintained by Tenant, at Tenant’s expense, on vibration eliminators or other devices sufficient to eliminate noise or vibration. 12. All goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnight. 13. Tractor trailers which must be unhooked or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in the auto parking areas of the Park or on streets adjacent thereto. 14. Forklifts which operate on asphalt paving areas shall not have solid rubber tires and shall only use tires that do not damage the asphalt.

Appears in 1 contract

Sources: Lease Agreement (Nuance Communications)

Lease Provisions; Conflict. The terms and provisions of the Lease, insofar as they are applicable, in whole or in part, to this Exhibit B, are hereby incorporated herein by reference, and specifically including all of the provisions of Section 29 31 of the Lease. In the event of any conflict between the terms of the Lease and this Exhibit B, the terms of this Exhibit B shall prevail. Any amounts payable by Tenant to Landlord hereunder shall be deemed to be Additional Rent under the Lease and, upon any default in the payment of same, Landlord shall have all rights and remedies available to it as provided for in the Lease. This exhibit, entitled "Rules & Regulations", is and shall constitute Exhibit C to that certain Lease Agreement dated June 1121, 2004 2000 (the "Lease"), by and between WILLOW PARK HOLDING COMPANY IPRINCIPAL DEVELOPMENT INVESTORS, LLC, a Delaware limited liability company ("Landlord”), ") and NUANCE COMMUNICATIONSABAXIS, INC., a California corporation ("Tenant") for the leasing of certain premises located in Willow Crossroads Technology Park at Building TE, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇Union City, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ California (the "Premises"). The terms, conditions and provisions of this Exhibit C are hereby incorporated into and are made a part of the Lease. Any capitalized terms used herein and not otherwise defined herein shall have the meaning ascribed to such terms as set forth in the Lease: 1. No advertisement, picture or sign of any sort shall be displayed on or outside the Premises or the Building without the prior written consent of Landlord. Landlord shall have the right to remove any such unapproved item without notice and at Tenant’s 's expense. 2. Tenant shall not regularly park motor vehicles in designated parking areas after the conclusion of normal daily business activity. 3. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord without the prior written consent of Landlord. 4. All window coverings installed by Tenant and visible from the outside of the Building require the prior written approval of Landlord. 5. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises, the Building or the Park. 6. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlord. 7. Tenant agrees not to make any duplicate keys without the prior consent of Landlord. 8. Tenant shall park motor vehicles in those general parking areas as designated by Landlord except for loading and unloading. During those periods of loading and unloading, Tenant shall not unreasonably interfere with traffic flow within the Park and loading and unloading areas of other Tenants. 9. Tenant shall not disturb, solicit or canvas any occupant of the Building or Park and shall cooperate to prevent same. 10. No person shall go on the roof without Landlord’s 's permission. 11. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building, to such a degree as to be objectionable to Landlord or other Tenants, shall be placed and maintained by Tenant, at Tenant’s 's expense, on vibration eliminators or other devices sufficient to eliminate noise or vibration. 12. All goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnight. 13. Tractor trailers which must be unhooked or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in the auto parking areas of the Park or on streets adjacent thereto. 14. Forklifts which operate on asphalt paving areas shall not have solid rubber tires and shall only use tires that do not damage the asphalt.

Appears in 1 contract

Sources: Lease Agreement (Abaxis Inc)

Lease Provisions; Conflict. The terms and provisions of the Lease, insofar as they are applicable, in whole or in part, to this Exhibit EXHIBIT B, are hereby incorporated herein by reference, and specifically including all of the provisions of Section 29 31 of the Lease. In the event of any conflict between the terms of the Lease and this Exhibit EXHIBIT B, the terms of this Exhibit EXHIBIT B shall prevail. Any amounts payable by Tenant to Landlord hereunder shall be deemed to be Additional Rent under the Lease and, upon any default in the payment of same, Landlord shall have all rights and remedies available to it as provided for in the Lease. EXHIBIT C RULES AND REGULATIONS This exhibit, entitled "Rules & Regulations", is and shall constitute Exhibit EXHIBIT C to that certain Lease Agreement dated June 11for reference purposes as of March 26, 2004 1999 (the "Lease"), by and between WILLOW PARK HOLDING COMPANY ILINCOLN-RECP CM-ES OPCO, LLC, a Delaware limited liability company ("Landlord"), and NUANCE COMMUNICATIONSExodus Communications, INCInc., a California Delaware corporation ("Tenant”) "), for the leasing of certain premises located in Willow Park at Building T, 1▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇El Segundo, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ California (the "Premises"). The terms, conditions and provisions of this Exhibit EXHIBIT C are hereby incorporated into and are made a part of the Lease. Any capitalized terms used herein and not otherwise defined herein shall have the meaning ascribed to such terms as set forth in the Lease:. 1. No advertisement, picture Tenant shall not suffer or sign permit the obstruction of any sort shall be displayed on or outside the Premises or the Building without the prior written consent of Landlord. Landlord shall have the right to remove any such unapproved item without notice Common Areas, including driveways, walkways and at Tenant’s expensestairways. 2. Tenant shall not regularly park motor vehicles Landlord reserves the right to refuse access to any persons Landlord in designated parking areas after good faith judges to be a threat to the conclusion safety, reputation, or property of normal daily business activitythe Park and its occupants. 3. Tenant shall not use make or permit any method of heating noise or air conditioning odors that annoy or interfere with other than that supplied by Landlord without Tenants or persons having business within the prior written consent of LandlordPark. 4. All window coverings installed by Tenant shall not keep animals or birds within the Park, and visible from shall not bring bicycles, motorcycles or other vehicles into areas not designated as authorized for the outside of the Building require the prior written approval of Landlordsame. 5. Tenant shall not usemake, keep suffer or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises, the Building or the Parklitter except in appropriate receptacles for that purpose. 6. Tenant shall not alter be responsible for the inappropriate use of any lock toilet rooms, plumbing or install other utilities. No foreign substances of any new locks or bolts on any door at the Premises without the prior consent of Landlordkind are to be inserted therein. 7. Tenant agrees shall not to make any duplicate keys without deface the prior consent walls, partitions or other surfaces of Landlordthe premises of the Park. 8. Tenant shall park motor vehicles in those general parking areas as designated by Landlord except return all keys at the termination of its tenancy and shall be responsible for loading and unloading. During those periods the cost of loading and unloading, Tenant shall not unreasonably interfere with traffic flow within the Park and loading and unloading areas of other Tenantsreplacing any keys that are lost. 9. Tenant No window coverings, shades or awnings shall not disturbbe installed or used by Tenant, solicit or canvas any occupant of the Building or Park and shall cooperate to prevent samewithout Landlord's written prior consent. 10. No person Tenant shall go on the roof without Landlord’s permissionnot suffer or permit smoking or carrying of lighted cigars or cigarettes in areas reasonably designated by Landlord or by applicable governmental agencies as non-smoking areas. 11. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may The Premises shall not be transmitted to the structure of the Building, to such a degree as to be objectionable to Landlord or other Tenants, shall be placed and maintained by Tenant, at Tenant’s expense, on vibration eliminators or other devices sufficient to eliminate noise or vibrationused for lodging. 12. All goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises comply with all safety, fire protection and shall not be left in parking or receiving areas overnightevacuation regulations established by any applicable governmental agency. 13. Tractor trailers which must be unhooked Landlord reserves the right to waive any one of these rules or parked with dolly wheels beyond the concrete loading areas must use steel plates regulations and/or as to any particular Tenant, and any such waiver shall not constitute a waiver of any other rule or wood blocks under the dolly wheels regulation or any subsequent application thereof to prevent damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in the auto parking areas of the Park or on streets adjacent theretoTenant. 14. Forklifts which operate on asphalt paving areas Tenant assumes all risks from theft or vandalism and agrees to keep its Premises locked as may be required. 15. Landlord reserves the right to make such other reasonable rules and regulations not inconsistent with the terms of this Lease as it may from time to time deem necessary for the appropriate operation and safety of the Park and its occupants. Tenant agrees to abide by these and such rules and regulations. 16. The maintenance, washing, waxing or cleaning of any vehicles in or about the Premises is prohibited. 17. There shall not be any outside storage of any equipment, property, furnishings, inventory or other goods in the areas surrounding the Building but within the Premises, except as expressly contemplated in Tenant's HMMP. EXHIBIT D HAZARDOUS MATERIALS DISCLOSURE CERTIFICATE - SAMPLE Your cooperation in this matter is appreciated. Initially, the information provided by you in this Hazardous Materials Disclosure Certificate is necessary for the Landlord (identified below) to evaluate and finalize a lease agreement with you as tenant. After a lease agreement is signed by you and the Landlord (the "Lease Agreement"), on an annual basis in accordance with the provisions of Section 29 of the signed Lease Agreement, you are to provide an update to the information initially provided by you in this certificate. The information contained in the initial Hazardous Materials Disclosure Certificate and each annual certificate provided by you thereafter will be maintained in confidentiality by Landlord subject to release and disclosure as required by (i) any lenders and owners and their respective environmental consultants, (ii) any prospective purchaser(s) of all or any portion of the property on which the Premises are located, (iii) Landlord to defend itself or its lenders, partners or representatives against any claim or demand, and (iv) any laws, rules, regulations, orders, decrees, or ordinances, including, without limitation, court orders or subpoenas. Any and all capitalized terms used herein, which are not otherwise defined herein, shall have solid rubber tires the same meaning ascribed to such term in the signed Lease Agreement. Any questions regarding this certificate should be directed to, and shall only use tires that do not damage when completed, the asphaltcertificate should be delivered to: Landlord: LINCOLN-RECP CM-ES OPCO, LLC c/o Legacy Partners Commercial, Inc. 3▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: Property Manager Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Name of Tenant: Exodus Communications, Inc., a Delaware corporation Mailing Address: 2▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Contact Person, Title and Telephone Number(s): ___________________________________________ Contact Person for Hazardous Waste Materials Management and Manifests and Telephone Number(s): ______________________________________________________________ Address of Premises: 1▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, El Segundo, California 90245 Length of Initial Term: One Hundred Twenty (120) months 1. GENERAL INFORMATION: Describe the initial proposed operations to take place in, on, or about the Premises, including, without limitation, principal products processed, manufactured or assembled services and activities to be provided or otherwise conducted. Existing tenants should describe any proposed changes to on-going operations.

Appears in 1 contract

Sources: Lease Agreement (Exodus Communications Inc)

Lease Provisions; Conflict. The terms and provisions of the Lease, insofar as they are applicable, in whole or in part, to this Exhibit EXHIBIT B, are hereby incorporated herein by reference, and specifically including all of the provisions of Section 29 of the Lease. In the event of any conflict between the terms of the Lease and this Exhibit EXHIBIT B, the terms of this Exhibit EXHIBIT B shall prevail. Any amounts payable by Tenant to Landlord hereunder shall be deemed to be Additional Rent under the Lease and, upon any default in the payment of same, Landlord shall have all rights and remedies available to it as provided for in the Lease. This exhibit, entitled “Rules & Regulations”, EXHIBIT B-1 [PRELIMINARY SPACE PLANS] FINAL PLANS AND SPECIFICATIONS Reference is and shall constitute Exhibit C hereby made to that certain Lease Agreement dated June 11July 30, 2004 (the “Lease”), 1999 by and between WILLOW PARK HOLDING COMPANY IAETNA LIFE INSURANCE COMPANY, LLCa Connecticut corporation, as landlord ("LANDLORD"), and AFFYMETRIX, INC., a Delaware limited liability company corporation, as tenant (“Landlord”"TENANT"), ("LEASE AGREEMENT"). The Final Plans and NUANCE COMMUNICATIONSSpecifications (as defined in EXHIBIT B to the Lease Agreement) consists of the following described drawings, specifications and other documents: TITLE OF DRAWING, SPECIFICATION OR OTHER DOCUMENT DATE The Final Plans and Specifications have been initialed by both Landlord and Tenant and are on file with Landlord. INITIALS: LANDLORD _______ TENANT _______ EXHIBIT C COMMENCEMENT AND EXPIRATION DATE MEMORANDUM LANDLORD: AETNA LIFE INSURANCE COMPANY TENANT: AFFYMETRIX, INC. LEASE DATE: July 30, a California corporation (“Tenant”) for the leasing of certain premises located in Willow Park 1999 PREMISES: Located at Building T, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇Sunnyvale, ▇▇▇▇▇ ▇▇▇▇California Tenant hereby accepts the Premises as being in the condition required under the Lease, ▇▇▇with all Tenant Improvements completed (except for minor punchlist items which Landlord agrees to complete as set forth in the Lease). The Commencement Date of the Lease is hereby established as ___________, 199__ and the Expiration Date is______________, _____. TENANT: AFFYMETRIX, INC., a Delaware corporation By:________________________________ Print Name: ___________________________ Its: ________________________________ Approved and Agreed: LANDLORD: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation By: Allegis Realty Investors LLC Its Investment Advisor and Agent By:________________________________ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇(Vice President EXHIBIT D RULES AND REGULATIONS This exhibit, entitled "Rules and Regulations," is and shall constitute EXHIBIT D to the Lease Agreement, dated as of the Lease Date, by and between Landlord and Tenant for the Premises”). The terms, terms and conditions and provisions of this Exhibit C EXHIBIT D are hereby incorporated into and are made a part of the Lease. Any capitalized Capitalized terms used herein and used, but not otherwise defined herein shall defined, in this EXHIBIT D have the meaning meanings ascribed to such terms as set forth in the Lease:. 1. No advertisement, picture or sign of any sort shall be displayed on or outside the Premises or the Building without the prior written consent of Landlord. Landlord shall have the right to remove any such unapproved item without notice and at Tenant’s expense. 2. Tenant shall not regularly park motor vehicles in designated parking areas after the conclusion of normal daily business activity. 3. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord without the prior written consent of Landlord. 42. All window coverings installed by Tenant and visible from the outside of the Building building require the prior written approval of Landlord. 53. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises, except to the Building or extent that Tenant is permitted to use the Parksame under the terms of Paragraph 32 of the Lease. 64. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlord. 75. Tenant agrees shall not to make any duplicate keys without the prior consent of Landlord. 86. Tenant shall park motor vehicles in those general parking areas as designated by Landlord except for loading and unloading. During those periods of loading and unloading, Tenant shall not unreasonably interfere with traffic flow within around the Park Building or the Project and loading and unloading areas of other Tenantstenants. Tenant shall not park motor vehicles in the Parking Areas overnight (except to the extent that Tenant's employees are working in the Premises after-hours). 97. Tenant shall not disturb, solicit or canvas any tenant or other occupant of the Building or Park Project and shall cooperate to prevent same. 108. No person shall go on the roof without Landlord’s 's permission. 119. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building, to such a degree as to be objectionable to Landlord or other Tenantstenants, shall be placed and maintained by Tenant, at Tenant’s 's expense, on vibration eliminators or in noise-dampening housing or other devices sufficient to eliminate noise or vibration. 1210. All goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnight. 1311. Tractor trailers which must be unhooked or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in the auto parking areas of the Park Project or on streets adjacent thereto. 14. Forklifts which operate on asphalt paving areas shall not have solid rubber tires and shall only use tires that do not damage the asphalt.

Appears in 1 contract

Sources: Lease Agreement (Affymetrix Inc)

Lease Provisions; Conflict. The terms and provisions of the Lease, insofar as they are applicable, in whole or in part, to this Exhibit B, are hereby incorporated herein by reference, and specifically including all of the provisions of Section 29 of the Lease. In the event of any conflict between the terms of the Lease and this Exhibit B, the terms of this Exhibit B shall prevail. Any amounts payable by Tenant to Landlord hereunder shall be deemed to be Additional Rent under the Lease and, upon any default in the payment of same, Landlord shall have all rights and remedies available to it as provided for in the Lease. This exhibitPRELIMINARY PLANS EXHIBIT B-2 TENANT IMPROVEMENTS ALLOWANCE DISBURSEMENT MEMORANDUM LANDLORD: ▇▇▇▇▇▇▇ OFFICE PARK INVESTORS LLC TENANT: KYPHON INC. LEASE DATE: September 18, entitled “Rules & Regulations”, is and shall constitute Exhibit C to that certain Lease Agreement dated June 11, 2004 (the “Lease”), by and between WILLOW PARK HOLDING COMPANY I, LLC, a Delaware limited liability company (“Landlord”), and NUANCE COMMUNICATIONS, INC, a California corporation (“Tenant”) for the leasing of certain premises located in Willow Park 2003 PREMISES: Located at Building T, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ Tenant hereby confirms and acknowledges that Landlord has disbursed the Tenant Improvements Allowance in full and the restrictions contained in Paragraph 5(c)(iii) of Exhibit B to the Lease are hereby null and void. TENANT: KYPHON INC., a Delaware corporation By: Name: Title: EXHIBIT C COMMENCEMENT AND EXPIRATION DATE MEMORANDUM LANDLORD: ▇▇▇▇▇▇▇ (OFFICE PARK INVESTORS LLC TENANT: KYPHON INC. LEASE DATE: September 18, 2003 PREMISES: Located at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ Tenant hereby accepts the “Premises”)Premises as being in the condition required under the Lease. The termsCommencement Date of the Lease is hereby established as , 200 and the Expiration Date is , . TENANT: KYPHON INC., a Delaware corporation By: Name: Title: Approved and Agreed: LANDLORD: ▇▇▇▇▇▇▇ OFFICE PARK INVESTORS LLC, a Delaware limited liability company By: UBS Realty Investors LLC, a Massachusetts limited liability company, its Manager By: Name: Title: EXHIBIT D RULES AND REGULATIONS This exhibit, entitled “Rules and Regulations,” is and shall constitute Exhibit D to the Lease Agreement, dated as of the Lease Date, by and between Landlord and Tenant for the Premises. The terms and conditions and provisions of this Exhibit C D are hereby incorporated into and are made a part of the Lease. Any capitalized Capitalized terms used herein and used, but not otherwise defined herein shall defined, in this Exhibit D have the meaning meanings ascribed to such terms as set forth in the Lease:. 1. No advertisement, picture or sign of any sort shall be displayed on or outside the Premises or the Building without the prior written consent of Landlord. Landlord shall have the right to remove any such unapproved item without notice and at Tenant’s expense. 2. Tenant shall not regularly park motor vehicles in designated parking areas after the conclusion of normal daily business activity. 3. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord without the prior written consent of Landlord. 42. All window coverings installed by Tenant and visible from the outside of the Building building require the prior written approval of Landlord. 53. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises, except to the Building or extent that Tenant is permitted to use the Parksame under the terms of Paragraph 33 of the Lease. 64. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlordproviding Landlord with a key thereto. 7. Tenant agrees not to make any duplicate keys without the prior consent of Landlord. 85. Tenant shall park motor vehicles in those general parking areas as Parking Areas designated by Landlord except for loading and unloading. During those periods of loading and unloading, Tenant shall not unreasonably interfere with traffic flow within around the Park Buildings or the Project and loading and unloading areas of other Tenantstenants. Except for company vehicles, Tenant shall not park motor vehicles in designated Parking Areas after the conclusion of such day’s business activity for more than five (5) consecutive days. 96. Tenant shall not disturb, solicit or canvas any tenant or other occupant of the Building or Park Project and shall cooperate to prevent same. 107. No person shall go on the roof without Landlord’s permission; provided, however, that Tenant shall be permitted to go on the roof without Landlord’s permission as necessary to perform Tenant’s obligations under this Lease or to access the Dish. 118. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the BuildingBuildings, to such a degree as to be objectionable to Landlord or other Tenantstenants, shall be placed and maintained by Tenant, at Tenant’s expense, on vibration eliminators or in noise-dampening housing or other devices sufficient to eliminate noise or vibration. 129. All goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnight. 1310. Tractor trailers which must be unhooked or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in the auto parking areas of the Park Parking Areas or on streets adjacent thereto. 1411. Forklifts which operate on asphalt paving areas shall not have solid rubber tires and shall only use tires that do not damage the asphalt. 12. Tenant is responsible for the storage and removal of all trash and refuse. All such trash and refuse shall be contained in suitable receptacles stored behind screened enclosures at locations approved by Landlord. 13. Tenant shall not store or permit the storage or placement of goods or merchandise in or around the common areas surrounding the Premises. No displays or sales of merchandise shall be allowed in the parking lots or other common areas. 14. Tenant shall not permit any animals (except those required for persons with disabilities and except for laboratory animals in compliance with Laws), including, but not limited to, any household pets, to be brought or kept in or about the Premises, the Buildings, the Project or any of the common areas; provided, however, that if Tenant brings laboratory animals onto the Premises, then Tenant shall comply with such additional reasonable rules as Landlord shall promulgate to address odors and any other reasonable concerns of Landlord. EXHIBIT E FORM OF TENANT ESTOPPEL CERTIFICATE (herein “Tenant”) hereby certifies to and its successors and assigns that Tenant leases from (“Landlord”) approximately square feet of space (the “Premises”) in pursuant to that certain Lease Agreement dated September 18, 2003 by and between Landlord and Tenant, as amended by (collectively, the “Lease”), a true and correct copy of which is attached hereto as Exhibit A. Tenant hereby certifies to , that as of the date hereof: 1. The Lease is in full force and effect and has not been modified, supplemented or amended, except as set forth in the introductory paragraph hereof. 2. Tenant is in actual occupancy of the Premises under the Lease. To Tenant’s current actual knowledge, Landlord has performed all obligations under the Lease to be performed by Landlord to date, including, without limitation, completion of all tenant work required under the Lease and the making of any required payments or contributions therefor. Tenant is not entitled to any further payment or credit for tenant work. 3. The initial term of the lease commenced , and shall expire , . 4. Tenant has not paid any rentals or other payments more than one (1) month in advance except as follows: . 5. Base Rent and additional Rent have been paid through , . There currently exists no claims, defenses, rights of set-off or abatement to or against the obligations of Tenant to pay Base Rent or Additional Rent or relating to any other term, covenant or condition under the Lease. 6. To Tenant’s current actual knowledge, Landlord is not currently in default under the Lease and there are no events or conditions existing which, with or without notice or the lapse of time, or both, could constitute a default of Landlord under the Lease or entitle Tenant to offsets or defenses against the prompt payment of rent except as follows: . To Tenant’s current actual knowledge, Tenant is not in default under any of the terms and conditions of the lease nor is there now any fact or condition which, with notice or lapse of time or both, will become such a default.

Appears in 1 contract

Sources: Lease Agreement (Kyphon Inc)

Lease Provisions; Conflict. The terms and provisions of the Lease, insofar as they are applicable, in whole or in part, to this Exhibit EXHIBIT B, are hereby incorporated herein by reference, and specifically including all of the provisions of Section 29 of the Lease. In the event of any conflict between the terms of the Lease and this Exhibit EXHIBIT B, the terms of this Exhibit EXHIBIT B shall prevail. Any amounts payable by Tenant to Landlord hereunder shall be deemed to be Additional Rent under the Lease and, upon any default in the payment of same, Landlord shall have all rights and remedies available to it as provided for in the Lease. This exhibit, entitled “Rules & Regulations”, EXHIBIT B-1 FINAL PLANS AND SPECIFICATIONS FOR TENANT IMPROVEMENTS Reference is and shall constitute Exhibit C hereby made to that certain Lease Agreement dated June 11February 20, 2004 (the “Lease”), 1998 by and between WILLOW PARK HOLDING COMPANY I, LLCAETNA LIFE INSURANCE COMPANY, a Delaware limited liability company Connecticut corporation, as landlord (“Landlord”"LANDLORD"), and NUANCE COMMUNICATIONSCLASSIFIEDS2000, INC., a California corporation corporation, as tenant (“Tenant”"TENANT") for ("LEASE Agreement"). The Final Plans and Specifications (as defined in EXHIBIT B to the leasing Lease Agreement) consists of certain premises located in Willow Park the following described drawings, specifications and other documents: Title of Drawing, Specification or Other Document Date The Final Plans and Specifications have been initialed by both Landlord and Tenant and are on file with Landlord. Initials: Landlord _______ Tenant _______ EXHIBIT C COMMENCEMENT AND EXPIRATION DATE MEMORANDUM LANDLORD: AETNA LIFE INSURANCE COMPANY TENANT: CLASSIFIEDS2000, INC. LEASE DATE: February 20, 1998 PREMISES: Located at Building T, 955 ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ Tenant hereby accepts the Premises as being in the condition required under the Lease, with all Tenant Improvements completed (except for minor punchlist items which Landlord agrees to complete). Landlord has expended _________________________ Dollars ($____________) of the Tenant Improvements Allowance pursuant to EXHIBIT B of the Lease in connection with the planning, design and construction of the Tenant Improvements. The balance of the Tenant Improvements Allowance, _________________________ Dollars ($____________), is available for application by Tenant toward the cost of Alterations in accordance with Paragraph 5(b) of said EXHIBIT B. The Commencement Date of the Lease is hereby established as , 1998 and the Expiration Date is , 2003. TENANT: CLASSIFIEDS2000, INC. a California corporation By: _____________________________________ Print Name: _____________________________ Its: ____________________________________ Approved and Agreed: LANDLORD: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation By: Allegis Realty Investors LLC Its Investment Advisor and Agent By: __________________________________ Cynt▇▇▇ ▇▇▇▇▇▇▇▇ (Vice President EXHIBIT D RULES AND REGULATIONS This exhibit, entitled "Rules and Regulations," is and shall constitute Exhibit D to the Lease Agreement, dated as of the Lease Date, by and between landlord and Tenant for the Premises”). The terms, terms and conditions and provisions of this Exhibit C D are hereby incorporated into and are made a part of the Lease. Any capitalized Capitalized terms used herein and used, but not otherwise defined herein shall defined, in this Exhibit D have the meaning meanings ascribed to such terms as set forth in the Lease:. 1. No advertisement, picture or sign of any sort shall be displayed on or outside the Premises or the Building without the prior written consent of Landlord. Landlord shall have the right to remove any such unapproved item without notice and at Tenant’s expense. 2. Tenant shall not regularly park motor vehicles in designated parking areas after the conclusion of normal daily business activity. 3. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord without the prior written consent of Landlord. 42. All window coverings installed by Tenant and visible from the outside of the Building building require the prior written approval of Landlord. 53. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises, except to the Building or extent that Tenant is permitted to use the Parksame under the terms of Paragraph 33 of the Lease. 64. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlord. 75. Tenant agrees shall not to make any duplicate keys without the prior consent of Landlord. 86. Tenant shall park motor vehicles in those general parking areas as designated by Landlord except for loading and unloading. During those periods of loading and unloading, Tenant shall not unreasonably interfere with traffic flow within around the Park Building or the Project and loading and unloading areas of other Tenantstenants. Tenant shall not park motor vehicles in designated parking areas after the conclusion of normal daily business activity. 97. Tenant shall not disturb, solicit or canvas any tenant or other occupant of the Building or Park Project and shall cooperate to prevent same. 108. No person shall go on the roof without Landlord’s 's permission. 119. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building, to such a degree as to be objectionable to Landlord or other Tenantstenants, shall be placed and maintained by Tenant, at Tenant’s 's expense, on vibration eliminators or in noise-dampening housing or other devices sufficient to eliminate noise or vibration. 12▇▇. All ▇▇l goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnight. 1311. Tractor trailers which must be unhooked or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in the auto parking areas of the Park Project or on streets adjacent thereto. 14. Forklifts which operate on asphalt paving areas shall not have solid rubber tires and shall only use tires that do not damage the asphalt.

Appears in 1 contract

Sources: Lease Agreement (General Magic Inc)

Lease Provisions; Conflict. The terms and provisions of the Lease, insofar as they are applicable, in whole or in part, to this Exhibit B, are hereby incorporated herein by reference, and specifically including all of the provisions of Section 29 of the Lease. In the event of any conflict between the terms of the Lease and this Exhibit B, the terms of this Exhibit B shall prevail. Any amounts payable by Tenant to Landlord hereunder shall be deemed to be Additional Rent under the Lease and, upon any default in the payment of same, Landlord shall have all rights and remedies available to it as provided for in the Lease. This exhibit, entitled “Rules & Regulations”, EXHIBIT B-1 FINAL PLANS AND SPECIFICATIONS Reference is and shall constitute Exhibit C hereby made to that certain Lease Agreement dated June 11January 14, 2004 (the “Lease”), 2000 by and between WILLOW PARK HOLDING COMPANY IAETNA LIFE INSURANCE COMPANY, LLCa Connecticut corporation, as landlord ("LANDLORD"), and STANFORD MICRODEVICES, INC., a Delaware limited liability company corporation, as tenant ("TENANT") ("LEASE AGREEMENT"). The Final Plans and Specifications (as defined in Exhibit B to the Lease Agreement) consists of the following described drawings, specifications and other documents: Title of Drawing, Specification or Other Document Date The Final Plans and Specifications have been initiated by both Landlord and Tenant and are on file with Landlord”), and NUANCE COMMUNICATIONS. INITIALS: ________________ ______________ Landlord Tenant EXHIBIT C COMMENCEMENT AND EXPIRATION DATE MEMORANDUM LANDLORD: AETNA LIFE INSURANCE COMPANY TENANT: STANFORD MICRODEVICES, INC. LEASE DATE: January 14, a California corporation (“Tenant”) for the leasing of certain premises located in Willow Park 2000 PREMISES: Located at Building T, 726 ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ Tenant hereby accepts the Premises as being in the condition required under the Lease, with all Tenant Improvements completed (except for minor punchlist items which Landlord agrees to complete). The Commencement Date of the Lease is hereby established as ___________, ________ and the Expiration Date is ____________________, ______. TENANT: STANFORD MICRODEVICES, INC., a Delaware corporation By: ___________________________ Name:__________________________ Title:_________________________ Approved and Agreed: LANDLORD: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation, By: UBS Brin▇▇▇ ▇▇▇lty Investors LLC its Investment Advisor and Agent By:_______________________________ Cynt▇▇▇ ▇▇▇▇▇▇▇▇ (Vice President EXHIBIT D RULES AND REGULATIONS This exhibit, entitled "Rules and Regulations," is and shall constitute Exhibit D to the Lease Agreement, dated as of the Lease Date, by and between landlord and Tenant for the Premises”). The terms, terms and conditions and provisions of this Exhibit C D are hereby incorporated into and are made a part of the Lease. Any capitalized Capitalized terms used herein and used, but not otherwise defined herein shall defined, in this Exhibit D have the meaning meanings ascribed to such terms as set forth in the Lease:. 1. No advertisement, picture or sign of any sort shall be displayed on or outside the Premises or the Building without the prior written consent of Landlord. Landlord shall have the right to remove any such unapproved item without notice and at Tenant’s expense. 2. Tenant shall not regularly park motor vehicles in designated parking areas after the conclusion of normal daily business activity. 3. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord without the prior written consent of Landlord. 42. All window coverings installed by Tenant and visible from the outside of the Building building require the prior written approval of Landlord. 53. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises, except to the Building or extent that Tenant is permitted to use the Parksame under the terms of Paragraph 32 of the Lease. 64. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlord. 75. Tenant agrees shall not to make any duplicate keys without the prior consent of Landlord. 86. Tenant shall park motor vehicles in those general parking areas as designated by Landlord except for loading and unloading. During those periods of loading and unloading, Tenant shall not unreasonably interfere with traffic flow within around the Park Building or the Project and loading and unloading areas of other Tenantstenants. Tenant shall not park motor vehicles in designated parking areas after the conclusion of normal daily business activity. 97. Tenant shall not disturb, solicit or canvas any tenant or other occupant of the Building or Park Project and shall cooperate to prevent same. 108. No person shall go on the roof without Landlord’s 's permission. 119. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building, to such a degree as to be objectionable to Landlord or other Tenantstenants, shall be placed and maintained by Tenant, at Tenant’s 's expense, on vibration eliminators or in noise-dampening housing or other devices sufficient to eliminate noise or vibration. 1210. All goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnight. 1311. Tractor trailers which must be unhooked or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in the auto parking areas of the Park Project or on streets adjacent thereto. 14. Forklifts which operate on asphalt paving areas shall not have solid rubber tires and shall only use tires that do not damage the asphalt.

Appears in 1 contract

Sources: Lease Agreement (Stanford Microdevices Inc)

Lease Provisions; Conflict. The terms and provisions of the Lease, insofar as they are applicable, in whole or in part, to this Exhibit B, are hereby incorporated herein by reference, and specifically including all of the provisions of Section 29 31 of the Lease. In the event of any conflict between the terms of the Lease and this Exhibit B, the terms of this Exhibit B shall prevail. Any amounts payable by Tenant Lessee to Landlord Lessor hereunder shall be deemed to be Additional Rent under the Lease and, upon any default in the payment of same, Landlord Lessor shall have all rights and remedies available to it as provided for in the Lease. This exhibitExhibit B Page 3 LESSOR: LINCOLN PROPERTY COMPANY NO. 2106 LIMITED PARTNERSHIP, entitled “Rules & Regulations”, is and shall constitute Exhibit C to that certain Lease Agreement dated June 11, 2004 (the “Lease”), by and between WILLOW PARK HOLDING COMPANY I, LLC, a Delaware limited liability company (“Landlord”), and NUANCE COMMUNICATIONS, INC, a California corporation (“Tenant”) for the leasing of certain premises located in Willow Park at Building T, A CALIFORNIA LIMITED PARTNERSHIP By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇ -------------------------------------------- ▇▇▇▇ ▇. ▇▇▇▇▇▇, a Managing General Partner Date: 11/29/95 -------------------------------------------- LESSEE: ▇▇▇▇▇ ▇▇▇INDUSTRIES, INC., A CALIFORNIA CORPORATION By: /s/ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “Premises”). The terms, conditions and provisions of this Exhibit -------------------------------------------- Title: Senior V.P. - CFO -------------------------------------------- Date: 11/21/95 -------------------------------------------- EXHIBIT C are hereby incorporated into and are made a part of the Lease. Any capitalized terms used herein and not otherwise defined herein shall have the meaning ascribed to such terms as set forth in the Lease:RULES AND REGULATIONS 1. No advertisement, picture or sign of any sort shall be displayed on or outside the Premises or the Building without the prior written consent of Landlord. Landlord shall have Lessor reserves the right to remove refuse access to any such unapproved item without notice persons Lessor in good faith judges to be a threat to the safety, reputation, or property of the Project and at Tenant’s expenseits occupants. 2. Tenant Lessee shall not regularly park motor keep animals or birds within the Project, and shall not bring bicycles, motorcycles or other vehicles in into areas not designated parking areas after as authorized for the conclusion of normal daily business activitysame. 3. Tenant Lessee shall not make, suffer or permit litter except in appropriate receptacles for that purpose. 4. Lessee shall be responsible for the inappropriate use of any toilet rooms, plumbing or other utilities. No foreign substances of any kind are to be inserted therein. 5. Lessee shall not deface the walls, partitions or other surfaces of the premises of the Project. 6. Lessee shall not suffer or permit any thing in or around the Premises or Building that causes excessive vibration or floor loading in any part of the Project. 7. Lessee shall return all keys at the termination of its tenancy. 8. No window coverings, shades or awnings shall be installed or used by Lessee, without Lessor's written prior consent, subject to the provisions of the Lease. 9. No Lessee, employee or Invitee shall go upon the roof of the Building without Lessor's written prior consent. 10. Lessee shall not suffer or permit smoking or carrying of lighted cigars or cigarettes in areas reasonably designated by Lessor or by applicable governmental agencies as non-smoking areas. 11. Lessee shall not use any method of heating or air conditioning other than that supplied as reasonably approved by Landlord without the prior written consent of Landlord. 4. All window coverings installed by Tenant and visible from the outside of the Building require the prior written approval of Landlord. 5. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises, the Building or the Park. 6. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlord. 7. Tenant agrees not to make any duplicate keys without the prior consent of Landlord. 8. Tenant shall park motor vehicles in those general parking areas as designated by Landlord except for loading and unloading. During those periods of loading and unloading, Tenant shall not unreasonably interfere with traffic flow within the Park and loading and unloading areas of other Tenants. 9. Tenant shall not disturb, solicit or canvas any occupant of the Building or Park and shall cooperate to prevent same. 10. No person shall go on the roof without Landlord’s permission. 11. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building, to such a degree as to be objectionable to Landlord or other Tenants, shall be placed and maintained by Tenant, at Tenant’s expense, on vibration eliminators or other devices sufficient to eliminate noise or vibrationLessor. 12. All goods, including material used to store goods, delivered to the The Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnightused for lodging. 13. Tractor trailers which must be unhooked Lessee shall comply with all safety, fire protection and evacuation regulations reasonably established by Lessor or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in the auto parking areas of the Park or on streets adjacent theretoany applicable governmental agency. 14. Forklifts which operate on asphalt paving Lessee assumes all risks from theft or vandalism and agrees to keep its Premises locked as may be required. 15. Lessor reserves the right to make such other reasonable rules and regulations as it may from time to time deem necessary for the appropriate operation and safety of the Project and its occupants. Lessee agrees to abide by these and such rules and regulations. PARKING RULES l. Users of the parking area will obey all posted signs and park only in the areas shall not have solid rubber tires and shall only use tires that do not damage the asphaltdesignated for vehicle parking.

Appears in 1 contract

Sources: Lease Agreement (Burke Industries Inc /Ca/)