Common use of Leased Premises Clause in Contracts

Leased Premises. (a) Landlord, in consideration of the rent to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 4 contracts

Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.), Lease (Impossible Kicks Holding Company, Inc.), Lease Agreement (Impossible Kicks Holding Company, Inc.)

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Leased Premises. (a) LandlordSubject to and upon the terms hereinafter set forth, in consideration of the rent to be paid and the covenants to be performed by Xxxxxx, Landlord does hereby lease and demise and lease unto to Tenant, and Tenant does hereby rents lease and hires take from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if anyLeased Premises. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth The initial Leased Premises are described in Exhibit A attached hereto and made a part hereofin the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and that to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed malldedicated Parking Areas, if any, identified on the Lease Supplements and which may vary at each level the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the regional retail developmentProperty, together with and their respective employees and invitees), the enclosed mall, if any, (whether or not shaded or hatched). The approximate location balance of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises Parking Areas and all the other Common Areas (herein referred to as the “excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises” or “Premises”) are described as set forth in , but including risers wherever located throughout the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. Buildings); (b) The exterior walls all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Leased Premises and the area beneath said Premises are not demised hereunderBuilding, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts portions of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront Property located outside of the Leased Premises, and an easement above Tenant’s finished ceiling pursuant to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 3.5 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 3 contracts

Samples: Master Lease Agreement (KBS Real Estate Investment Trust, Inc.), Master Lease Agreement (Gramercy Capital Corp), Master Lease Agreement (Gramercy Capital Corp)

Leased Premises. (a) Landlord, in consideration of the rent to be paid A. Premises and the covenants to be performed by Xxxxxx, Building --------------------- Landlord does hereby demise and lease unto Tenant, to Tenant and Tenant does hereby rents and hires rent from Landlord, Landlord those certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the regional retail development shown on Exhibit ABuilding known as 000 Xxxx Xxxxx Xxxxx, subject to covenantsXxx Xxxxx, restrictions and easements of record, Xxxxxxxxxxx 00000 (hereinafter called the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees "Building"). The legal description of the Anchor Store Site(s), and land on which the terms and provisions of Building is situated (the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which "Land") is set forth in Exhibit A on EXHIBIT A-1 attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or Tenant. B. Parking ------- Throughout the Term, Landlord shall provide 2.67 unreserved parking spaces in the parking lot located on the Property for every 1,000 rentable square feet of the Premises. Landlord may increase, reduce or change (in any manner whatsoever) the dimensions or locations of the parking facility as Landlord shall deem proper, including the increasing or decreasing the number of parking spaces, provided however, that in the event Landlord reduces the number of parking spaces, other than in accordance with Paragraph 18 hereof, and that Tenant shall continue to receive the term “Shopping Center” shallnumber of spaces provided , except as otherwise specifically provided herein, mean and refer pursuant to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as ratio set forth in the Data Sheet attached heretoimmediately preceding sentence. As used Said parking spaces may not be assigned, transferred or in this Leaseany way encumbered except in conjunction with a Landlord approved be assignment or subletting pursuant to Section 13 hereof. The parking spaces are for the sole use and occupancy of Tenant, its employees, agents and business invitees. Landlord shall have the term “State” shall mean right, from time to time, to change the state or commonwealth in which the Shopping Center is located. (b) The exterior walls area, level and the roof arrangement of the Leased Premises parking areas and the area beneath to change parking access routes. Tenant agrees that no such change, nor any temporary unavailability of any of said Premises are not demised hereunderparking spaces shall constitute an actual or constructive eviction, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roofin whole or in part, or entitle Tenant to the bottom any abatement or diminution of the floor deck above the Leased Premises"Rent," as defined herein, for general access purposes and in connection with the exercise or relieve Tenant from any of Landlord’s other rights its obligations under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 3 contracts

Samples: Lease Agreement (DSL Net Inc), Lease Agreement (DSL Net Inc), Lease Agreement (DSL Net Inc)

Leased Premises. (a) LandlordSubject to and upon the terms hereinafter set forth, in consideration of the rent to be paid and the covenants to be performed by Xxxxxx, Landlord does hereby lease and demise and lease unto to Tenant, and Tenant does hereby rents lease and hires take from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if anyLeased Premises. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth The initial Leased Premises are described in Exhibit A attached hereto and made a part hereofin the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and that to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed malldedicated Parking Areas, if any, identified on the Lease Supplements and which may vary at each level the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the regional retail developmentProperty, together with and their respective employees and invitees), the enclosed mall, if any, (whether or not shaded or hatched). The approximate location balance of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises Parking Areas and all the other Common Areas (herein referred to as the “excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises” or “Premises”) are described as set forth in , but including risers wherever located throughout the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. Buildings); (b) The exterior walls all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Project, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Project; and (c) all other rights and benefits provided to Tenant with respect to the Project pursuant to this Lease (including the rights granted to Tenant to use the roof of the Leased Premises and the area beneath said Premises are not demised hereunderBuilding, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts portions of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront Project located outside of the Leased Premises, and an easement above Tenant’s finished ceiling pursuant to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 3.5 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 3 contracts

Samples: Master Lease Agreement (Gramercy Capital Corp), Master Lease Agreement (Gramercy Capital Corp), Master Lease Agreement (American Financial Realty Trust)

Leased Premises. (a) Landlord, in consideration of the rent Pursuant to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with hereof, the owners or lessees of Board hereby leases, grants, demises and transfers the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer Premises to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched)Corporation. The approximate location Board hereby agrees to make all parcels of real property on which the Series 2010C Project is sited part of the Premises leased and subject to Tenant hereunder is shown in Exhibit A. this Ground Lease. The leased premises (herein referred Board shall execute, deliver and record one or more supplements to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is locatedGround Lease upon acquisition of each such parcel. (b) The exterior walls aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the roof Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Leased Premises and Servient Property (e.g., the area beneath said Premises are Servient Property Rights shall include, but not demised hereundernecessarily be limited to, and the use thereofright to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to locate"tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2010C Project may contain certain elements, features or parts which are structural elements of both vertically the Servient Buildings and horizontallythe Series 2010C Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, install, maintain, use, repair and replace pipes, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, fluespipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2010C Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, refrigerant linesdirectly or indirectly, drainsin any way, sprinkler mains service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2010C Project and valvesthe Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, access panelswithout limitation, wires the roof covering, roof trim and structural elements leading through roof drainage fixtures (collectively, the Leased Premises serving other parts "Roofing") to the extent interrelated between the Series 2010C Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the regional retail developmentProject extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2010C Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2010C Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2010C Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2010C Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2010C Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto Landlord. Landlord reserves an easement inthe Board) for the continued use, over benefit and through the area occupied by the storefront enjoyment and continued support, service, maintenance and repair of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Leaseall such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The attached site plan Board represents and warrants that none of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown Permitted Encumbrances has an adverse effect on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions use of the Shopping Center which Landlord may from time to time sell Premises or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition enjoyment of the Shopping Center for purposes of leasehold estate therein created under this Ground Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 2 contracts

Samples: Ground Lease Agreement, Ground Lease Agreement

Leased Premises. (a) Landlord, in consideration The Landlord hereby leases to the Tenant all those premises consisting of approximately 25,913 rentable square feet of space on part of the rent to be paid first floor and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees part of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises second floor (herein referred to as called the “Leased Premises” or “Premises”) are described of the building known municipally as set forth 000 Xxxxx Xxx Drive (herein called the “Building”) in the Data Sheet attached City of Ottawa (formerly Kanata) which said building is erected on the lands (herein called the “Lands”) described in Schedule “A” annexed hereto. As The rentable area of the Leased Premises shall be increased by the amount of rentable area used by the Tenant in this Leasethe Building other than in the Leased Premises for any special HVAC, ducting, exhaust equipment or other thing serving the term Leased Premises (the State” shall mean Additional Rentable Area”). The Leased Premises are more particularly outlined on the state or commonwealth in which floor plan annexed hereto and marked Schedule “B”. The parties acknowledge that the Shopping Center is located. (b) The exterior walls and foregoing calculation of the roof area of the Leased Premises and Building has been estimated only and that the actual area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through of the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied Building shall be subject to certification by the storefront Landlord’s architect. On or before the date so stipulated for possession of the Leased Premises, and an easement above Tenantor within a reasonable time thereafter, the Landlord shall provide a letter or certificate of measurement from the Landlord’s finished ceiling to architect verifying the roof, or to the bottom square footage of the floor deck above the Leased Premises, for general access purposes the Additional Rentable Area and Building in connection accordance with ANSI BOMA Z65.1-1996. The areas established in the exercise certificate shall be final and binding upon the parties. As represented by Landlord, the Building has an approximate rentable area of Landlord’s other rights under this Lease. Sixty-Seven Thousand Four Hundred Twenty-Eight (c67,428) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereonsquare feet, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may change from time to time sell as a result of alterations, modifications, deletions or lease for additions made by the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time at which time a new certificate will be issued by the Landlord’s architect and it will be binding on the parties. The Leased Premises shall be delivered to include within and/or to exclude from Tenant on an “as is and seen” basis observed on the defined Shopping Center date of signature by the Tenant of this Lease, including existing leasehold improvements, fixtures and all existing mechanical and electrical improvements. Furthermore, the Leased Premises shall be free and clear of any existing or future areasitems of furniture, chattels and the floor area other personal property of the Shopping Center previous tenant and shall be accordingly adjustedin a broom-clean condition.

Appears in 2 contracts

Samples: Lease Agreement (Coley Pharmaceutical Group, Inc.), Lease Agreement (Coley Pharmaceutical Group, Inc.)

Leased Premises. (a) LandlordSubject to and upon the terms, in consideration of the rent to be paid provisions, covenants and the covenants to be performed by Xxxxxxconditions hereinafter set forth, Landlord does hereby lease, demise and lease unto Tenant, let to Tenant and Tenant does hereby rents lease, demise and hires let from Landlord, Landlord those certain premises (the "Premises") in the regional retail development building known as Claire's Corporate Plaza, located at 3 SW 129th Avenue, Pembroke Pines, Florida (said building together xxxx xxx xxxxxxxxx xxxxxxx xxx xxxxxxx xxxilities owned by Landlord are collectively referred to as the "Building" as shown on Exhibit "A" attached hereto), subject to covenants, restrictions and easements of record, such Premises being more particularly described on the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees floor plan of the Anchor Store Site(s), Premises attached hereto as Exhibit "A-1" comprising portions of the first and second floors and the terms and provisions entirety of the underlying lease, if any. It is agreed that third and fourth floors excepting the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto cross hatched area) and made a part hereof, identified by the signature or initials of Landlord and that the Tenant. The term “Shopping Center” shall, except "Rentable Area" as otherwise specifically provided herein, mean and used herein shall refer to (i) in the hatched case of a single tenancy floor, all space measured from the inside surface of the outer glass of the Building to the inside surface of the opposite outer glass, excluding only the areas within the outside glass used for building stairs, fire towers, elevator shafts, flues, vents, pipe shafts and vertical ducts, but including any such areas which are for the shaded specific use of the particular tenant, such as special stairs or elevators, and (ii) in the case of a multi-tenancy floor, all space within the inside surface of the outer glass enclosing tenant occupied portions of the floor and measured to the midpoint of the walls separating such site plan which portions from time areas leased by or held for lease to time open directly other tenants. No deductions from Rentable Areas are made for columns or projections necessary to the Building. The Rentable Areas for the Premises and for the Building have been calculated on the enclosed mall, if any, and which may vary at each level basis of the regional retail developmentforegoing definition and are hereby stipulated for all purposes hereof to be approximately 35,470 square feet as to the Premises, together with whether the enclosed mall, if any, (whether same should be more or not shaded or hatched). The approximate location less as a result of variations resulting from actual construction and completion of the Premises leased for occupancy, and 47,190 square feet as to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to the Building whether same should be more or less as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof a result of variations resulting from actual construction of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this LeaseBuilding. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 2 contracts

Samples: Office Lease Agreement (BMS Distributing Corp.), Office Lease Agreement (Claires Stores Inc)

Leased Premises. (a) LandlordLessor hereby leases to Lessee and Lessee hereby leases from Lessor, in consideration a portion of the rent to be paid and the covenants to be performed by building located at 0 XXXXX XXXXX, Xxxxxx, does hereby demise and lease unto TenantXxxxxxxxx Xxxxxx, and Tenant hereby rents and hires from LandlordXxxxxxxxxxxxx, those certain premises in the regional retail development known as Unit two containing approximately 12,678 rentable square feet, as more particularly shown on Exhibit A, subject to covenantsannexed hereto, restrictions excepting there from space for pipes, ducts, air shafts, wires, meters, conduits, and easements of record, the terms appurtenant fixtures and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees equipment serving other parts of the Anchor Store Site(s), and building of which the terms and provisions of the underlying lease, if anyLeased Premises are a part. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises Said leased to Tenant hereunder is shown in Exhibit A. The leased premises (area being herein referred to as the “Leased Premises” or “Premises”) are described as set forth and all to be contained in the Data Sheet attached hereto. As used in this Leasebuilding known as 0 XXXXX XXXXX, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. XXXXXX, Xxxxxxxxxxxxx (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter sometimes referred to as the “Anchor Store Site(s)” and/or Building”) on that certain plot, piece or parcel of land more fully described on Exhibit B to this Lease, attached to and made a part of this Lease. (The Building and the above described land may be referred to collectively as the Anchor Store(s),” unless otherwise specifically set forthProperty”.) To have and to hold the Leased Premises, subject to the agreements, terms and conditions herein contained, for the Term of this Lease as defined in Article 4. It is agreed thatLessee shall have access to the Building and the Leased Premises 24 hours per day, wherever seven days per week, 52 weeks per year. Lessor shall deliver the term “Shopping Center” is used hereinLeased Premises, it Building and all Building systems, including HVAC, fixed laboratory improvements and trade fixtures, in good repair and working order. The Leased Premises shall be deemed to exclude delivered professionally cleaned. Further, Lessor shall promptly repair, at its expense and without pass through as an Operating Expense, the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions structural soundness of the Shopping Center which Landlord may from time roof, the structural soundness of the foundation, and the structural soundness of the exterior walls, doors and windows of the Building (including the foundations, footings, exterior walls, and structural steel columns and girders). Lessee will have access to time sell or lease the Leased Premises no less than five (5) business days prior to the Commencement Date for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof)installing furniture, which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor storefixtures, and which, at Landlord’s option, may be excluded from equipment and inspecting the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjustedProperty.

Appears in 2 contracts

Samples: Lease Agreement (Allurion Technologies Holdings, Inc.), Lease Agreement (Allurion Technologies Holdings, Inc.)

Leased Premises. Landlord has constructed or intends to construct certain improvements on a certain tract or parcel of land located on West End Avenue in Nashville, Davidson County, Tennessee, and more particularly described in Exhibit A-1, attached hereto and incorporated herein by this reference (athe “Land”). The certain improvements including an office building with a retail area included within it currently known as 2000 Xxxx Xxx Xxxxxx (the “Building”) Landlordand the Parking Facility (as defined herein). The Building, the Parking Facility, and the Land together with all common areas not specifically made a part of the Building or the Parking Facility, and all other improvements from time to time located thereon or related thereto are hereinafter collectively referred to as the “Project.” Subject to and upon the terms hereinafter set forth, and in consideration of the rent to be paid sum of Ten Dollars ($10.00), the premises, and the mutual covenants to be performed by Xxxxxxset forth herein, the receipt and sufficiency of which are hereby acknowledged, Landlord does hereby lease and demise and lease unto Tenant, to Tenant and Tenant does hereby rents lease and hires take from LandlordLandlord (subject to all matters of record in Davidson County, Tennessee, that affect the Project) those certain premises (hereinafter sometimes called the “Leased Premises”) located in the regional retail development Building as shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided incorporated herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly Leased Premises being more particularly described as follows: Approximately 6,341 RSF on the enclosed mall, if any, and which may vary at each level ninth (9th) Floor of the regional retail developmentBuilding and as generally described or depicted on Exhibit B, together with the enclosed mall, if any, (whether or not shaded or hatched)attached hereto and incorporated herein. The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of accepts the Leased Premises and the area beneath said Premises are “AS-IS.” Landlord has not demised hereunder, and the use thereof, together with the right undertaken to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling perform any alteration or improvement to the roof, or to the bottom of the floor deck above the Leased Lease Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 2 contracts

Samples: Office Lease Agreement (Cumberland Pharmaceuticals Inc), Office Lease Agreement (Cumberland Pharmaceuticals Inc)

Leased Premises. (a) Landlord, in consideration of the rent Landlord hereby leases to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents hires and hires takes from Landlord, those certain the premises known as Suite C3-6 in their “AS IS CONDITION” (the regional retail development shown “Leased Premises”), located at Parcel Nos. 18A-1 Remainder, 18B-1 Remainder and 18B Remainder Estate Sxxxx Bay, Nos. 1, 2 and 3 Red Hook Quarter, St. Txxxxx, U.S. Virgin Islands on Exhibit Athe property known as AMERICAN YACHT HARBOR, subject to covenantsSt. Txxxxx, restrictions and easements of record, U.S. Virgin Islands (the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s“Property”), and the terms as described and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown more particularly on the site plan which is set forth in Exhibit A attached hereto and made a part apart hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer which premises extend to the hatched and interior of the shaded portions exterior face of such site plan which portions from time to time open directly on the enclosed mall, if anyall exterior walls, and to the center line of those walls separating the Lased Premises from other premises in AMERICAN YACHT HARBOR, which may vary at each level Leased Premises, Landlord and Tenant hereby agree, shall be deemed to consist of a Floor Space of ONE THOUSAND ONE HUNDRED SEVENTEEN (1,117) (more or less) square feet for all purposes of this Lease; Subject to and with the benefit of the regional retail developmentterms, together covenants, conditions and provisions of this Lease; Together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used appurtenances specifically granted in this Lease, but reserving and excepting to the term “State” shall mean Landlord (i) the state or commonwealth in which use of (a) the Shopping Center is located. exterior faces of the exterior walls, (b) The exterior walls and the upper surface of the roof and (c) the lower surface of the Leased Premises floor and the area beneath said Premises are not demised hereunder, and the use thereof, together with (ii) the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility linesducts, conduits and wires which now or hereafter may serve mbar parts of AMERICAN YACHT HARBOR and which now or hereafter may pass through the Leased Premises, so long as such pipes, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains conduits and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront are not placed in locations which will materially adversely interfere with Tenant’s use of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have hereby reserves the general right at any time and from time to time to include within and/or make alterations or additions to exclude from the defined Shopping Center and to build additional storks on any existing or future areas, and the floor area section of the Shopping Center buildings comprising AMERICAN YACHT HARBOR and to build other buildings or Improvements on the Property and to make alterations thereto or additions thereto and to build additional stories in any such buildings. Notwithstanding the foregoing, The Landlord and Tenant agree that the Lease dated January 27, 2021 between IGY-AYH St. Txxxxx Holdings, LLC and Paradise Yacht Management, LLC for Suite A2-5 is hereby terminated and any provisions that survives the terminations thereof shall be accordingly adjustedcontinue to survive.

Appears in 1 contract

Samples: Lease Agreement (Amphitrite Digital Inc)

Leased Premises. (a) Landlord, in consideration of the rent to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural tructural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved her by r served unto Landlord. Landlord reserves Landlo d reserv s an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.)

Leased Premises. (a) Landlord, in consideration of the rent Landlord hereby demises and leases to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, Tenant and Tenant hereby rents and hires leases from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees conditions herein set forth, that portion of the Anchor Store Site(s)Building consisting of: approximately 3,584 rentable sq. ft., designated as SUITES 8 and 9 on the building plans maintained by the Landlord. The leased space is sometimes referred to herein as the "Premises", and its location is shown on the terms attached Exhibit "A". The Premises are leased with bare, exterior walls insulated but not covered with drywall, and provisions with plumbing and electrical lines and HVAC service brought to the Premises, as depicted in Landlord's shell building plans. All other finishes and improvements, including without limitation, internal walls and partitions, diffusers, terminal units, internal duct work, thermostats, paint, wall coverings, carpets, tile, cabinets, plumbing fixtures, outlets, switches, lighting and other fixtures, subpanels as required shall be the responsibility of the underlying lease, if anyTenant to construct and install. It is agreed that understood the term “regional retail development” as used herein shall mean drive thru window and refer to canopy construction will be at the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forthtenant's expense. It is agreed that, wherever understood the term “Shopping Center” approximate cost for said construction will be between $15,000-$18,000. It is used herein, it further understood appropriate documentation will be provided to substantiate the final cost. All interior finish improvements to the Premises shall be deemed obtained from a competent construction contractor of Tenant's choice, provided, however, that Landlord shall approve the selection of Tenant's contractor (and its subcontractors) prior to exclude the Anchor Store Sites (even if such Sites commencement of any work at the Premises. Tenant shall be within responsible for completing these interior finishes and improvements to the hatched and/or shaded area shown Premises in accordance with the written architectural and construction agreements approved by Landlord, whose approval shall not be unreasonably withheld or delayed. Tenant shall pay any and all costs necessary to complete these interior finishes and improvements. Prior to the commencement of any improvements to finish the interior of the Premises, Tenant and any contractor working in or on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions Premises shall execute a Stipulation Against Liens to be recorded in the Office of the Shopping Center which Landlord may from time to time sell or lease for the purpose Clerk of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof)Courts, which portion(s) may thereuponLehigh County, Pennsylvania, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjustedTenant's expense.

Appears in 1 contract

Samples: Lease Agreement (Embassy Bancorp, Inc.)

Leased Premises. (a) LandlordThe Lessor, for and in consideration of the rent to be paid and the covenants to be performed by Xxxxxxrents, does hereby demise and lease unto Tenantcovenants, agreements, and Tenant stipulations hereinafter mentioned, hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer leases to the Anchor Store Sites and Lessee the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased following described premises (herein referred to as the “Leased Premises”): Space designated as a portion of the first floor, comprising approximately 7,427 Usable Square Feet, as shown on Exhibit “Aor (Site Plan), Exhibit PremisesB” (Suite Location) and Exhibit “B1” (Suite Build Out) attached hereto, located at 0000 Xxxx Xxxxxxx, Xxxxxxxxxxxx, Xxxxxxx in a building known as “The Offices of Gate Parkway” (the “Project”) The “Shell Building Improvements” and “Building Standards for Tenant Improvements” are described as set forth in the Data Sheet Exhibit “C” attached hereto. As used The costs of Tenant Improvement Upgrades are shown on Exhibit “C 1” attached hereto, if applicable. The Lessor and Lessee have agreed the usable square footage indicated above together with a prorata portion of the Common Area associated with the Leased Premises (being 61.3% of 3,173 first floor Common Area) shall equal 9,372 square feet of Rentable Square Feet and such shall be deemed as accurate and the sole basis for Rent calculations in this Lease. The Lessor agrees to have the Leased Premises completed and ready for possession on or before the target Commencement Date of January 15, 2006 barring strikes, insurrection, acts of God and other casualties or unforeseen events beyond the term “State” shall mean control of the state or commonwealth in which Lessor. The actual Commencement Date of the Shopping Center Lease is located. (defined as the date a) all common areas and utilities are Substantially Complete and operational; b) The exterior walls and the roof build-out of the Leased Premises (as shown on Exhibit “B 1” if attached) is Substantially Complete and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through c) when either a Certificate of Occupancy has been issued for the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront or Lessee takes possession of the Leased Premises, and an easement above Tenant’s finished ceiling whichever occurs first. Substantially Complete is defined as when the build-out as described in Exhibit “C” is complete to the roofdegree that any items to be completed or corrected do not interfere with the Lessees ability to conduct business. Those items to be completed or corrected include, but are not limited to, the painting or staining of walls or doors, completion or addition of electrical outlets, lights, baseboards, vertical blinds, millwork, glass walls, wallcoverings, etc. If the actual Commencement Date of the Lease as defined herein does not occur within sixty (60) days after the target Commencement Date of the initial term of this Lease by reason of the holding over of any prior Lessee or Lessees, incomplete construction, or for any other reason, unless the same shall result from causes attributable to the bottom Lessee, Lessee shall receive a day to day rent credit for that period of time, exceeding the 60 day period, and the term of the floor deck above Lease shall be extended beyond the agreed expiration date by the number of days possession was delayed and said rent credit shall be the full extent of Lessor’s liability to Lessee for any loss or damage to Lessee on account of said delay in obtaining possession of the Leased Premises, for general access purposes and in connection with . The amount of rent credit will be based on the exercise of Landlord’s other rights under this Lease. (c) The attached site plan lower of the regional retail development, Exhibit A, includes premises Base Rent less the Additional Rent identified thereon as Anchor Store Sites, including in this Lease or the buildings located or amount of rent Lessee currently pays immediately prior to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes Commencement Date of this Lease. Landlord If the Leased Premises have not been tendered within ninety (90) days after the target Commencement Date, Lessee shall also have the general right from time to time to include terminate this Lease if the Leased Premises is not tendered within and/or to exclude fifteen (15) days from the defined Shopping Center any existing or future areas, and date a written termination notice is delivered to the floor area of the Shopping Center shall be accordingly adjustedLessor via certified mail.

Appears in 1 contract

Samples: Lease Agreement (Jacksonville Bancorp Inc /Fl/)

Leased Premises. Subject to and in accordance with the provisions of this Lease, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor space on the Tank for the operation and maintenance of Lessee’s six (a6) Landlordexisting antennas and Lessee's Equipment as described on Exhibit B-1, in consideration together with the Equipment Room on the Site for the operation of the rent to be paid Equipment Platform and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereonBase Station, all as shown on the site plan which is set forth in Exhibit A attached hereto Exhibits A, A-1 and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level B. The portion of the regional retail developmentEquipment Room is hereby leased to Lessee as depicted on Exhibit B, which, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of space on the Premises leased to Tenant hereunder is shown in Tower described on Exhibit A. The leased premises (herein B-1 shall be referred to collectively as the “Leased Premises.Lessee has inspected the Leased Premises and accepts the Premises in “as is” and in its present condition, without any representation or “Premises”) warranty by Lessor. Lessee, at its sole cost and expense, shall complete the improvements to the Equipment Room shown on Exhibit B, Sheet E-1. Lessee acknowledges that Lessor’s continued use and operation of the Leased Premises shall continue, and that Lessee’s rights under this Lease are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls subject to Lessor’s continuing use and the roof operation of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and Site. Lessee further warrants that it has made such structural elements leading through analyses of the Leased Premises serving as necessary to satisfy that the Site may be shared by Lessee and all other parts carriers currently using the Site without adverse impact to Lessor or such other carriers, including that the Site can support the equipment currently on the Site and the equipment owned by the other carriers and Lessor, as well as the equipment that Lessor has approved for the Equipment Room. Lessee further warrants that Lessee’s installation, operation and maintenance of Lessee’s equipment shall not interfere with or be interfered with by the current operation or maintenance of other carriers’, Lessor’s and/or Lessee’s equipment currently on the Site. Lessee acknowledges by entering into this Lease, Lessor has not made, and shall not be deemed to have made, any such analyses or determinations. Lessee shall defend and indemnify and hold harmless, Lessor and its elected and appointed officials, officers, employees and agents from all losses, costs, claims, causes of actions, demands and liabilities arising in connection with the structural capacity of the regional retail developmentTank and Leased Premises to support the installation of Lessee’s Equipment, is hereby reserved unto Landlord. Landlord reserves an easement inBase Station and Equipment Platform, over Lessee’s ability to operate and through maintain such equipment without interference to or from the area occupied by other carriers’ currently on the storefront Site, and Lessor’s operation or maintenance of such parties’ respective equipment currently on the Site, including the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom any other matters arising from Lessee's use of the floor deck above the Leased Premises, for general access purposes and in connection Premises except with the exercise of Landlord’s other rights under this Leaserespect to claims due solely to Lessor's negligence or willful misconduct. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Deed of Lease

Leased Premises. (a) Landlord, in consideration of the rent Landlord demises and leases to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown real property described on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail developmentas used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, incorporated herein and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched existing improvements thereon (said real property and the shaded portions of such site plan which portions buildings and improvements located thereon from time to time open directly on herein called the enclosed mall“Property”), located in Saraland, Alabama; any additions to the Property, any loading docks and all other appurtenances to the Property, all parking lots, public walkways, aisles and driveways for ingress and egress to said improvements and parking areas and to and from the streets and highways, the storm water retention basin, if any, all landscaping, all utility lines and which may vary at each level sewers to the perimeter walls of the regional retail developmentProperty or servicing such improvements, together with the enclosed malland existing signage, if anyany (collectively, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In additionIN ITS “AS IS” CONDITION, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores SUBJECT TO THE EXISTING STATE OF TITLE (as defined in Section 27.12 hereofWITHOUT EXPRESS OR IMPLIED WARRANTY OF LANDLORD WITH RESPECT TO THE CONDITION, QUALITY, REPAIR OR FITNESS OF THE LEASED PREMISES FOR A PARTICULAR USE OR TITLE THERETO, ALL SUCH WARRANTIES BEING HEREBY WAIVED AND RENOUNCED BY TENANT), which portion(sAND THE MINIMUM RENT (AS HEREINAFTER DEFINED) may thereuponAND ALL OTHER SUMS PAYABLE HEREUNDER BY TENANT SHALL IN NO CASE BE WITHHELD OR DIMINISHED ON ACCOUNT OF ANY DEFECT IN SUCH LEASED PREMISES, at Landlord’s optionANY CHANGE IN THE CONDITION THEREOF, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjustedANY DAMAGE OCCURRING THERETO OR THE EXISTENCE WITH RESPECT THERETO OF ANY VIOLATION OF LAWS EXCEPT AS OTHERWISE PROVIDED HEREIN.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Dixie Group Inc)

Leased Premises. (a) LandlordSubject to and upon the terms hereinafter set forth, in consideration of the rent to be paid and the covenants to be performed by Xxxxxx, Landlord does hereby lease and demise and lease unto to Tenant, and Tenant does hereby rents lease and hires take from Landlord, those certain premises the Leased Premises. The initial Leased Premises demised hereunder are described in Exhibit A hereto. Tenant shall be entitled to the regional retail development shown on Exhibit A, subject following as appurtenances to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with Leased Premises: the owners or lessees of right to use (a) the Anchor Store Site(s), and the terms and provisions of the underlying leaseParking Areas, if any. It , identified on Exhibit A (b) for Tenant's non-exclusive use, the roof of the Building in accordance with Section 3.5 hereof, (c) for Tenant's exclusive use, the restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant; provided that if such facilities also serve floors in a Building that is agreed that not fully leased by Tenant, Tenant's use of such facilities shall be non-exclusive and in common with Landlord and other tenants or occupants of the term “regional retail development” floors also serviced by such facilities and (d) for use in common with Landlord and other tenants or occupants of the Projects, their invitees and guests and others as used herein shall mean designated by Landlord from time to time, all areas, facilities and refer to the Anchor Store Sites and the Shopping Centersystems, including risers, telephone, electric and other utility closets in the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto Building and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded other portions of such site plan which portions the Project available from time to time open directly on for the enclosed mallcommon use of tenants in the Building (all such areas, if any, facilities and which may vary at each level of the regional retail developmentsystems, together with the enclosed mallall areas, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to facilities and systems denominated as the “Leased Premises” or “Premises”) are described as set forth "Building Common Areas" and "Floor Common Areas" in the Data Sheet attached hereto. As used in this LeaseMeasurement Standard, the term “State” shall mean "Common Areas") and all rights and benefits appurtenant to, or necessary or incidental to, the state or commonwealth in which the Shopping Center is located. (b) The exterior walls use and the roof enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5 hereof including, but not limited to, the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the area beneath said Premises are Project, including but not demised hereunderlimited to the non-exclusive right to use any walkways, tunnels, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling skywalks connected to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this LeaseProject. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Master Lease Agreement (American Financial Realty Trust)

Leased Premises. (a) Landlord, in consideration of the rent to be paid and the covenants to be performed by XxxxxxTenant, does hereby demise and lease unto to Tenant, and Tenant hereby rents and hires from Landlord, those that certain premises in the regional retail development shown on Exhibit Apremises, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or (hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s"Leased Premises"), being a part of Condominium Units No 12 and the terms and provisions of the underlying lease13 in AVIS FARMS CONDOMINIUM, if any. It is agreed that the term “regional retail development” a commercial condominium project, commonly known as used herein shall mean and refer to the Anchor Store Sites and the Shopping CenterAVIS CENTRE TWELVE, including the buildings located or to be located thereon0000 Xxxx Xxxxx, all as Xxx Xxxxx, Xxxxxxxx in AVIS FARMS RESEARCH & BUSINESS PARK (hereinafter "Centre"), which condominium units are shown on the site plan which is set forth in marked Exhibit A "B" attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level Leased Premises being delineated by cross hatching thereon. The legal description of the regional retail developmentCentre, together with which is located in the enclosed mallTownship of Pittsfield, if anyCounty of Washtenaw, (whether or not shaded or hatched)State of Michigan, is more particularly described on Exhibit "A", attached hereto and made a part hereof. The approximate location of the Said Leased Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet follows: An area of approximately 50,671 square feet, as shown on Exhibit "C" attached hereto, and subject to final measurements and calculation prior to Tenant's occupancy. As used in this Lease, The exterior portion of the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises premises are not demised hereunder, and the use thereof, thereof together with the right to locate, both vertically and horizontally, install, maintain, use, repair repair, and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises and serving other parts of the regional retail development, is Centre are hereby reserved unto Landlord, however, Landlord's rights reserved herein shall not restrict Tenant's use and shall not unreasonably disturb the business conducted by Tenant; and all such activity, if any, conducted by Landlord shall be done in a reasonable manner and upon reasonable advance notice to Tenant. Landlord reserves an easement inthe right to change, over modify, add to or subtract from the name, appearance, size and through dimensions of the area occupied land, buildings or common areas of the Centre, or any part thereof, the size, location and type of any pylon, sign or other advertising structure, the identity, type, size, number and location of other stores and tenants, and to design and decorate any portion of the Centre as it desires, but the general character of the Centre shall not be substantially changed, nor shall visibility of the Leased Premises be materially altered by any permanent structure, nor shall Landlord materially change ingress and egress to the storefront of Centre, or to the Leased Premises, nor substantially interfere with the conduct of Tenant's ongoing general office and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with data center processing business by the exercise of Landlord’s other any of its rights under contained in this LeaseSection 1.01. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease (Metavante Corp)

Leased Premises. (a) LandlordSubject to and upon the terms hereinafter set forth, in consideration of the rent to be paid and the covenants to be performed by Xxxxxx, Landlord does hereby lease and demise and lease unto Tenant, to Tenant and Tenant does hereby rents lease and hires take from Landlord, Landlord those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements containing approximately 13,087 square feet of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or "Net Rentable Area" (hereinafter entered into by Landlord with the owners or lessees defined) consisting of the Anchor Store Site(s)entire second (2nd) floor, and the terms and provisions of the underlying leasebuilding known as The American Capitol Insurance Building (the "Building") which Building is located at 00000 Xxxxxxxx Xxxxxx, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping CenterXxxxxxx, including the buildings located or to be located thereonXxxxxx Xxxxxx, all as shown Texas, on the site plan which is set forth in tract of land more particularly described on Exhibit A attached hereto and made a part hereofhereof for all purposes, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein tract shall be referred to as the "Land"). The space hereby leased in the Building by Tenant from Landlord is hereinafter called the "Leased Premises” or “Premises”) are described " and is outlined on the floor plan drawing attached hereto as set forth in the Data Sheet attached heretoExhibit B and made a part hereof for all purposes. As used in this LeaseThe Land, Building, the term “State” shall mean Parking Facilities (defined below) and all other improvements now or hereafter on the state or commonwealth in which Land and all appurtenances to the Shopping Center is locatedforegoing are sometimes collectively referred to herein as the "Property." (b) The term "Net Rentable Area," as used herein, shall refer to (i) in the case of an entire floor leased to a single tenant, the total square footage of all floor area measured from the inside surface of the exterior walls glass line of the Building to the inside surface of the opposite exterior glass line or finished outer walls, including balcony areas, excluding only Service Areas (defined below) and General Common Areas (defined below), plus an allocation of the roof square footage of the General Common Areas, and (ii) in the case of a floor leased to more than one tenant, the total square footage of all floor areas within the inside surface of the exterior glass line of the Building enclosing the Leased Premises and measured to the area beneath said Premises are not demised hereundermid-point of demising walls (i.e., and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through walls separating the Leased Premises serving from areas leased to or held for lease to other parts tenants, from On-Floor Common areas (defined below), and from General Common Areas) including balcony areas, excluding only Service Areas, plus an allocation of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront square footage of the Leased Premises, General Common Areas and an easement above Tenant’s finished ceiling allocation of the square footage of the On-Floor Common Areas. No deductions from Net Rentable Area shall be made for columns or projections necessary to the roof, or to Building. The term "Usable Area" as used in this lease shall mean the bottom Net Rentable Area of the floor deck above the Leased Premises, for general access purposes leased premises minus all On-Floor Common Areas and in connection with the exercise of Landlord’s other rights under this LeaseGeneral Common Areas which were included therein. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement (Acap Corp)

Leased Premises. (a) Landlord, in consideration of the rent Landlord hereby demises and leases to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, Tenant and Tenant hereby rents and hires leases from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees conditions herein set forth, that portion of the Anchor Store Site(s)Building consisting of: approximately 3,584 rentable sq. ft., designated as SUITES 8 and 9 on the building plans maintained by the Landlord. The leased space is sometimes referred to herein as the "Premises", and its location is shown on the terms attached Exhibit "A". The Premises are leased with bare, exterior walls insulated but not covered with drywall, and provisions with plumbing and electrical lines and HVAC service brought to the Premises, as depicted in Landlord's shell building plans. All other finishes and improvements, including without limitation, internal walls and partitions, diffusers, terminal units, internal duct work, thermostats, paint, wall coverings, carpets, tile, cabinets, plumbing fixtures, outlets, switches, lighting and other fixtures, subpanels as required shall be the responsibility of the underlying lease, if anyTenant to construct and install. It is agreed that understood the term “regional retail development” as used herein shall mean drive thru window and refer to canopy construction will be at the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forthtenant's expense. It is agreed that, wherever understood the term “Shopping Center” approximate cost for said construction will be between $15,000-$! 8,000. It is used herein, it further understood appropriate documentation will be provided to substantiate the final cost. All interior finish improvements to the Premises shall be deemed obtained from a competent construction contractor of Tenant's choice, provided, however, that Landlord shall approve the selection of Tenant's contractor (and its subcontractors) prior to exclude the Anchor Store Sites (even if such Sites commencement of any work at the Premises. Tenant shall be within responsible for completing these interior finishes and improvements to the hatched and/or shaded area shown Premises in accordance with the written architectural and construction agreements approved by Landlord, whose approval shall not be unreasonably withheld or delayed. Tenant shall pay any and all costs necessary to complete these interior finishes and improvements. Prior to the commencement of any improvements to finish the interior of the Premises, Tenant and any contractor working in or on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions Premises shall execute a Stipulation Against Liens to be recorded in the Office of the Shopping Center which Landlord may from time to time sell or lease for the purpose Clerk of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof)Courts, which portion(s) may thereuponLehigh County, Pennsylvania, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjustedTenant's expense.

Appears in 1 contract

Samples: Lease Agreement (Embassy Bancorp, Inc.)

Leased Premises. (a) Landlord, in consideration The Leased Premises are depicted generally on Exhibit B and are or will be bounded by the inside surface of the rent to be paid window wall(s) and the covenants centerline of walls separating the Leased Premises from areas leased to or held for lease to other tenants or from Common Areas as described herein. No deduction from usable area will be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now made for columns or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer projections necessary to the Anchor Store Sites and Building or for special stairs, elevators or other vertical penetrations which are for the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions specific use of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is locatedTenant. (b) The exterior walls and the roof of term "Rentable Area", as used herein with respect to the Leased Premises and Premises, refers to the sum of (i) the usable floor area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, estimated to be 23,863 plus (ii) Tenant's share of all common use: corridors, lobbies, elevator foyers, restrooms, as well as all mechanical and an easement above Tenant’s finished ceiling electrical rooms, janitor's closets and other similar facilities of the Building (such areas being herein referred to as "Common Areas"). "Rentable Area" as used herein with respect to the roofBuilding, includes all space occupied or to be occupied by Tenants, together with the bottom Common Areas. Upon the completion of the floor deck above construction of improvements to the Leased Premises, useable floor area of the Leased Premises, but not the Common Area, may be re-measured at the request of either party. The cost of re-measurement shall be borne by the party requesting re-measurement. If it is determined that the useable floor area of the Leased Premises varies from the estimate set forth above, then the Rentable Area of the Leased Premises will be appropriately adjusted. If neither party requests a re-measurement within thirty (30) days after the Commencement Date, then it will be presumed for general access all purposes under this Lease that the information in the Basic Lease Provisions with respect to the number of square feet of Rentable Area in the Leased Premises is correct, and in connection with the exercise of Landlord’s other rights such number will be a stipulated number which will be utilized for all relevant purposes under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement (Westech Capital Corp)

Leased Premises. (a) Landlord, in consideration of the rent Rent (as defined in Section 2.3) to be paid and the covenants to be performed by XxxxxxTenant, does hereby lease and demise and lease unto to Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in Landlord for the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of recordTerm herein set forth, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan Leased Premises which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto, in the retail development designated as Katy Xxxxx xx by such other name as Landlord may from time to time hereafter designate (hereinafter "Retail Development"). As The term "State" as used herein shall mean the State or Commonwealth of Texas. For all purposes in this Lease, a "Major Tenant" is any occupant of 20,000 square feet or more of floor area in the term “State” shall mean Retail Development and a "Major Tenant Space" is any space in the state Retail Development containing 20,000 square feet or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forthmore. It is agreed that, wherever the term "Shopping Center" is used herein, it shall be deemed to exclude mean the Anchor Store Sites (even if such Sites shall be within Retail Development excluding the hatched and/or shaded area shown on the site plan)Major Tenant Spaces, except as otherwise specifically stated herein. In addition, said site plan includes other portions Exhibit A sets forth the general layout of the Shopping Center which Retail Development. Landlord may does not warrant or represent that the Retail Development or the Leased Premises will be constructed exactly as shown thereon or that it will be completed by a specific date, but Landlord does warrant that the Leased Premises and the Retail Development will have the general configuration shown on Exhibit A. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time sell time, without notice to or lease for consent of Tenant, and without in any manner diminishing Tenant's obligations under this Lease, to make alterations or additions to, and build additional stories on the purpose building in which the Leased Premises are located and to build adjoining the same, to construct other buildings and improvements of construction any type in the Retail Development or the common areas, or any part thereof, including the right to locate and/or use by one erect thereon permanent or more anchor stores temporary kiosks and structures, to enlarge the Retail Development, and to make alterations therein or additions thereto (as defined provided in Section 27.12 hereofno event will any kiosk or other structure be located directly in front of the registration desk within the Leased Premises), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor storebuild additional stories on any building or buildings within the Retail Development, and whichto build adjoining thereto, at Landlord’s optionto construct decks or elevated parking facilities and free standing buildings within the parking lot areas of the Retail Development, may be excluded and to change the size, location, elevation and nature of any of the stores in the Retail Development or the common areas, or any part thereof. In exercising its options hereunder, Landlord agrees to use reasonable efforts (in light of the then existing circumstances) not to materially and unreasonably interfere with the visibility of and access to the Leased Premises from the Shopping Centerenclosed mall; it being understood that any structure placed in the common areas shall not block Tenant's signage located on the storefront signband. In the event Landlord elects to enlarge the regional retail developmentRetail Development, or any part thereof, any additional area may be included by Landlord in the definition of the Shopping Center Retail Development for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, areas and the floor area of the Shopping Center shall be accordingly adjusted.. The premises leased to Tenant are herein referred to as the "Leased Premises". The approximate location of the Leased Premises is cross-hatched on the lease plan of the Retail Development attached hereto and made a part hereof as Exhibit A. This Lease of the Leased Premises is subject to all applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and agreements affecting the Retail Development and the terms and provisions of certain master declaration, reciprocal easement and operating agreements now or hereafter entered into by Landlord. Landlord acknowledges that Tenant's customers shall be permitted to queue in the common areas in front of the Leased Premises while waiting for access to the Leased Premises ("Waiting Area"). The Waiting Area shall be in a location designated by Landlord and reasonably approved by Tenant, provided said Waiting Area permits Tenant's customers to queue in an orderly manner without obstructing pedestrian traffic in the common areas and/or unreasonably disturbing the operation of other tenants in the Retail Development. In addition to the Leased Premises, Landlord shall grant Tenant a license for a location in the common area of the Shopping Center which shall be used by Tenant for the display of a full size stockcar, including sign tripods ("Display Area"). The location of the Display Area shall be selected by Landlord, but such location shall always be with in the area labeled on Exhibit A-1 as "Display

Appears in 1 contract

Samples: Lease (Silicon Entertainment Inc /Ca/)

Leased Premises. (a) LandlordThe Lessor hereby leases to the Lessee, and the Lessee hereby leases from the Lessor, for the term and upon the conditions contained in consideration this Lease, that portion of the rent to be paid and second floor of the covenants to be performed by building located at 000 Xxxxxx Xxxxxx, does hereby demise Springfield, Massachusetts (the "Building") outlined in blue and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown labeled as "Area #2" on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that hereof (the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched"Leased Premises"). The approximate location Leased Premises consist of approximately 2,410 rentable square feet of space. The Building is located within and comprises part of NorthernEdge Condominium (the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located"Project"). (b) The exterior walls Lessor leases the Leased premises to the Lessee together with the following: (i) The nonexclusive right in favor of the Lessee, its agents, servants, employees and invitees, to park their automobiles within the roof common areas of the project which are identified as "Permitted Parking Areas" on Exhibit B. All such parking rights are granted by the Lessor to the Lessee in common with all others entitled thereto and only to the extent available and on an equitable basis. The Lessor agrees that it shall not change the Permitted Parking Areas in any manner that materially reduces the number of parking spaces available to the Lessee or in any manner that materially interferes with access to the Leased Premises from the Permitted Parking Areas or results in a substantial variation in the location of the Permitted Parking Areas; and (ii) The right of access, in common with all others entitled thereto, to the Leased Premises through the common areas located within the Buildings and the area beneath said Premises are not demised hereunderentrances to the Buildings, and as more particularly described on Exhibit A. (c) Except as otherwise expressly provided in this Lease, the use thereof, together with Lessor hereby reserves to itself (i) the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduitswires, fluesmeters and any other equipment, refrigerant linesmachinery, drainsapparatus, sprinkler mains and valves, access panels, wires and structural elements leading through fixtures located within or without the Leased Premises serving which service other parts of the regional retail developmentBuilding; (ii) the right to make changes, is hereby reserved unto Landlord. Landlord reserves an easement inalterations, over and through additions to the area occupied by Building, common areas, and common facilities provided that any such changes, alterations or additions do not unreasonably structurally change the storefront interior of the Leased PremisesPremises and provided that reasonable access and service to the Leased Premises is provided; and (iii) the right to enter the Leased Premises for repair and maintenance purposes upon reasonable prior notice to Lessee, and an easement above Tenant’s finished ceiling to for emergency purposes at any time, without notice. The Lessor and the roof, or to Lessee agree that the bottom of requirement that the floor deck above Lessor provide the Leased Premises, for general access purposes and Lessee with reasonable prior notice in connection with the exercise by the Lessor of Landlord’s other rights under this Lease. (c) The attached site plan its right of entry with respect to the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it Leased Premises shall be deemed satisfied if the Lessor provides the Lessee with prior notice at least twenty-four (24) hours prior to exclude the Anchor Store Sites (even if such Sites shall be within exercise by the hatched and/or shaded area shown on the site plan)Lessor of its right of entry, except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjustedan emergency.

Appears in 1 contract

Samples: Lease (Physicians Quality Care Inc)

Leased Premises. (a) Landlord, in consideration of the rent to be paid and the covenants to be performed by XxxxxxTenant, does hereby lease and demise and lease unto to Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in Landlord for the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of recordterm herein set forth, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It Leased Premises which area is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto, in the retail development designated as - or by such other name as Landlord may from time to time hereafter designate (hereinafter "Retail Development"). As The term "State" as used herein shall mean the State of For all purposes in this Lease, a "Major Tenant" is any occupant of more than twenty thousand (20.000) square feet of floor area in the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forthRetail Development. It is agreed that, wherever the term "Shopping Center" is used herein, it shall be deemed to exclude mean the Anchor Store Sites (even if such Sites shall be within Retail Development excluding the hatched and/or shaded area shown on the site plan)areas occupied by Major Tenants, except as otherwise specifically stated herein. In additionExhibit "A", said site plan includes other portions page 1, sets forth the general layout of the Shopping Center which Retail Development. Landlord may does not warrant or represent that the Retail Development or the Leased Premises will be constructed exactly as shown thereon or that it will be completed by a specific date. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time sell time, without notice to or lease for the purpose consent of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor storeTenant, and whichwithout in any manner diminishing Tenant's obligations under this Lease, at Landlord’s optionto make alterations or additions to, may be excluded from and build additional stories on the Shopping Centerbuilding in which the Leased Premises are located and to build adjoining the same, to construct other buildings and improvements of any type in the Retail Development or the common areas, or any part thereof, including the right to locate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the Retail Development, and to make alterations therein or additions thereto, to build adjoining thereto. to construct decks or elevated parking facilities and free standing buildings within the parking lot areas of the Retail Development, and to change the size, location, elevation and nature of any of the stores in the Retail Development or the common areas, or any part thereof. In the event Landlord elects to enlarge the regional retail developmentRetail Development, or any part thereof; any additional area may be included by Landlord in the definition of the Shopping Center Retail Development for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, areas and the floor area of the Shopping Center shall be accordingly adjusted. The premises leased to Tenant are herein referred to as the "Leased Premises". The approximate location of the Leased Premises is cross-hatched on the lease plan of the Retail Development attachment hereto and made a part hereof as Exhibit "A", page 2. This Lease of the Leased Premises is subject to all applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and agreements affecting the Retail Development and the terms and provisions of certain master declarations, reciprocal easement and operating agreements now or hereafter entered into by Landlord. Subject to the provisions of Section 5.1, Tenant shall enjoy a non-exclusive easement, right and privilege for Tenant and its customers, employees and invitees and the customers, employees and invitees of any assignee. sublessee. concessionaire or licensee of Tenant, to use the common areas of the Shopping Center, with Landlord and the other tenants and occupants of floor area with the Shopping Center and their respective customers, employees and invitees. Furthermore, Landlord agrees that any additions, alterations or modifications to the Shopping Center by Landlord' shall not adversely affect access to, or visibility of the Leased Premises and, except as otherwise provided for herein, Tenant shall retain substantially the same relative position with respect to Major Tenants of the Shopping Center as of the Commencement Date. After the Delivery of Possession Date, Landlord reserves the right to relocate Tenant (ii) no more than once every five (5) year period of the term, or (ii) if required by the construction for a Major Tenant or redevelopment of the Shopping Center. Such change in location will be upon not less than ninety (901 days prior written notice from Landlord to Tenant (the "Relocation Period"). During such Relocation Period, Landlord shall offer to Tenant such alternative location (of approximately the same floor area) which will be limited to the area outlined and marked "Relocation Zone" on Exhibit "A", page 3, as may be available. In the event the parties agree on a specific location, then this Lease shall be amended by substituting the new location for the present location and the square footage and Minimum Rent shall be proportionately adjusted based upon the change in the size of the Leased Premises. Landlord shall, at Landlord's cost and expense, complete the leasehold improvements to the Leased Premises in accordance with the working drawings originally approved by Landlord with respect to Tenant's Work in the original Leased Premises and Tenant shall relocate to the new location and, within fifteen (15) days after delivery of the new premises, open for business in the new premises. In the event Landlord and Tenant are unable to agree on an alternative location, this Lease shall terminate at the end of said 90-day period. In the event of such termination, Landlord shall pay to Tenant within thirty (30) days following the date that Tenant shall have vacated the Leased Premises, a sum equal to the then unamortized costs of Tenant's leasehold improvements which have been paid for by Tenant, such amortization to be on a straight line basis over the original stated term of the Lease, provided Tenant shall furnish to Landlord such backup information as Landlord may reasonably require. Tenant shall deliver possession of the Leased Premises to Landlord on or before the termination and/or relocation date in "as is" condition, subject to the provisions of Sections 3.5 and 17.1 hereof, and subject to all charges which are due and owing or which shall accrue up to such date (which charges shall be paid to Landlord within thirty (30) days of such date) and Tenant shall be released from any and all further obligations pursuant to this Lease accruing after such date with respect to the vacated premises; however, in the event of relocation, Tenant shall remain liable for all obligations accruing under this Lease after the date of such relocation.

Appears in 1 contract

Samples: Lease Agreement (Play Co Toys & Entertainment Corp)

Leased Premises. (a) Landlord, in consideration of the rent Subject to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions conditions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by this Lease, Landlord with the owners or lessees hereby leases to Tenant and Tenant leases from Landlord a portion of the Anchor Store Site(s)City controlled property within the Water Tower and Telecommunication Easement legally described in Exhibit C, and labeled therein as “Proposed Leased Premises Description” and further certain space located on Landlord’s water tower (“Structure”) both as delineated and described within the terms installation/construction drawing attached hereto as Exhibit D, to include certain directional antennas, connecting cables and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or appurtenances to be attached and located thereon, all as shown on the site plan which is set forth Structure in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail developmentareas designated within, together with the enclosed malldescribed and delineated ground-located equipment, if anythe exact location, (whether or not shaded or hatched). The approximate location type, size, height, weight, and volume of such equipment located on the Structure and the ground as described in and shown on the approved plans contained in Exhibit D, along with certain temporary easement for reasonable access thereto during the term of the Premises leased to Tenant hereunder is shown Lease and for the placement of adequate utility services, including sources of electric, optical fiber and telephone facilities, as described in Exhibit A. The leased premises C, and labeled therein as “Proposed Right of Access Description” (herein referred to as collectively the “Leased Premises” or “Premises) are described as set forth in ). During the Data Sheet attached hereto. As used in this term of the Lease, Xxxxxx’s rights to use the Leased Premises as described herein and within the referenced exhibits shall be non- exclusive, and the leased space and permitted equipment upon the Structure and within the Tenant-occupied ground space shall be limited to and more particularly shown on the installation drawing attached hereto as Exhibit D. Notwithstanding the foregoing, Tenant shall have the exclusive right to use, during the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of this Amendment, of that_300 sq. ft. portion of the Leased Premises and the area beneath said Premises are in which its ground equipment is located, but this exclusivity right shall not demised hereunder, and the use thereof, together with the right apply to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, areas occupied by buried lines or areas utilized to access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease(“Tenant Ground Space”). (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. (a) Landlord, in In consideration of the rent promises and covenants to be paid and the covenants to be performed by XxxxxxTenant, Landlord does hereby demise and lease unto to Tenant, for the term and Tenant hereby rents upon the provisions and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of recordconditions hereinafter set forth, the terms and provisions premises consisting of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown approximately two thousand (2,000) square feet on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, second floor (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth of the central office building (“Building”) located at 00000 Xxxxxx Xxxxxxxxx, Eastlake, Ohio 44095 (the “Land”) in the Data Sheet area shown on “Exhibit A” attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls Land and the roof of the Leased Premises and the area beneath said Premises Building are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(sProperty”. In addition to the Leased Premises, Tenant shall have the use of those certain common areas to be designated by the Landlord on the Property; such areas shall include, but not be limited to, parking areas, access roads and facilities, interior corridors, sidewalks, driveways and landscaped and open areas (collectively, the “Common Areas”)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever The use of the term “Shopping Center” is used herein, it Common Areas shall be deemed for the nonexclusive use of Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and all other tenants of the Property and all such other persons to exclude the Anchor Store Sites (even if whom Landlord has previously granted, or may hereinafter grant, rights of usage; provided that such Sites nonexclusive use shall be within expressly subject to such reasonable rules and regulations which may be adopted by the hatched and/or shaded area shown on Landlord from time to time. Tenant shall not be entitled to use the site plan)Common Areas for storage of goods, except as otherwise specifically stated hereinvehicles, refuse or any other items. In additionLandlord reserves the right to alter, said site plan includes other portions of modify, enlarge, diminish, reduce or eliminate the Shopping Center which Landlord may Common Areas from time to time sell or lease for the purpose of construction and/or in its sole discretion; provided, however, it does not unreasonably and materially interfere with Tenant’s use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes Leased Premises. So long as Tenant complies with the terms, provisions and conditions of this Lease, Landlord shall maintain and operate, or cause to be maintained and operated automobile parking facilities (the “Parking Facilities”) adjacent to or within a reasonable distance from the Building. Landlord shall also have the general right from time to time relocate such Parking Facilities to include within and/or another location in Landlord’s reasonable discretion to exclude from the defined Shopping Center any existing or future areas, and the floor area facilitate development of the Shopping Center shall be accordingly adjustedProperty.

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. Lessor hereby leases to Lessee, and Lessee leases from Lessor, with a right of access thereto and parking therefor in accordance with Section 9: (a) Landlord, in consideration Space on the Tower for the purposes of the rent to be paid operation and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements maintenance of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” Lessee's equipment as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all follows: To support Lessee's antennas as shown on the site plan which is set forth described in Exhibit A attached hereto and made a part hereof, and B. The primary antenna is mounted so that the term “Shopping Center” shall, except its center of radiation is approximately 895 feet above ground as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown listed in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center B. Each antenna is located.supplied energy through a coaxial feed line; (b) The exterior walls Space in the Building ("Lessee's Space") sufficient for the purpose of Lessee's equipment as listed in Exhibit B. Lessee's Space to be located 60 in the Building at the Antenna Site as shown on Exhibit C and marked as WXSS Transmitter Room. Except as otherwise provided for herein below as "Lessee's Property", all tenant improvements, including all fixtures and trade fixtures shall become the roof property of the Leased Premises and the area beneath said Premises are not demised hereunderLessor, and the use thereof, together shall remain with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the "Leased Premises", and an easement above Tenant’s finished ceiling to as defined below, after the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this LeaseLessee vacates same. (c) The attached site plan of the regional retail developmentLessee's antenna, transmission line, and other equipment as listed in Exhibit AB and C, includes premises identified thereon as Anchor Store Sitestogether with any replacements thereof and modifications and additions thereto which are permitted hereunder, including the buildings located or to shall be located thereonand remain Lessee's Property, which sites and are collectively hereinafter referred to as "Lessee's Property". Lessee will be solely responsible for the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forthmaintenance of Lessee's Property, including all expenses associated with such repair. It is agreed that, wherever All of the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites property (even if such Sites shall be within the hatched and/or shaded area shown including space on the site plan)Tower and space in the Building at the Antenna Site for Lessee's Space) leased under this Paragraph 2 shall hereinafter be called the "Leased Premises". Lessee, except as otherwise specifically stated hereinupon prior written request to Lessor, shall have reasonable right of access to its space on the Tower and in the Building at all times in emergency situations and whenever reasonably necessary for equipment maintenance and repair. In addition, said site plan includes Lessee shall have rights of access at any time to all other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof)Leased Premises, which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord including Lessee's Space in the definition of the Shopping Center Building, for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing equipment operations, maintenance, inspection, repair or future areasremodeling, and the floor area of the Shopping Center shall be accordingly adjustedor other engineering purposes.

Appears in 1 contract

Samples: Asset Purchase Agreement (Entercom Communications Corp)

Leased Premises. Landlord has heretofore obtained a long-term ground lease covering that certain tract of real property situated in the University of Utah Research Park (a"University Research Park") Landlordin Salt Lake City, State of Utah, more particularly described in Exhibit "B" attached hereto, together with certain easement for access rights. Such tract is herein after referred to as the "Property". Landlord owns the Building referred to in Section 1.01(H ), which is located on the Property, suitable for use as office/research and limited complementary retail space, together with related parking facilities and other improvements necessary to enable the Building to be so used (the Building and related facilities and improvements are hereinafter collectively referred to as the "Improvements"). In consideration of for the rent to be paid and the an d covenants to be performed by XxxxxxTenant, does Landlord hereby demise and lease unto Tenantleases to Tenant , and Tenant hereby rents leases from Landlord for the Rental Term and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, upon the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with conditions herein set forth, the owners or lessees Leased Premises described in Section 1.01 (I), located in the Building. Gross rentable area measurements herein specified are from the exterior of the Anchor Store Site(s), and the terms and provisions perimeter wall s of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer Building to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level center of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) interior wall s. The exterior walls wall s and the roof of the Leased Premises and the area areas beneath said the Leased Premises are not demised hereunder, hereunder and the use thereof, thereof together with the right to locate, both vertically and horizontally, install, maintain, use, repair repair, and replace pipes, utility linesreplacepipes, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises in locations which do not materially and adversely interfere with Tenant 's use thereof and serving other parts of the regional retail developmentBuilding or buildings, is are hereby reserved unto to Landlord. Landlord reserves an easement in, over and (a) such access rights through the area occupied Leased Premises as may be reasonably necessary to enable access by Landlord to the storefront balance of the Building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste up on the Leased Premises and as far as practicable shall not materially and adversely interfere with Tenant's use of the Leased PremisesPremises and shall minimize annoyance, interference or damage to Tenant and the Leased Premises w hen making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its employees, contractors, customers, agents and invitees have the right to the non-exclusive use, in common with existing tenants of such unreserved automobile parking spaces, driveways, footways, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, other facilities designated for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be common use within the hatched and/or shaded area shown on the site plan)Building, except as otherwise that with respect to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may designated from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord for that purpose and shall actively police employees to keep them from parking in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing "visitor" or future other restricted parking areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement (Predictive Technology Group, Inc.)

Leased Premises. (a) Landlord, in consideration of the rent Landlord hereby demises and leases to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, Tenant and Tenant hereby rents and hires leases from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees conditions herein set forth, that portion of the Anchor Store Site(s)Building consisting of:  approximately 3,584 rentable sq. ft., designated as SUITES 8 and 9  on the building plans maintained by the Landlord. The leased space is sometimes referred to herein as the "Premises", and its location is shown on the terms attached Exhibit "A".  The Premises are leased with bare, exterior walls insulated but not covered with drywall, and provisions with plumbing and electrical lines and HVAC service brought to the Premises, as depicted in Landlord's shell building plans. All other finishes and improvements, including without limitation, internal walls and partitions, diffusers, terminal units, internal duct work, thermostats, paint, wall coverings, carpets, tile, cabinets, plumbing fixtures, outlets, switches, lighting and other fixtures, subpanels as required shall be the responsibility of Tenant to construct and install.   It is understood the underlying lease, if anydrive thru window and canopy construction will be at the tenant's expense. It is agreed that understood the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to approximate cost for said construction will be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forthbetween $15,000-$18,000. It is agreed that, wherever further understood appropriate documentation will be provided to substantiate the term “Shopping Center” is used herein, it final cost.  All interior finish improvements to the Premises shall be deemed obtained from a competent construction contractor of Tenant's choice, provided, however, that Landlord shall approve the selection of Tenant's contractor (and its subcontractors) prior to exclude the Anchor Store Sites (even if such Sites commencement of any work at the Premises. Tenant shall be within responsible for completing these interior finishes and improvements to the hatched and/or shaded area shown Premises in accordance with the written architectural and construction agreements approved by Landlord, whose approval shall not be unreasonably withheld or delayed. Tenant shall pay any and all costs necessary to complete these interior finishes and improvements.  Prior to the commencement of any improvements to finish the interior of the Premises, Tenant and any contractor working in or on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions Premises shall execute a Stipulation Against Liens to be recorded in the Office of the Shopping Center which Landlord may from time to time sell or lease for the purpose Clerk of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof)Courts, which portion(s) may thereuponLehigh County, Pennsylvania, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping CenterTenant's expense. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement (Embassy Bancorp, Inc.)

Leased Premises. (a) Landlord, in consideration of the rent Landlord hereby leases to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires leases from Landlord, those certain premises in (the regional retail development shown on Exhibit A"Premises") consisting of fifty-five thousand eight hundred ninety-eight (55,898) rentable square feet of space, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part located within the building commonly known as Building A located at 0000 Xxxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxx (the "Building"). The Building and the Premises are located within that certain office and research and development business park commonly known as Brisbane Technology Park (the "Project"), and more particularly described in Exhibit B attached hereto. The Project consists of the Building and two other office buildings, one located at 0000 Xxxxxxxx Xxxxxxxxx ("Building B") and the other located at 0000 Xxxxxxxx Xxxxxxxxx ("Xxxxxxxx X," and together with Building B, collectively, the "Other Buildings"), adjacent parking areas, landscaping and related improvements. The total rentable square footage of the Project is one hundred eighty-three thousand three hundred twenty-nine (183,329) rentable square feet. (1) Tenant's use of the Yard Area and the Roof Area shall comply with the use restrictions described in PARAGRAPH 5 hereof, and Tenant shall obtain all permits and/or other approvals required by the City of Brisbane and other appropriate governmental agencies necessary to use and operate in the Yard Area and the Roof Area, (2) Tenant shall use the Yard Area and Roof Area in compliance with all applicable laws and regulations, (3) if Tenant at any time occupies less than the entire Building, Tenant's use of the Yard Area and the Roof Area shall not unreasonably interfere with or cause a nuisance with respect to the use or occupancy of the Building by other tenants, and (4) Tenant shall keep the Yard Area and Roof Area in a neat, clean and safe condition and pay all costs and expenses incurred in connection with or otherwise related to its use of the Yard Area and the Roof Area. Tenant's use of the Yard Area and the Roof Area shall comply with all of the terms and conditions of this Lease as though they were part of the Premises, except that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean Yard Area and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or Roof Area shall not shaded or hatched). The approximate location be considered part of the Premises leased for purposes of calculating Base Rent or Tenant's Project Percentage under this Lease. Prior to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” expiration or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in earlier termination of this Lease, Tenant shall remove any Alterations (defined below) and Personal Property (defined below) from the Yard Area and Roof Area in accordance with PARAGRAPH 16 hereof and repair all damage to the Yard Area and Roof Area resulting from Tenant's use thereof during the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease, all at Tenant's sole cost and expense. Landlord shall also have Tenant agrees to indemnify, defend (with attorneys acceptable to Landlord) and hold Landlord, its agents, employees, successors and assigns, harmless from and against any and all claims, losses, damages and liabilities arising out of or in any way relating to, involving, or in dealing with, the general right from time to time to include within and/or to exclude from use of the defined Shopping Center any existing or future areas, Yard Area and the floor area Roof Area by Tenant and its agents, employees and contractors during the term of the Shopping Center shall Lease and any default or breach by Tenant in the performance in a timely manner of any obligation on Tenant's part to be accordingly adjustedperformed under this Lease with respect to its use and/or occupancy of the Yard Area and the Roof Area.

Appears in 1 contract

Samples: Lease (Intermune Pharmaceuticals Inc)

Leased Premises. (a) Landlord, in consideration of the rent to be paid and the covenants to be performed by XxxxxxTenant, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Department Store Site(s)Sites, and the terms and provisions of the underlying lease, if any. Landlord represents that the foregoing covenants, restrictions and easements of record and the terms of any such reciprocal easement and/or operating agreements will not materially adversely interfere (i) with Tenant's use of the leased premises generally in accordance with the provisions of Section 7.01 hereof nor (ii) with access to the leased premises. It is agreed that the term "regional retail development" as used herein shall mean and refer to the Anchor Department Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term "Shopping Center" shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, Mall and which may vary at each level of the regional retail development, together with the enclosed mall, if any, Mall (whether or not shaded or hatched). The approximate location of the Premises premises leased to Tenant hereunder is shown in Exhibit A. The legal description of the regional retail development or of the Shopping Center is set forth in Exhibit A or referenced in the Addendum attached hereto and made a part hereof. The leased premises (herein referred to as the “Leased Premises” "leased premises" or “Premises”"premises") are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term "State" shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement (Silver Diner Inc /De/)

Leased Premises. (a) LandlordLessor, for and in consideration of the rent rents, covenants and premises contained in this Agreement and to be paid kept, performed and observed by Lessee, and subject to the covenants to be performed by Xxxxxxreservations and restrictions contained in this Agreement, does hereby lease and demise and lease unto Tenantto Lessee, and Tenant Lessee does hereby rents lease and hires accept from LandlordLessor, those certain premises in the regional retail development shown surface only (but including submerged lands) of the real property described on Exhibit A, subject to covenants, restrictions which is attached and easements of record, incorporated by reference (the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s"Land"), and the terms fixtures and provisions improvements located on the Land as of the underlying leaseEffective Date, if anyincluding without limitation all sheds, buildings, docks, wharfs, bulkheads, piers, pilings, dolphins, ramps, warehouses, structures, paving, fences, and other improvements located on the Land on the Effective Date (collectively, the "Facilities"). It is agreed that The Land, Facilities, and Improvements (once completed, and as defined in Article 8 below) are collectively defined as the term “regional retail development” as used herein shall mean "Leased Premises". Within six months after the Effective Date, Lessor and refer Lessee will jointly designate a licensed surveyor to perform a survey of the Land, the cost of which will be shared equally by Lessor and Lessee. Once completed to the Anchor Store Sites reasonable satisfaction of Lessor and Lessee, the Shopping Center, including metes and bounds description of the buildings located or Land prepared by the surveyor will be attached to this Agreement as Exhibit A-1 and will be deemed to be located thereonthe description of the Land. To the extent there are any discrepancies between Exhibit A and Exhibit A-1 with respect to the description of the Land, all as shown on the site plan which is set forth information contained in Exhibit A attached hereto and made a part hereof, and that A- 1 xxxl control. TO HAVE AND TO HOLD the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail developmentLeased Premises, together with all rights, privileges, easements, rights of way, appurtenances and other interests belonging to or in any way pertaining to the enclosed mallLeased Premises, if anysubject to the terms of this Agreement. This Agreement will be subordinate to the deed of trust dated December 16, (whether or not shaded or hatched)1993 to Ellix X. Xxxxxx, Xxustee, recorded at Film Code No. The approximate location ###-##-#### of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises Galveston County real property records (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease"Deed of Trust"), the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of creates a lien against the Leased Premises, and an easement above Tenant’s finished ceiling which secures the payment of the $5,400,000.00 Wharves and Terminal Subordinate Lien Revenue Bonds, Series 1993B (the "Bonds") as more fully described in the trust indenture dated as of November 18, 1993, between the City and Texas Commerce Bank, National Association, as Trustee, relating to the roofBonds (as it may be renewed, extended, or to modified, and including any instrument created in lieu of or in substitution thereof, the bottom "Trust Indenture") and any other lien securing payment of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon Bonds as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, they may be excluded from the Shopping Centerrenewed, extended, or modified. In the event Landlord elects to enlarge the regional retail development, Lessor will not create any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.other lien on the

Appears in 1 contract

Samples: Lease and Development Agreement (First Wave Marine Inc)

Leased Premises. (a) LandlordSubject to and upon the terms hereinafter set forth, and in consideration of the rent to be paid sum of Ten Dollars ($10.00), the premises, and the mutual covenants to be performed by Xxxxxxset forth herein, the receipt and sufficiency of which are hereby acknowledged, Landlord does hereby lease and demise and lease unto Tenant, to Tenant and Tenant does hereby rents lease and hires take from Landlord, Landlord those certain premises (the "Leased Premises") in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, building (the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” "Building") commonly known as used herein shall mean and refer to the Anchor Store Sites and the Shopping Two Live Oak Center, including the buildings located or to be located thereon, all as shown generally depicted on the site plan which is set forth in Exhibit A attached hereto and made a part hereofincorporated herein, on that certain tract or parcel of land (the "Land") located near the intersection of Peachtree Road and Lenox Road in Atlanta, Xxxxxx County, Georgia, as more particularly described on Exhibit A-1 attached hereto and incorporated herein (the Building, the Land, the "Parking Facility" [hereinafter defined] and all improvements and facilities now or hereafter located on the Land and relating thereto being referred to herein collectively as the "Project"), such Leased Premises being more particularly described as follows: Approximately 21,817 square feet of net rentable area on floor 7 of the Building, being all of the net rentable area on the 7th floor, and that the term “Shopping Center” shall, except as otherwise specifically provided generally described or depicted on Exhibit B attached hereto and incorporated herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The term "net rentable area," as used herein, shall refer to (i) in the case of a floor leased to a single tenant, the total square footage of all floor area measured from the inside surface of the exterior walls glass line of the Building to the inside surface of the opposite exterior glass line, excluding only Service Areas (defined below) and General Common Areas (defined below), plus an allocation of the roof square footage of the General Common Areas, and (ii) in the case of a floor leased to more than one tenant, the total square footage of all floor areas within the inside surface of the exterior glass line of the Building enclosing the Leased Premises and measured to the area beneath said Premises are not demised hereundermid-point of demising walls (i.e., and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through walls separating the Leased Premises serving from areas leased to or held for lease to other parts tenants, from On-Floor Common Areas (defined below), and from General Common Areas), excluding only Service Areas, plus an allocation of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront square footage of the Leased Premises, General Common Areas and an easement above Tenant’s finished ceiling allocation of the square footage of the On-Floor Common Areas. No deductions from net rentable area shall be made for columns or projections necessary to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this LeaseBuilding. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement (Lodgian Inc)

Leased Premises. (a) LandlordLandlord is the developer of a building (the “Building”) to be constructed on land known as Parcel S-8 (the “Land”) in the Columbia Gateway Park (the “Park”) located in Xxxxxx County, in consideration Maryland (the “County”), which Building will contain approximately 60,000 square feet, as more particularly described on Exhibit A attached hereto incorporated by reference herein and initialed by the parties. The Land, the Building, the easements and rights appurtenant thereto (including those established by certain declarations of covenants recorded, or intended to be recorded, prior hereto among the Land Records of the rent to be paid County), and the covenants to be performed by Xxxxxxsidewalks, areaways, parking areas, driveways, loading areas, gardens and lawns surrounding the Building and located on the Land are collectively hereinafter called “Leased Premises.” Landlord does hereby demise and lease unto Tenant, and Tenant does hereby rents and hires rent from Landlord, those certain premises the Leased Premises for the “Lease Term” (as hereinafter defined). (b) Landlord will construct the base shell of the Building (the “Base Building”) in accordance with (i) plans (the regional retail development shown on Exhibit A, subject “Base Building Plans”) to covenants, restrictions be prepared by Xxxxx Xxxxxxxx Architects (“Landlord’s Architect”) and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into approved by Landlord with and Tenant and (ii) specifications (the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A Base Building Specifications”) attached hereto as Exhibit B and made a part hereof. Tenant’s approval of the Base Building Plans shall not be unreasonably withheld, and that conditioned or delayed by more than five (5) business days after the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer same are submitted to Tenant for its approval. Tenant’s failure to notify Landlord of its approval or disapproval (stating with specificity the hatched and the shaded portions basis of such site plan disapproval) within said 5 business day period shall be deemed a failure of Tenant to meet a “Tenant Deadline” pursuant to Section 2 below. The cost of constructing the Base Building in accordance with the Base Building Plans and Specifications will be paid by Landlord. All charges and expenses, which portions shall be deemed additional rent, incurred for change orders from time the Base Building Plans and Specifications which increase the cost thereof shall be paid by Tenant to time open directly on the enclosed mallLandlord in accordance with such written change order or, if anyreducing the overall cost, an applicable allowance toward other change orders shall be credited. Landlord shall have no obligation to implement any change order unless it is in writing and which may vary at each level specifies the method and time of payment. All change orders shall specify in reasonable detail the regional retail developmentchanges to be effected and whether such change is expected to affect the estimated commencement date. Landlord shall promptly advise Tenant if, together with given the enclosed mall, if any, (whether or not shaded or hatched). The approximate location stage of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Leaseconstruction, the term “State” proposed alterations cannot reasonably be incorporated into the construction process and Landlord shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right have no obligation to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Leaseimplement any such changes. (c) The attached site plan Tenant shall hire an architect reasonably acceptable to Landlord (that is, such architect shall be reputable and have experience in preparing similar plans) to prepare plans and specifications for the finishing of the regional retail developmentLeased Premises (the “TI Plans”). The TI Plans shall be subject to the prior written approval of Landlord and Landlord’s Architect, which approval shall not be unreasonably withheld, conditioned, or delayed. Such approval must be obtained prior to Tenant submitting the same to the applicable governmental authorities of the County for approval. Tenant shall hire a qualified general contractor approved by Landlord (the “Contractor”), which approval shall not be unreasonably withheld, conditioned, or delayed, and qualified finish subcontractors approved by Landlord (the “Subcontractors”), which approval shall not be unreasonably withheld, conditioned, or delayed, to finish the Leased Premises in accordance with the TI Plans. The construction of the tenant improvements will be competitively bid by not fewer than three general contractors, one of which will be Manekin Corporation. If Tenant elects to use a general contractor other than Manekin Corporation, then Landlord and/or Manekin Corporation shall review the finishing of the Leased Premises for which review Tenant shall pay to Landlord, or if so designated by Landlord, to Manekin Corporation, a fee (the “Fee”) equal to $.50 multiplied by the “Rentable Area of the Leased Premises”, as hereinafter defined. (d) Landlord agrees to pay Twenty Dollars ($20.00) multiplied by the Rentable Area of the Leased Premises (“Landlord’s Contribution”) towards the cost of the tenant improvements as hereafter provided. Alternatively, a portion of Landlord’s Contribution may be applied, at Tenant’s option, toward the cost of Tenant’s moving expenses, as well as toward the cost of interior design drawings and consulting engineers for the Leased Premises. Landlord’s Contribution shall be paid to Tenant or directly to Tenant’s contractors and subcontractors thirty (30) days after the date Tenant provides Landlord with detailed invoices for all such charges or expenses, together with final lien waivers from all such contractors and subcontractors. Lien waivers shall be in substantially the form attached hereto as Exhibit AG. Unless sooner paid by Tenant to Landlord, includes premises identified thereon the Fee shall be due (and may be deducted from) simultaneously with the payment of Landlord’s Contribution. Except as Anchor Store Sitesabove provided with respect to Landlord’s Contribution and below with respect to the Additional Contribution, all costs incurred for the finishing of the Leased Premises shall be borne by Tenant and Tenant shall indemnify and hold Landlord harmless from same. Tenant agrees that Tenant shall bear full responsibility for the TI Plans and the Leased Premises as improved by the TI Plans, as being in compliance with all applicable requirements of law, including without limitation, the buildings located or Americans With Disabilities Act, as amended. Tenant releases Landlord from any claim by Tenant arising out of the failure of the Leased Premises to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan)in compliance with all applicable requirements of law, except as otherwise specifically stated herein. In addition, said site plan includes other portions such claim relates to the construction of the Shopping Center which Base Building and other site work by Landlord may from time to time sell or lease for in accordance with the purpose of construction and/or use by one or more anchor stores Base Building Specifications. (as defined in Section 27.12 hereof), which portion(se) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge that all or any portion of Landlord’s Contribution is not utilized by or on behalf of Tenant by the regional retail developmentRent Commencement Date, any additional area may then the per square foot Basic Annual Rent set forth in Section 4 below shall be included decreased by Landlord in eleven cents ($0.11) for every one dollar ($1.00) per square foot of Landlord’s Contribution which is not utilized. By way of example, if $15.00 per square foot of Landlord’s Contribution is utilized by the definition Rent Commencement Date, then the Basic Annual Rent for the first year of the Shopping Center for purposes of this LeaseLease Term, as hereafter defined, shall be $10.95 per square foot, calculated as follows: $20.00 - $15.00 = $5.00 x $0.11 = $0.55. Landlord shall also have the general right from time to time to include within and/or to exclude Subtract $0.55 from the defined Shopping Center any existing or future areasBasic Annual Rent of $11.50 per square foot, resulting in a Basic Annual Rent of $10.95 per square foot. As and to the floor area of extent that Landlord’s Contribution is subsequently utilized by Tenant, the Shopping Center Basic Annual Rent shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement (Osiris Therapeutics, Inc.)

Leased Premises. (a) Landlord, in consideration of the rent Rent (as defined in Section 2.3) to be paid and the covenants to be performed by XxxxxxTenant, does hereby lease and demise and lease unto to Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in Landlord for the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of recordTerm herein set forth, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan Leased Premises which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto, in the retail development designated as Xxxx Xxxxx or by such other name as Landlord may from time to time hereafter designate (hereinafter "Retail Development"). As The term "State" as used herein shall mean the State or Commonwealth of Texas. For all purposes in this Lease, a "Major Tenant" is any occupant of 20,000 square feet or more of floor area in the term “State” shall mean Retail Development and a AMajor Tenant Space@ is any space in the state Retail Development containing 20,000 square feet or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forthmore. It is agreed that, wherever the term "Shopping Center" is used herein, it shall be deemed to exclude mean the Anchor Store Sites (even if such Sites shall be within Retail Development excluding the hatched and/or shaded area shown on the site plan)Major Tenant Spaces, except as otherwise specifically stated herein. In addition, said site plan includes other portions Exhibit A sets forth the general layout of the Shopping Center which Retail Development. Landlord may does not warrant or represent that the Retail Development or the Leased Premises will be constructed exactly as shown thereon or that it will be completed by a specific date. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time sell time, without notice to or lease for the purpose consent of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor storeTenant, and whichwithout in any manner diminishing Tenant's obligations under this Lease, at Landlord’s optionto make alterations or additions to, may be excluded from and build additional stories on the Shopping Centerbuilding in which the Leased Premises are located and to build adjoining the same, to construct other buildings and improvements of any type in the Retail Development or the common areas, or any part thereof, including the right to locate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the Retail Development, and to make alterations therein or additions thereto, to build additional stories on any building or buildings within the Retail Development, and to build adjoining thereto, to construct decks or elevated parking facilities and free standing buildings within the parking lot areas of the Retail Development, and to change the size, location, elevation and nature of any of the stores in the Retail Development or the common areas, or any part thereof. In the event Landlord elects to enlarge the regional retail developmentRetail Development, or any part thereof, any additional area may be included by Landlord in the definition of the Shopping Center Retail Development for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, areas and the floor area of the Shopping Center shall be accordingly adjusted. The premises leased to Tenant are herein referred to as the "Leased Premises". The approximate location of the Leased Premises is cross-hatched on the lease plan of the Retail Development attached hereto and made a part hereof as Exhibit A. This Lease of the Leased Premises is subject to all applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and agreements affecting the Retail Development and the terms and provisions of certain master declaration, reciprocal easement and operating agreements now or hereafter entered into by Landlord. Subject to the provisions of Section 5.1, Tenant shall enjoy a non-exclusive easement, right and privilege for Tenant and its customers, employees and invitees and the customers, employees and invitees of any assignee, sublessee, concessionaire or licensee of Tenant, to use the common areas of the Shopping Center, with Landlord and the other tenants and occupants of floor area within the Shopping Center and their respective customers, employees and invitees. Furthermore, Landlord agrees that any additions, alterations or modifications to the Shopping Center by Landlord shall not adversely affect access to, or visibility of the Leased Premises and, except as otherwise provided for herein, Tenant shall retain substantially the same relative position with respect to Major Tenants of the Shopping Center as of the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Play Co Toys & Entertainment Corp)

Leased Premises. (a) LandlordSubject to the terms, covenants and conditions of this Lease, Landlord leases to Tenant the Premises. Tenant shall have the non-exclusive right to use, together with other tenants in consideration the Facility, the lobbies, corridors, elevators, stairways and other public areas of the rent to be paid Facility and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of recordProperty (collectively, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s"Common Areas"), and the terms non-exclusive right of access to and provisions from the Premises by the main entrances to the Facility and the Property. In the event Tenant uses or occupies space outside the Premises without the prior written consent of Landlord (the "Encroachment Area"), then upon written notice from Landlord ("Notice to Vacate"), Tenant shall immediately vacate such Encroachment Area and pay as additional rent for each day Tenant used, occupied, uses or occupies such Encroachment Area, an amount equal to the rentable square footage of the underlying leaseEncroachment Area, if anymultiplied by the higher of the (a) highest rental rate then approved by Landlord's Board of Directors for the Premises or the Facility, or (b) then current fair market rent for such Encroachment Area, as reasonably determined by Landlord (the "Encroachment Area Charge"). It is agreed that If Tenant uses or occupies such Encroachment Area for a fractional month, then the term “regional retail development” as used herein Encroachment Area Charge for such period shall mean and refer be prorated based on a thirty (30) day month. In no event shall acceptance by Landlord of the Encroachment Area Charge be deemed a consent by Landlord to the Anchor Store Sites and the Shopping Center, including the buildings located use or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level occupancy of the regional retail developmentEncroachment Area by Tenant or a waiver (or be deemed as waiver) by Landlord of any and all other rights and remedies of Landlord under this Lease (including Tenant's obligation to indemnify, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described defend and hold Landlord harmless as set forth in the Data Sheet attached heretolast paragraph of this Section 2.1), at law or in equity. As used in this LeaseIn addition to the foregoing amount, the term “State” Tenant shall mean the state or commonwealth in which the Shopping Center is located. pay to Landlord, as additional rent, an amount equaling Two Hundred Dollars (b$200.00) The exterior walls and the roof upon delivery of the Leased Premises and initial Notice to Vacate plus the area beneath said Premises are not demised hereunder, and the use thereof, together actual cost associated with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts a survey of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping CenterEncroachment Area. In the event Landlord elects determines during subsequent inspection(s) that Tenant has failed to enlarge vacate the regional retail developmentEncroachment Area, then Tenant shall pay to Landlord, as additional rent, an amount equaling Three Hundred Dollars ($300.00) for each additional Notice to Vacate, if applicable, delivered by Landlord to Tenant following each inspection. The parties agree that the charges associated with each inspection of the Encroachment Area, delivery of each Notice to Vacate and survey of the Encroachment Area represent a fair and reasonable estimate of the administrative cost and expense which Landlord will incur by reason of Landlord's inspection of the Premises, issuance of each Notice to Vacate and survey of the Encroachment Area. Tenant's failure to comply with the applicable Notice to Vacate and Landlord's right to impose the foregoing charges shall be in addition to and not in lieu of any and all other rights and remedies of Landlord under this Lease, at law or in equity. The amounts set forth in this Section 2.1 shall be due within three (3) business days following the applicable Notice to Vacate and/or separate invoice relating to the actual cost associated with a survey of the Encroachment Area. In addition to the rights and remedies of Landlord as set forth in the immediately foregoing two paragraphs of this Section 2.1, the terms and conditions of the indemnity and exculpation provision set forth in Section 15 below shall also apply to Tenant's use and occupancy of the Encroachment Area as if the Premises originally included the Encroachment Area, and Tenant shall additionally indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Encroachment Area including, without limitation, any additional area may be included loss or liability resulting from any claims against Landlord made by any tenant or prospective tenant founded on or resulting from such delay and losses to Landlord in the definition due to lost opportunities to lease any portion of the Shopping Center for purposes Encroachment Area to any such tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs. By placing their initials below, each party specifically confirms the accuracy of the statements made in this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, Section 2.1 and the floor area reasonableness of the Shopping Center shall be accordingly adjusted.amount of the charges described in this Section 2.1. Initials: Landlord Tenant

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. (a) Landlord, in In consideration of the rent to be paid rents reserved and the covenants and agreements herein contained on the part of Tenant to be performed by Xxxxxxobserved and performed, does Landlord hereby demise demises, lets and lease leases unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises consisting of a space containing an area of approximately 2,216 square feet (hereinafter celled the "Leased Premises") and constituting a part of the office/warehouse building (hereinafter called the "Building") located at 0000 Xxxx 00xx Xxxxx, Xxxxx X000, Xxxxxxx, Xxxxxxxx Xxxxxx, Xxxxxxx which Building is located upon the lot, tract or parcel of land more particularly described on Exhibit "B" attached hereto and made a part hereof for all purposes. If the Building is in a development containing one or more other buildings, such buildings together with all related site land, improvements, parking facilities, common areas, driveways and landscaping, together with the regional retail development Building, shall be referred to as the "Project". The purpose of the site plan attached as Exhibit "B" is to show the approximate location, of the Leased Promises. Landlord reserves the right at any time to relocate, vary and adjust the size of the various buildings, covenants, automobile parking areas. and other common areas as shown on Exhibit A, subject to covenants, restrictions said site plan. The use and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into occupancy by Landlord with the owners or lessees Tenant of the Anchor Store Site(s)Leased Premises shall include the use, and the terms and provisions in common with others entitled thereto, of the underlying leasecommon service areas, if any. It is agreed that the term “regional retail development” as used herein shall mean loading facilities, pedestrian walks, automobile driveways and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereonparking areas, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that as Exhibit "B". In determining the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions number of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level square feet of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, Tenant acknowledges that the Leased Premises includes the usable area, without deduction for columns or projections, multiplied by a load factor to reflect a share of certain areas, which may include lobbies, corridors, mechanical utility, janitorial, boiler and an easement above Tenant’s finished ceiling to the roofservice rooms and closets, or to the bottom restrooms and other public, common and service areas of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this LeaseBuilding. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement (Entech Environmental Technologies Inc)

Leased Premises. (a) Landlord, in In consideration of the rent mutual covenants as set forth herein, Lessor and Lessee hereby agree as follows: A. Lessor hereby leases to be paid Lessee and Lessee hereby leases from Lessor for the covenants to be performed by Xxxxxx, does hereby demise rental and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions conditions hereinafter set forth approximately 3,002 square feet of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with rentable area on the owners or lessees 2nd floor as indicated on the plan attached hereto as Exhibit “A” and known as Suite 210 (the “Leased Premises”) in the office building located at 4710 Bellaire, Bellaire, Hxxxxx Xxxxxx, Xxxxx 00000 (the “Building”). Facilities and areas of the Anchor Store Site(sBuilding that are intended and designated by Lessor from time to time for the common, general and nonexclusive use of all tenants of the Building are defined as the “Common Areas” which is part of the land described in Exhibit “A-1” (the “Land”). Lessor has the exclusive control over and right to manage the Common Areas and Land. Lessor shall have the exclusive use and control over all other areas of the Building and the property including, but not limited to, risers, horizontal and vertical shafts and telephone closets. Lessor reserves the right at any time to, in its commercially reasonable discretion, relocate, vary and adjust the size of the various buildings, covenants, automobile parking areas, Land and Common Areas. B. Xxxxxx also leases to Lessee certain parking space in the garage on the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is conditions set forth in Exhibit A “B” attached hereto. The total number of parking spaces for the property shall not decrease during the term of this lease. C. The Leased Premises shall be delivered to Lessee and Lessee shall accept same, in its current “AS IS, WHERE IS” condition subject to the construction of leasehold improvements, if any, set forth and described on Exhibit “F” attached hereto and made a part hereof, and hereof for all purposes. Lessee acknowledges that the term “Shopping Center” shall, except no representations as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof repair of the Leased Premises and or the area beneath said Premises are not demised hereunderBuilding, and the use thereofnor promises to alter, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through remodel or improve the Leased Premises serving other parts of or the regional retail developmentBuilding, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied have been made by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan)Lessor, except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined are expressly set forth in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjustedLease Agreement.

Appears in 1 contract

Samples: Lease Agreement (Bio-Path Holdings Inc)

Leased Premises. (a) LandlordSubject to the terms, provisions and conditions hereinafter set forth, and in consideration of the rent to be paid covenants of payment and the covenants to be performed performance stipulated herein, Landlord has leased, demised and let and by Xxxxxx, these presents does hereby lease, demise and lease let unto Tenant, and Tenant hereby rents and hires from Landlordfor the uses described in Section 1.03, those that certain premises in parcel of land (the regional retail development shown “Land”) more particularly described on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit Schedule A attached hereto and made a part hereof) together with all structures, improvements and additions thereon consisting of, inter alia, an approximately 107,654 square foot building (the “Building”) and the adjacent parking structure (collectively, the “Improvements”) known and numbered as 0 Xxxx Xxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxxxxxx, and that the term “Shopping Center” shallall rights, except as otherwise specifically provided hereineasements, mean appurtenances, privileges and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched)advantages belonging thereto. The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein Land and Improvements are hereinafter collectively referred to as the “Leased Demised Premises” or “Premises”) are described as , to have and to hold the Premises unto Tenant, and the Tenant’s permitted successors and assigns for and during the term hereinafter set forth in subject to the Data Sheet attached hereto. As used in this Leaseterms, the term “State” shall mean the state or commonwealth in which the Shopping Center is locatedcovenants and conditions hereinafter set forth. (b) The exterior walls Landlord represents and warrants to Tenant that on the roof date of delivery of possession of the Leased Premises to Tenant to Landlord’s knowledge, without due inquiry, (a) there are no violations of any statutes, laws, ordinances, orders, rules, regulations and other governmental requirements relating to the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair condition and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts occupancy of the regional retail developmentPremises, is hereby reserved unto Landlord. Landlord reserves an easement inor any rules, over orders, regulations and through the area occupied by the storefront requirements of the Leased board of fire underwriters, or any similar body having jurisdiction over the Premises that would prevent or delay Tenant’s occupancy of the Premises, and an easement above Tenant’s finished ceiling to (b) the roof, or to the bottom of the floor deck above the Leased Premises, Premises may be used for general access office purposes under the current zoning laws and in connection with the exercise of Landlord’s other rights under this Lease. restrictions, (c) The attached site plan as of the regional retail developmentCommencement Date, Exhibit Aall building systems (other than the HVAC system, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell makes no representations or lease for the purpose of construction and/or use by one or more anchor stores (as defined warranties) are in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor storeworking order, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event (d) Landlord elects to enlarge the regional retail development, has not received notice of any additional area may be included by Landlord violation of any environmental laws and regulations and there exists no hazardous wastes thereon except those stored and kept in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjustedaccordance with all laws.

Appears in 1 contract

Samples: Lease Agreement (GTJ REIT, Inc.)

Leased Premises. (a) Landlord, in In consideration of the rent to be paid rents reserved and the covenants and agreements herein contained on the part of Tenant to be performed by Xxxxxxobserved and performed, does Landlord hereby demise demises, lets and lease leases unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in consisting of a space containing an area of approximately 12,000 square feet (the regional retail development “Leased Premises”) shown on Exhibit A” attached hereto and constituting a part of the office/warehouse building, subject to covenantsknown as Building I, restrictions located at 0000 Xxxx Xxx Xxxxxxx Parkway North, Suite 190, Houston, Xxxxxx County, Texas (the “Building”), which Building is located upon the lot, tract or parcel of land more particularly described on Exhibit “A-1” attached hereto and easements of recordmade a part hereof for all purposes. The Building is in a development containing other buildings, the terms such buildings together with all related site land, improvements, parking facilities, common areas, driveways and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord landscaping, together with the owners or lessees Building are referred to herein as the “Project”. The purpose of the Anchor Store Site(s)site plan attached as Exhibit “A” is to show the approximate location of the Leased Premises. Landlord reserves the right at any time to relocate, vary and adjust the size of the various buildings, automobile parking areas, and other common areas as shown on said site plan provided the terms same do not materially and provisions adversely affect the Tenant's use and occupancy of the underlying leasePremises. The use and occupancy by Tenant of the Leased Premises shall include the use, if any. It is agreed that in common with others entitled thereto, of the term “regional retail development” as used herein shall mean common service areas, pedestrian walks, automobile driveways and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereonparking areas, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that as Exhibit “A”. In determining the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions number of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level square feet of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above Tenant acknowledges that the Leased PremisesPremises includes the usable area, without deduction for general access purposes and in connection with the exercise columns or projections, multiplied by a load factor to reflect a share of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereoncertain areas, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to include mechanical and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, service rooms and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord closets in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjustedBuilding.

Appears in 1 contract

Samples: Lease Agreement (Sulphco Inc)

Leased Premises. (a) Landlord, in consideration of the rent Landlord hereby leases to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, Tenant and Tenant hereby rents and hires leases from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer subject to the Anchor Store Sites and the Shopping Centerconditions hereinafter set forth in this Lease, including the buildings located or to be located thereonXxxxx 000, all 0000 Xxxxxxxx Xxxx Xxxx., Xxxxxxx, Xxxxxxxxx 00000, as shown on the site attached floor plan (Exhibit A), consisting of 22,475 square feet of rentable square feet (21,203 usable square feet plus a 6% load factor) on the 5th floor of the Building (the “Leased Premises”). The building in which the Leased Premises are located (the "Building") contains approximately 113,500 square feet and is set forth located on the property described in Exhibit A attached hereto B. The Building and made the property on which it is located are referred to herein as "Landlord's Property". Tenant shall also have a part non-exclusive right, subject to the provisions hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to use all appurtenances to the hatched and the shaded portions of such site plan which portions Leased Premises designated by Landlord from time to time open directly on the enclosed mall, if any, and which may vary at each level for use in common by other tenants of the regional retail development, together Building in accordance with the enclosed mallprovisions of Article V, if any, subject to the rights of Landlord under Section 5.01. Landlord has determined the rentable area of the Building and the Leased Premises substantially in accordance with ANSI/BOMA 1996 “Standard Method for Measuring Floor area in Office Buildings” (whether or not shaded or hatchedthe “BOMA Standards”). The approximate location of Landlord agrees to cap the Premises leased to Tenant hereunder is shown BOMA load factor at 6%. If at any time Landlord determines, substantially in Exhibit A. The leased premises (herein referred to as accordance with BOMA Standards, that the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof rentable area of the Leased Premises or Building differs from the rentable area specified in this section, Landlord and Tenant will amend this Lease accordingly; provided, however, that any such amendment will operate prospectively only. Landlord and Tenant will not make any retroactive adjustments to Base Rent or any other payments on account of any difference between the rentable area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through of the Leased Premises serving other parts of or Building specified in this section and the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the rentable area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to Premises or Building as may be determined after the roof, or to the bottom date of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge expand the regional retail developmentBuilding, any additional area Landlord shall have the option to remove from the Leased Premises the Exit Vestibule depicted on Exhibit A, consisting of 142 rentable square feet (the “Exit Vestibule”). Landlord may be included exercise this option by Landlord written notice (the "Removal Option Notice") to Tenant given at least thirty (30) days in the definition advance of the Shopping Center removal, provided Landlord shall be responsible for all costs related to such removal, including but not limited to the cost of any improvements or alterations required to partition the Exit Vestibule from the Leased Premises. The Removal Option Notice shall specify the date on which the Exit Vestibule shall be removed from the Leased Premises, at which time Tenant's obligation to pay Base Rent after the removal shall be adjusted to reflect the removal and thereafter the Exit Vestibule shall be excluded from the Leased Premises for all purposes of under this Lease. At all times during the Term of the Lease, Landlord shall also have provide Tenant with access to the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, Building and the floor area of the Shopping Center shall be accordingly adjustedLeased Premises twenty-four (24) hours a day, seven (7) days a week.

Appears in 1 contract

Samples: Lease Agreement (Exact Sciences Corp)

Leased Premises. (a) Landlord, in consideration of the rent Landlord hereby leases to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, Tenant and Tenant hereby rents leases from Landlord for the Term (as defined hereinbelow) and hires from Landlordupon and expressly subject to the covenants, those certain premises conditions and terms set forth in this Lease, Suite 315 consisting of approximately 2,244 rentable square feet (the regional retail development “Leased Premises”), as is shown on Exhibit the attached Appendix A, which Leased Premises are situated in that certain building located at 0000 X. Xxxxxxxx Xxx, Xxxxxxxxx Xxxxxxx, Xxxxxxxx Xxxxxx, Xxxxxxxx, and known as Syracuse Hill II (the “Building”), which Building is situated on that certain parcel of real property (the “Property”) legally described in Appendix B, together with a non-exclusive right, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Centerhereof, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto any reasonable rules and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions regulations adopted from time to time open directly by Landlord and any easements, declarations, covenants, conditions, and restrictions now or hereafter recorded with respect to the Property, governing the use thereof, to use all Appurtenances (as defined below) thereto, as hereinafter defined, designated by Landlord for the exclusive or non-exclusive use of tenants of the Building or the Building Complex, as hereinafter defined. The common areas, including without limitation, all plazas, walkways, sidewalks, parking areas and facilities, and other facilities, areas and appurtenances of the Building, any other buildings or the Property, as may be designated from time to time by Landlord (collectively “Appurtenances”), the Building, any other buildings now or hereinafter constructed on the enclosed mall, if anyProperty, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as Property are hereinafter sometimes collectively called the “Leased Premises” or “PremisesBuilding Complex) are described as set forth in . Landlord reserves the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of right to re-measure the Leased Premises and the area beneath said Premises are not demised hereunder, and Building at any time pursuant to the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts standards of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over Building Owners and through the area occupied by the storefront Management Association (“BOMA”) and to adjust any calculations of the Leased Premises, and an easement above Base Rent or Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this LeaseProportionate Share accordingly. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Office Lease (Heatwurx, Inc.)

Leased Premises. (a) Landlord, in In consideration of the rent to be paid rents reserved and the covenants and agreements herein contained on the part of Tenant to be performed by Xxxxxxobserved and performed, does Landlord hereby demise demises, lets and lease leases unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises consisting of a space containing an area of approximately 7,274 square feet (hereinafter called the "Leased Premises") and constituting a part of the office/warehouse building (hereinafter called the "Building") located at 9050 Xxxxx Xxxxx, Houston, Harrxx Xxxnty, Texas which Building is located upon the lot, tract or parcel of land more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes. If the Building is in a development containing one or more other buildings, such buildings together with all related site land, improvements, parking facilities, common areas, driveways and landscaping, together with the regional retail development Building, shall be referred to as the "Project". The purpose of the site plan attached as Exhibit "B" is to show the approximate location of the Leased Premises. Landlord reserves the right at any time to relocate, vary and adjust the size of the various buildings, covenants, automobile parking areas, and other common areas as shown on Exhibit A, subject to covenants, restrictions said site plan. The use and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into occupancy by Landlord with the owners or lessees Tenant of the Anchor Store Site(s)Leased Premises shall include the use, and the terms and provisions in common with others entitled thereto, of the underlying leasecommon service areas, if any. It is agreed that the term “regional retail development” as used herein shall mean loading facilities, pedestrian walks, automobile driveways and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereonparking areas, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that as Exhibit "B". In determining the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions number of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level square feet of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, Tenant acknowledges that the Leased Premises includes the usable area, without deduction for columns or projections, multiplied by a load factor to reflect a share of certain areas, which may include lobbies, corridors, mechanical, utility, janitorial, boiler and an easement above Tenant’s finished ceiling to the roofservice rooms and closets, or to the bottom restrooms and other public, common and service areas of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this LeaseBuilding. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement (Sharps Compliance Corp)

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Leased Premises. (a) LandlordLESSOR hereby leases to TENANT and TENANT hereby leases from LESSOR Office Suite Wildcat Aviation, LLC, in consideration of the rent to be paid and located CITY OF ARLINGTON AIRPORT TERMINAL BUILDING (herein called the covenants to be performed by Xxxxxx“Building”), does 0000 Xxxxx Xxxxxxx Xxxxxx in Arlington, Tarrant County, Texas. The space hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises leased in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or Building is hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as called the “Leased Premises” and is outlined on the floor plan drawings attached hereto as Exhibit “A” and made a part hereof for all purposes. The Leased Premises are to be used and occupied by the TENANT solely for the purposes of corporate aviation and ancillary business office activities. The Leased Premises as used herein, shall mean that area occupied or “Premises”to be occupied by the TENANT, measured from the inside surface of the outer glass or finished column walls of the building to the midpoint of (a) are described as set forth in the Data Sheet attached heretowalls separating areas leased by or held for lease to other TENANTS, (b) the walls of Common Areas, hereinafter defined, and (c) the walls of Service Areas, herein defined. As used in this Lease, the The term “StateCommon Areas,as used herein, shall mean the state Building entries, Building corridors, lobbies, restrooms, janitor closets, vending rooms, telephone rooms, mechanical rooms, electrical rooms, elevator rooms and all other areas of the Building of any nature not for the exclusive use of any particular TENANT. The term “Service Areas,” as used herein, shall mean the Building stairs, elevator shafts, fire towers, flues, vents, stacks, pipe shafts and vertical ducts. No deductions from area calculations shall be made for the columns or commonwealth other projections or structural portions necessary to the building. The Net Rentable Area in which the Shopping Center Leased Premises has been calculated on the basis of the foregoing definition and is located. (b) The exterior walls hereby stipulated for all purposes to be approximately 1,196 square feet, whether the same should be more or less as a result of minor variations resulting from actual construction and the roof completion of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together for occupancy so long as such work is done in accordance with the right to locate, both vertically terms and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Leaseprovisions hereof. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. (a) Landlord, in In consideration of the rent rents, covenants and agreements hereafter reserved and contained on the part of Tenant to be paid observed and performed, the covenants Landlord demises and leases to be performed by Xxxxxx, does hereby demise and lease unto the Tenant, and Tenant hereby rents and hires from Landlord, those certain premises now existing or hereafter to be erected in Coral Springs, Broward County, Florida, and being designated as Suitx 000 xx Xxxxxxxx Xx. 0000 (xxrein called the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, "Building") located within the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with Center For The Medical Arts At Coral Springs (herein called the owners or lessees of the Anchor Store Site(s"Center"), and which premises consist of approximately 4,000-5,000 square feet (herein called the terms and provisions of the underlying lease, if any"Leased Premises"). It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the The site plan which for the Center is set forth attached hereto as Exhibit "A" and made a part hereof. The Building is located upon that real property (herein called the "Property") legally described in Exhibit A "B" attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of square footage area stated above shall be revised and certified by the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as architect based upon the “Leased Premises” or “Premises”) are described as set forth final plans approved by Landlord and Tenant, and such revised figure shall be used in the Data Sheet attached hereto. As used in calculation of rent and other sums as appropriate under this Lease. No deduction or exclusion from leasable square footage shall be made in computing any rents by reason of columns, stairs or other interior construction, obstruction or equipment, and all dimensions shall be measured from the term “State” shall mean center line of interior walls and/or from the state or commonwealth in which the Shopping Center is located. (b) exterior face of exterior walls. The exterior walls and the roof square footage of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied as so calculated by the storefront of the Leased Premisesarchitect, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s as well as any other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be areas within the hatched and/or shaded area shown on Center or the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s optionBuilding, may hereinafter be excluded from called "square footage," "actual square footage," leasable square footage," "total leasable square footage," "actual leasable square footage" or any similar term, all of which shall have the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may same meaning and be included by Landlord calculated in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjustedaforesaid manner.

Appears in 1 contract

Samples: Lease Agreement (Radiation Therapy Services Inc)

Leased Premises. (a) Landlord, in consideration of the rent Landlord hereby leases to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, Tenant and Tenant hereby rents and hires leases from LandlordLandlord that certain parcel of real estate containing approximately 42.61 acres located in Vanderburgh County, those certain premises in the regional retail development shown on Exhibit AIndiana, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth described in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail developmentincorporated herein by this reference, together with all rights, interest and privileges therein or appurtenant thereto, including any existing or necessary easements of access to the enclosed mallReal Estate and/or on, if anyover and across any adjacent or abutting parcels, whether owned by Landlord or otherwise, and all permits and approvals therefor (whether or the “Real Estate”), the building (the “Building”) to be constructed by Landlord thereon, shown and described on Exhibit A-1 (“Site Plan”) attached hereto and incorporated herein by this reference, which such Building will consist of approximately four hundred nine thousand three hundred fifty (409,350) square feet (measured from the exterior face of all exterior walls), of which four hundred one thousand two hundred fifty (401,250) square feet shall be distribution center/warehouse space and eight thousand one hundred (8,100) square feet shall be office space, and related improvements to be constructed on the Real Estate by Landlord and used in connection with the Building and Tenant’s operations therefrom, including but not shaded or hatchedlimited to curb cuts, access drives, roadways, parking areas and loading docks (the “Improvements”). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein Real Estate, Building and Improvements are collectively referred to as the “Leased Premises” or “Premises) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof boundary description of the Leased Premises and is outlined on the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through Site Plan attached hereto. The address of the Leased Premises serving other parts is 00000 X. Xxxxxxx 00, Xxxxxxxxxx, Xxxxxxx 00000. Notwithstanding the foregoing or anything in this Lease to the contrary, within ten (10) days after execution of this Lease, Landlord shall deliver to Tenant the following: (a) current owner’s title insurance policy, including copies of any exceptions thereto; (b) current survey of the regional retail developmentReal Estate, is hereby reserved unto Landlord. Landlord reserves an easement inincluding the location of all easements, over rights of way, above and/or below ground utilities, and through the area occupied by the storefront metes and bounds description of the Leased Premises, and an easement above Tenant’s finished ceiling boundary lines of the Real Estate; (c) platted subdivision or proposed plat of subdivision (if applicable) with respect to the roof, balance of any property owned by Landlord and adjacent to or abutting the Leased Premises but not otherwise herein Leased to the bottom Tenant; (d) existing environmental assessments of the floor deck above the Leased Premises, for general access purposes Real Estate and any correspondence or orders from any jurisdictional authorities in connection with the exercise presence or alleged presence of hazardous materials on or adjacent to the Real Estate; and (e) evidence of Landlord’s other rights under this Lease. proper and lawful formation, good standing and authority to enter into the Lease with Tenant (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(sDue Diligence Documents”)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Tenant objects to any matters of title or survey or there shall be any environmental condition or presence or alleged presence of hazardous materials on or about the Real Estate, Tenant shall provide Landlord elects with written notice thereof and Landlord shall be obligated to enlarge cure any and all such objections prior to the regional retail developmentCommencement Date. Notwithstanding the foregoing, in the event the said objections are of a type that may not reasonably be cured within such time period, or are otherwise not susceptible to cure, Landlord shall have the right and option to relocate the Leased Premises to a site in the immediate vicinity comparable in all respects to the existing site; provided, however, the Scheduled Completion Date and each Partial Completion Date shall not be altered, nor shall Tenant incur any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing cost or future areas, and the floor area of the Shopping Center shall be accordingly adjustedexpense.

Appears in 1 contract

Samples: Lease Agreement (Shoe Carnival Inc)

Leased Premises. (a) Landlord, in In consideration of the rent rents, covenants and agreements hereinafter reserved and contained on the part of Tenant to be paid observed and performed, the covenants Landlord demises and leases to be performed by Xxxxxx, does hereby demise and lease unto the Tenant, and Tenant hereby rents and hires from Landlord, those certain premises premises, now or hereafter to be erected in the regional retail development shown on Exhibit AShopping Center (herein called the "Shopping Center") located at the intersection of Xxxxxxxx Boulevard and Mill Creek Road, subject to covenantsLower Macungie Township. Lehigh County, restrictions Commonwealth of Pennsylvania, which consists of a store and easements containing an area of record, approximately four thousand (4000) rentable square feet (herein collectively called the terms "Leased Premises"). b) The boundaries and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees location of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown Leased Premises are crosshatched on the site plan of the Shopping Center ("Site Plan"), which is set forth in marked Exhibit A and is attached hereto and hereby made a part hereof. c) Landlord reserves the use of the roof and exterior walls of the Leased Premises, and that the term “Shopping Center” shallright, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed malltime, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair repair, place and replace pipes, utility lines, ductspipes, conduits, flueswires, refrigerant linesand satellites in, drains, sprinkler mains and valves, access panels, wires and structural elements leading through on or under the Leased Premises serving (in locations which shall not materially interfere with Tenant's use thereof) to serve other parts of or premises in the regional retail development, is hereby reserved unto Shopping Center. All such work shall be done at Landlord's expense in a manner which minimizes interference with Tenant’s business. Landlord reserves an easement inshall, at Landlord’s sole cost and expense, repair and correct any and all damage to the Leased Premises caused by such work. d) The Leased Premises are demised and let subject to (a) the existing state of the title thereof as of the date of this Lease, (b) any state of facts which may be shown by an, updated survey or physical inspection of the Premises, (c) all zoning regulations, restrictions, rules and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roofall agreements, or to the bottom of the floor deck above licenses, easements, covenants, restrictions and other matters which affect the Leased Premises, the title thereto, or the use, enjoyment, occupancy or possession thereof but do not prohibit or materially interfere with the use or development of the Leased Premises as a bank office and (d) the Ground Lease between Landlord, as tenant, and Xxxxx Xxxxx and Xxxxxxx X. Xxxxx, as landlord, dated as of July 8, 2005. A redacted copy of the Ground Lease is attached hereto as Exhibit E. e) Tenant's obligations under this Lease are conditioned upon the approval of this Lease and the location of the bank branch office by the Pennsylvania Department of Banking and the FDIC for general access purposes which Tenant shall diligently and in connection with good faith apply immediately following the exercise execution of Landlord’s other rights under this Lease by Landlord and Tenant. In the event such approvals are not obtained within 120 days of the date of this Lease., this Lease shall be null and void and all payments, if any, made by Tenant to Landlord shall be refunded to Tenant without offset. INTIALS: LANDLORD RB TENANT DL f) Notwithstanding any other provisions contained in this Lease, in the event (ca) The attached site plan Tenant or its successors or assignees shall become subject to a bankruptcy case pursuant to Title 11 of the regional retail developmentU.S. Code or similar proceeding during the term of this Lease or (b) the depository institution then operating at the Leased Premises is closed, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively is taken over by any depository institution supervisory authority (hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever "Authority") during the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. , Landlord shall also have may, in either such event, terminate this Lease only with the general right from time concurrence of any Receiver or Liquidator appointed by such Authority or pursuant to time to include within and/or to exclude appropriate order of the Court with jurisdiction over such case or proceeding, or upon the expiration of the stated term of this Lease during the term of this Lease provided that in the event this Lease is terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury, resulting from the defined Shopping Center any existing termination, rejection, or future areas, and the floor area abandonment of the Shopping Center unexpired Lease shall be accordingly adjustedby law in no event exceed all accrued and unpaid Minimum Rent and Additional Rent to the date of termination.

Appears in 1 contract

Samples: Lease (Embassy Bancorp, Inc.)

Leased Premises. (a) Landlord, in consideration Landlord is the developer of the rent to be paid XXXXXXX CENTER SOUTH building (the "Building"), an office tower and commercial complex located at the covenants to be performed by Xxxxxxnorthwest corner of Lombard and Xxxxxxx Xxxxxxx, Xxxxxxxxx, Xxxxxxxx. Landlord does hereby demise and lease unto Tenant, and Tenant does hereby rents and hires rent from Landlord, those certain premises that portion of the Building on the lobby floor containing in the regional retail development shown on Exhibit A, subject to covenants, restrictions aggregate two thousand fifteen (2,015) rentable square feet (the "Leased Premises") and easements consisting of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” those two areas as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown more particularly described on the site plan which is set forth in Exhibit A schedule attached hereto as Exhibit "A", initialed by the parties and made a part hereof. Tenant hereby accepts the Leased Premises in "AS-IS" condition, and that having occupied the term “Shopping Center” shallsame since 1975 pursuant to a prior lease agreement dated November 1, except as otherwise specifically provided herein, mean and refer to 1973 (the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched"Existing Lease"). The approximate location Existing Lease shall expire simultaneously with the Commencement Date of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease. Notwithstanding the foregoing, Tenant shall continue to be obligated for liabilities incurred under the term “State” shall mean Existing Lease prior to the state or commonwealth in which the Shopping Center is locatedCommencement Date. (b) The exterior walls and Landlord shall, at its cost, undertake the roof of work necessary to demise the Leased Premises and from the area beneath said leased pursuant to the Existing Lease, which demising work shall include providing a dedicated HVAC unit for the Leased Premises. All work within the Leased Premises are not demised hereundershall be done at Tenant's sole cost and expense and in accordance with the provisions of Section 9 below. Landlord grants Tenant, and the use thereofat Tenant's cost, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through install a vault (the "Vault") within the Leased Premises serving other parts of the regional retail developmentin accordance with plans and specifications attached hereto as Exhibit B, is hereby reserved unto Landlord. Landlord reserves an easement inprovided, over and through the area occupied by the storefront of the Leased Premiseshowever, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, Tenant provides all additional support which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects required to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjustedaccommodate said vault.

Appears in 1 contract

Samples: Office Lease (Banks of the Chesapeake Inc)

Leased Premises. (a) Landlord, in In consideration of the rent rents, covenants and agreements hereinafter reserved and contained on the part of Tenant to be paid observed and performed, the covenants Landlord demises and leases to be performed by Xxxxxx, does hereby demise and lease unto the Tenant, and Tenant hereby rents and hires from Landlord, those certain premises premises, now or hereafter to be erected in the regional retail development shown on Exhibit AShopping Center (herein called the "Shopping Center") located at the intersection of Hxxxxxxx Boulevard and Mill Creek Road, subject to covenantsLower Macungie Township. Lehigh County, restrictions Commonwealth of Pennsylvania, which consists of a store and easements containing an area of record, approximately four thousand (4000) rentable square feet (herein collectively called the terms "Leased Premises"). b) The boundaries and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees location of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown Leased Premises are crosshatched on the site plan of the Shopping Center ("Site Plan"), which is set forth in marked Exhibit A and is attached hereto and hereby made a part hereof. c) Landlord reserves the use of the roof and exterior walls of the Leased Premises, and that the term “Shopping Center” shallright, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed malltime, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair repair, place and replace pipes, utility lines, ductspipes, conduits, flueswires, refrigerant linesand satellites in, drains, sprinkler mains and valves, access panels, wires and structural elements leading through on or under the Leased Premises serving (in locations which shall not materially interfere with Tenant's use thereof) to serve other parts of or premises in the regional retail development, is hereby reserved unto Shopping Center. All such work shall be done at Landlord's expense in a manner which minimizes interference with Tenant’s business. Landlord reserves an easement inshall, at Landlord’s sole cost and expense, repair and correct any and all damage to the Leased Premises caused by such work. d) The Leased Premises are demised and let subject to (a) the existing state of the title thereof as of the date of this Lease, (b) any state of facts which may be shown by an, updated survey or physical inspection of the Premises, (c) all zoning regulations, restrictions, rules and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roofall agreements, or to the bottom of the floor deck above licenses, easements, covenants, restrictions and other matters which affect the Leased Premises, the title thereto, or the use, enjoyment, occupancy or possession thereof but do not prohibit or materially interfere with the use or development of the Leased Premises as a bank office and (d) the Ground Lease between Landlord, as tenant, and Lxxxx Xxxxx and Bxxxxxx X. Xxxxx, as landlord, dated as of July 8, 2005. A redacted copy of the Ground Lease is attached hereto as Exhibit E. e) Tenant's obligations under this Lease are conditioned upon the approval of this Lease and the location of the bank branch office by the Pennsylvania Department of Banking and the FDIC for general access purposes which Tenant shall diligently and in connection with good faith apply immediately following the exercise execution of Landlord’s other rights under this Lease by Landlord and Tenant. In the event such approvals are not obtained within 120 days of the date of this Lease., this Lease shall be null and void and all payments, if any, made by Tenant to Landlord shall be refunded to Tenant without offset. INTIALS: LANDLORD RB TENANT DL f) Notwithstanding any other provisions contained in this Lease, in the event (ca) The attached site plan Tenant or its successors or assignees shall become subject to a bankruptcy case pursuant to Title 11 of the regional retail developmentU.S. Code or similar proceeding during the term of this Lease or (b) the depository institution then operating at the Leased Premises is closed, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively is taken over by any depository institution supervisory authority (hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever "Authority") during the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. , Landlord shall also have may, in either such event, terminate this Lease only with the general right from time concurrence of any Receiver or Liquidator appointed by such Authority or pursuant to time to include within and/or to exclude appropriate order of the Court with jurisdiction over such case or proceeding, or upon the expiration of the stated term of this Lease during the term of this Lease provided that in the event this Lease is terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury, resulting from the defined Shopping Center any existing termination, rejection, or future areas, and the floor area abandonment of the Shopping Center unexpired Lease shall be accordingly adjustedby law in no event exceed all accrued and unpaid Minimum Rent and Additional Rent to the date of termination.

Appears in 1 contract

Samples: Lease (Embassy Bancorp, Inc.)

Leased Premises. (a) Landlord, in consideration of the rent Landlord demises and leases to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents leases and hires takes from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locateuse for ingress to and egress from the Leased Premises, both vertically in common with others, the Common Areas. Landlord has the exclusive right, subject to any express limitation set forth in Section 4.04 and horizontallyArticle XIX hereof, to (i) use the exterior faces of all perimeter walls of the Building, the roof and all air space above the Building and (ii) install, maintain, use, repair and replace pipes, utility linesducts, ductscables, conduits, fluesplumbing, refrigerant linesvents, drainsutility lines and wires to, sprinkler mains in, through, above and valves, access panels, wires and structural elements leading through below the Leased Premises serving and other parts of the regional retail developmentBuilding. Tenant, is hereby reserved unto or a registered architect selected by Tenant, shall have the right to access, review and remeasure the Leased Premises prior to the Term Commencement Date. Tenant shall deliver such calculation to Landlord. If the rentable area for the Leased Premises determined by Tenant's architect differs by two percent (2%) or less (higher or lower) from Landlord's figure, then Landlord's figure shall be controlling. If the rentable area figure determined by Tenant's architect differs by more than two (2%) (higher or lower) from Landlord's figure, then Landlord reserves and Tenant shall endeavor to resolve such discrepancy. If Landlord and Tenant are not able to resolve such discrepancy, then Landlord and Tenant shall jointly appoint an easement inindependent architect to resolve such discrepancy and the determination of such independent architect shall be binding on both Landlord and Tenant. During any such dispute Tenant shall pay Minimum Rent to Landlord based on Landlord's determination. The cost of any such independent architect shall be shared equally by Landlord and Tenant. If the square footage is adjusted pursuant to this Article II, over then the Minimum Rent, Tenant's Operating Costs Share, Tenant's Tax Share, the Tenant Work Allowance (as defined in the Work Agreement attached hereto as Exhibit B) and through any other amounts or terms in this Lease which are based upon the area occupied by square footage of the storefront Leased Premises shall be retroactively adjusted to reflect such square footage as of the Term Commencement Date. If Tenant makes any payment of Minimum Rent prior to the final determination of the rentable square feet of space of the Leased Premises, and an easement above the amount of Minimum Rent payable for such period exceeds the amount previously paid by Tenant’s finished ceiling , Tenant shall pay the amount of such excess to Landlord within thirty (30) days of written demand thereof from Landlord. If the amount of Minimum Rent payable for such period is less than the amount theretofore paid by Tenant, Landlord shall credit the same to the roof, or to the bottom next payment of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this LeaseMinimum Rent due hereunder. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Office Lease Agreement (Opnet Technologies Inc)

Leased Premises. (a) Landlord, in consideration of the rent to be paid and the covenants to be performed by Xxxxxx, Leased Premises The Landlord does hereby demise and lease unto Tenantto the Tenant the premises (the “Leased Premises”) located in a building (the “Building”) having a municipal address of 0000 X. Xxxxxxxxx Road, and Tenant hereby rents and hires from Landlord, those certain premises Suite 300 East in the regional retail development shown on Exhibit A, subject to covenants, restrictions Village of Schaumburg and easements of recordknown as Schaumburg Corporate Center (the Leased Premises, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail developmentBuilding, together with the enclosed malllands described in Schedule “A” attached hereto and present and future improvements, if any, (whether or not shaded or hatchedadditions and changes thereto being herein called the “Property”). The Leased Premises are located on third Floor East and third Floor South and the approximate location of is outlined in heavy black and cross hatched on the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the plan or plans marked Schedule(s) Leased PremisesB1or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, The parties agree that the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof Rentable Area of the Leased Premises and is 45,407 square feet. Notwithstanding the area beneath said Premises are not demised hereunderforegoing, and the use thereof, together with the right Tenant shall be entitled to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through cause the Leased Premises serving to be re-measured, with such re-measurement being performed by a licensed architect in accordance with the provisions of Schedule “B” attached hereto no later than 10 days after the date this Lease has been signed and delivered by the parties. In the event that the Leased Premises contains other parts than the stated square feet, Basic Rent, Tenant’s Proportionate Share and any other provisions of this Lease which are based on the size of the regional retail developmentLeased Premises shall be ratably modified. If Landlord disagrees with Tenant’s re-measurement, is hereby reserved unto Landlord. Landlord reserves an easement in, over ’s and through Tenant’s architects shall together select a third architect at their joint expense who shall determine the area occupied by the storefront size of the Leased Premises. Tenant has certain rights of expansion as more particularly set forth in Schedules “L-1” and “L-2”. In addition to those rights, and an easement above Landlord will use commercially reasonable efforts to accommodate Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above future expansion needs on all space that is contiguous with the Leased Premises, for general access purposes . The immediately preceding sentence only obligates Landlord to act in a commercially reasonable manner and in connection good faith in dealing with Tenant at such time as Tenant may subsequently request additional space from Landlord, and it does not obligate Landlord to any particular terms and conditions regarding such expansion needs or to apprise Tenant of the exercise status of contiguous space, unless Tenant requests information regarding the status of contiguous space, in which case Landlord shall make commercially reasonable and good faith efforts to respond to such request. Landlord represents to Tenant that to the best of Landlord’s other rights under this Lease. (c) The attached site plan knowledge, with respect to fourth Floor East and third Floor South of the regional retail developmentBuilding, Exhibit Aall rights of current tenants to expand, includes premises identified thereon other option rights and rights of first refusal or first offer, as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which date hereof, are accurately and fully set forth in Schedule “M-2”. Notwithstanding the foregoing, Landlord may from time shall not be liable to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined Tenant in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event that Landlord elects inadvertently fails to enlarge include on Schedule “M-2” all of the regional retail development, any additional area may be included by Landlord rights described in the definition preceding sentence provided that Landlord made good faith and diligent efforts to identify all of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjustedsuch rights on Schedule “M-2”.

Appears in 1 contract

Samples: Lease Agreement (American Pharmaceutical Partners Inc /De/)

Leased Premises. (a) Landlord, in consideration of the rent Rent (as defined in Section 2.3) to be paid and the covenants to be performed by XxxxxxTenant, does hereby lease and demise and lease unto to Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in Landlord for the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of recordTerm herein set forth, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan Leased Premises which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto, in the retail development designated as City Mills At Orange or by such other naxx xx Landlord may from time to time hereafter designate (hereinafter "Retail Development"). As The term "State" as used herein shall mean the State or Commonwealth of California. For all purposes in this Lease, a "Major Tenant" is any occupant of 20,000 square feet or more of floor area in the term “State” shall mean Retail Development and a "Major Tenant Space" is any space in the state Retail Development containing 20,000 square feet or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forthmore. It is agreed that, wherever the term "Shopping Center" is used herein, it shall be deemed to exclude mean the Anchor Store Sites (even if such Sites shall be within Retail Development excluding the hatched and/or shaded area shown on the site plan)Major Tenant Spaces, except as otherwise specifically stated herein. In addition, said site plan includes other portions Exhibit A sets forth the general layout of the Shopping Center which Retail Development. Landlord may does not warrant or represent that the Retail Development or the Leased Premises will be constructed exactly as shown thereon or that it will be completed by a specific date. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time sell time, without notice to or lease for the purpose consent of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor storeTenant, and whichwithout in any manner diminishing Tenant's obligations under this Lease, at Landlord’s optionto make alterations or additions to, may be excluded from and build additional stories on the Shopping Centerbuilding in which the Leased Premises are located and to build adjoining the same, to construct other buildings and improvements of any type in the Retail Development or the common areas, or any part thereof, including the right to locate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the Retail Development, and to make alterations therein or additions thereto, to build additional stories on any building or buildings within the Retail Development, and to build adjoining thereto, to construct decks or elevated parking facilities and free standing buildings within the parking lot areas of the Retail Development, and to change the size, location, elevation and nature of any of the stores in the Retail Development or the common areas, or any part thereof. In the event Landlord elects to enlarge the regional retail developmentRetail Development, or any part thereof, any additional area may be included by Landlord in the definition of the Shopping Center Retail Development for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, areas and the floor area of the Shopping Center shall be accordingly adjusted. The premises leased to Tenant are herein referred to as the "Leased Premises". The approximate location of the Leased Premises is cross-hatched on the lease plan of the Retail Development attached hereto and made a part hereof as Exhibit A. This Lease of the Leased Premises is subject to all applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and agreements affecting the Retail Development and the terms and provisions of certain master declaration, reciprocal easement and operating agreements now or hereafter entered into by Landlord. Subject to the provisions of Section 5.1, Tenant shall enjoy a non-exclusive easement, right and privilege for Tenant and its customers, employees and invitees and the customers, employees and invitees of any assignee, sublessee, concessionaire or licensee of Tenant, to use the common areas of the Shopping Center, with Landlord and the other tenants and occupants of floor area within the Shopping Center and their respective customers, employees and invitees. Furthermore, Landlord agrees that any additions, alterations or modifications to the Shopping Center by Landlord shall not adversely affect access to, or visibility of the Leased Premises and, except as otherwise provided for herein, Tenant shall retain substantially the same relative position with respect to Major Tenants of the Shopping Center as of the Commencement Date.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Leased Premises. 1.1 The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor Premises in the Building as specified below: · the office premises on the 7th floor (a8th floor above ground) Landlord, in consideration of the rent to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements Building with a total leased area of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan 886 sq m which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly specified on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, plan (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises Enclosure A hereto) (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(sOffices”)” and/or ; and · utilities/sanitary facilities jointly with corridor on the 7th floor (8th floor above ground) of the Building with a total leased area of 50 sq m which is specified on the enclosed plan (Enclosure A hereto) (hereinafter referred to as the Anchor Store(sUtilities/sanitary facility”),” unless otherwise specifically set forth. It is agreed that; and · seven (7) secured car parking places as specified an outlined in the Enclosure G hereto (hereinafter referred to as the “Parking places”) (Offices, wherever Utilities/sanitary facility, Parking places are hereinafter jointly referred to as the term Shopping Center” is used herein, it Premises”). 1.2 The Lessee shall be deemed also entitled to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions share use of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor common area of the Shopping Center Buildings (such as vertical communications, entrance on first floor) in extent needed for use of the Premises. For use of the common area the Lessee shall be accordingly adjustedpay to the Lessor the add-on-factor of 8 % of the rent for Premises (see Article V. hereof). The Lessor also secures to the Lessee an unrestricted access to the Spielberk Office Centre, namely to the Premises, by foot and car or any other vehicle from the nearest public road and the adequate services of public transportation to the Spielberk Office Centre. 1.3 The equipment and fittings of the Premises which belong to the Lessor and which the Lessee is entitled to use are specified in Enclosure B (“Equipment & Fittings’). The rent under this Agreement was agreed upon taking into account the right of the Lessee to use the Equipment & Fittings. 1.4 The Lessee hereby accepts the Premises and the Equipment & Fittings from the Lessor and as of the handover date the Lessee shall confirm that it has duly examined the Premises and the Equipment & Fittings and become familiar with condition thereof by signing the handover protocol. The Lessee considers the Premises as being adequately described in Enclosures A, B and G and therefore the Lessee confirms that it may not raise any claims concerning the size and/or the specification of the Premises and/or the Equipment & Fittings. 1.5 The Lessor hereby declares that the Building and the Premises is suitable for the use in accordance with this Agreement and that all necessary administrative permits such as occupancy permit (“kolaudační rozhodnutí’) for the use of the Building has been issued. A copy of the use permit is attached as the Enclosure C hereto.

Appears in 1 contract

Samples: Lease Agreement (Edwards Group LTD)

Leased Premises. 1.1 The Leased Premises shall consist of (a) Landlordthe Kamine Premises, in consideration (b) the Advance Premises, the Sprint Premises, the SAS Premises and the Storage Space (together with the Kamine Premises, sometimes collectively referred to herein as the "Entire Leased Premises"), as, if and when such portions of the rent Leased Premises are delivered to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, (c) together in common with and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions the existing rights and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions those other rights granted from time to time open directly on by Landlord to others, the enclosed mallnon-exclusive right to use the Common Areas (hereinafter defined) and (d) together in common with other tenants of Landlord, if anyall easements, appurtenances, hereditaments, fixtures and which may vary at each level of the regional retail developmentrights and privileges appurtenant thereto including, together with the enclosed mallwithout limitation, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as those set forth in the Data Sheet attached heretoMaster Deed. As used in this LeaseNotwithstanding anything herein to the contrary, the term “State” shall mean Leased Premises does not include, and Landlord excludes therefrom, the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and roof of the roof Building, as well as the land beneath the Building. Upon the delivery, if ever, of the Entire Leased Premises to Tenant and for so long as Tenant leases the Entire Leased Premises, Area A and Area B (each as hereinafter defined) shall be deemed to be a part of the Leased Premises and the area beneath said Premises are not demised hereunderand, and the use thereof, together with Tenant shall have the right to locatemodify the existing use of Area A and Area B, both vertically so long as (i) such modifications comply with all Governmental Requirements and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts provisions of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased PremisesParagraph 19 herein, and an easement above do not result in such areas being deemed permanently occupied or tenanted (e.g. no employees of Tenant may permanently occupy such space), and (ii) at Landlord's sole option, Tenant’s finished ceiling , at its sole cost and expense, returns Area A and Area B to substantially the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and same condition as they are in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes date of this Lease. Landlord shall also have , prior to the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area earliest of the Shopping Center shall be accordingly adjusted.following: (x) the Expiration Date, (y) any termination of this Lease in accordance with the terms hereof or (z) the date on which any portion of the Entire Leased Premises is no longer leased by

Appears in 1 contract

Samples: Lease Agreement (KMC Telecom Holdings Inc)

Leased Premises. We agree to lease to you and you agree to lease from us, one furnished bedroom for your exclusive use (areferred to herein as your "Bedroom") Landlordin a 4 bedroom apartment, in consideration and together with the other residents of the rent apartment, you have the joint right to be paid and use the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees common areas of the Anchor Store Site(s)apartment, and which are composed of those areas within the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer apartment to the Anchor Store Sites and the Shopping Centerwhich you have access without going into another bedroom, including the buildings located or to be located thereonliving room, kitchen, a common bathroom, all as shown on of the site plan which is set forth in Exhibit A attached hereto associated appliances and made a part hereoffurnishings, and that where applicable, laundry facilities within the term “Shopping Center” shallApartment (the "Common Areas"). Your Bedroom, except as otherwise specifically provided herein, mean and refer to the hatched other bedrooms in the apartment and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein Common Areas are referred to collectively in this Lease as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein"Apartment". In addition, said site plan includes other portions you have the right to non-exclusive use of those areas of the Shopping Center Community to which Landlord all residents have general access. You also have joint use of the mail box that is assigned to you by us (the "Mail Box"). If the Postmaster serving the Community has instituted or begins during the Lease "single drop delivery," we will place your mail in the Mail Box. We may from require that you show a valid photo identification to retrieve packages. If packages and deliveries are not picked up within 30 days of delivery we may return them to sender or the post office. If we accept packages for you it is for your convenience, we are not responsible for loss, theft, damage or delays in delivery and/or failure of delivery of your mail or packages. You must be a matriculated full-time or part-time undergraduate or graduate student currently enrolled in Syracuse University, paying Syracuse University tuition in order to time sell enter into this Lease with us; provided however, that under no circumstance shall your failure to maintain said enrollment during the Lease Term in any way reduce, diminish, or lease terminate your obligation to pay the full Rent and any Additional Charges due or to become due under this Lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof)full Lease Term, which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center obligation shall be accordingly adjustedongoing and continue throughout the Lease Term regardless of any subsequent change in your enrollment status at Syracuse University. [Cf.

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. ( a) Landlord, in In consideration of the rent rents, covenants and agreements hereinafter reserved and contained on the part of Tenant to be paid observed and performed, the covenants Landlord demises and leases to be performed by Xxxxxx, does hereby demise and lease unto the Tenant, and Tenant hereby rents and hires from Landlord, those certain premises premises, now or hereafter to be erected in the regional retail development shown on Exhibit AShopping Center (herein called the "Shopping Center") located at the intersection of Xxxxxxxx Boulevard and Mill Creek Road, subject to covenantsLower Macungie Township. Lehigh County, restrictions Commonwealth of Pennsylvania, which consists of a store and easements containing an area of record, approximately four thousand (4000) rentable square feet (herein collectively called the terms "Leased Premises").  b) The boundaries and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees location of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown Leased Premises are crosshatched on the site plan of the Shopping Center ("Site Plan"), which is set forth in marked Exhibit A and is attached hereto and hereby made a part hereof.  c) Landlord reserves the use of the roof and exterior walls of the Leased Premises, and that the term “Shopping Center” shallright, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed malltime, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair repair, place and replace pipes, utility lines, ductspipes, conduits, flueswires, refrigerant linesand satellites in, drains, sprinkler mains and valves, access panels, wires and structural elements leading through on or under the Leased Premises serving (in locations which shall not materially interfere with Tenant's use thereof) to serve other parts of or premises in the regional retail development, is hereby reserved unto Shopping Center. All such work shall be done at Landlord's expense in a manner which minimizes interference with Tenant’s business. Landlord reserves an easement inshall, at Landlord’s sole cost and expense, repair and correct any and all damage to the Leased Premises caused by such work.  d) The Leased Premises are demised and let subject to (a) the existing state of the title thereof as of the date of this Lease, (b) any state of facts which may be shown by an, updated survey or physical inspection of the Premises, (c) all zoning regulations, restrictions, rules and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roofall agreements, or to the bottom of the floor deck above licenses, easements, covenants, restrictions and other matters which affect the Leased Premises, the title thereto, or the use, enjoyment, occupancy or possession thereof but do not prohibit or materially interfere with the use or development of the Leased Premises as a bank office and (d) the Ground Lease between Landlord, as tenant, and Xxxxx Xxxxx and Xxxxxxx X. Xxxxx, as landlord, dated as of July 8, 2005. A redacted copy of the Ground Lease is attached hereto as Exhibit E.  e) Tenant's obligations under this Lease are conditioned upon the approval of this Lease and the location of the bank branch office by the Pennsylvania Department of Banking and the FDIC for general access purposes which Tenant shall diligently and in connection with good faith apply immediately following the exercise execution of Landlord’s other rights under this Lease by Landlord and Tenant. In the event such approvals are not obtained within 120 days of the date of this Lease., this Lease shall be null and void and all payments, if any, made by Tenant to Landlord shall be refunded to Tenant without offset.   INTIALS: LANDLORD RB TENANT DL  f) Notwithstanding any other provisions contained in this Lease, in the event (ca) The attached site plan Tenant or its successors or assignees shall become subject to a bankruptcy case pursuant to Title 11 of the regional retail developmentU.S. Code or similar proceeding during the term of this Lease or (b) the depository institution then operating at the Leased Premises is closed, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively is taken over by any depository institution supervisory authority (hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever "Authority") during the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. , Landlord shall also have may, in either such event, terminate this Lease only with the general right from time concurrence of any Receiver or Liquidator appointed by such Authority or pursuant to time to include within and/or to exclude appropriate order of the Court with jurisdiction over such case or proceeding, or upon the expiration of the stated term of this Lease during the term of this Lease provided that in the event this Lease is terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury, resulting from the defined Shopping Center any existing termination, rejection, or future areas, and the floor area abandonment of the Shopping Center unexpired Lease shall be accordingly adjusted.by law in no event exceed all accrued and unpaid Minimum Rent and Additional Rent to the date of termination. 

Appears in 1 contract

Samples: Lease (Embassy Bancorp, Inc.)

Leased Premises. (a) LandlordLandlxxx, in consideration xx Consideration of the rent to be paid and the covenants to be performed by XxxxxxTenant, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional entertainment and retail development center shown on Exhibit A, subject to covenants, restrictions and easements of record, any declaration or other instrument of covenants, conditions or restrictions now or hereinafter entered into by Landlord, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Major Store Site(s)Sites, and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional "entertainment and retail development” center" as used herein shall mean and refer to the Anchor Major Store Sites and the Shopping CenterDevelopment, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” "Development" shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, mall (whether or not shaded or hatched). The approximate location of the Premises premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” "leased premises" or “Premises”"premises") are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term "State" shall mean the state or commonwealth in which the Shopping Center Development is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease (Hart Industries Inc)

Leased Premises. (a) Landlord, in In consideration of the rent to be paid rents reserved and the covenants and agreements herein contained on the part of Tenant to be performed by Xxxxxxobserved and performed, does Landlord hereby demise demises, lets and lease leases unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises consisting of a space containing an area of approximately 95,600 square feet, also know as Suite 100 (hereinafter called the "Leased Premises") and constituting a part of the office/warehouse building (hereinafter called the "Building") located at 0000 Xxxxxx Xxxx, Houston, Xxxxxx County, Texas which Building is located upon the lot, tract or parcel of land more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes. If the Building is in a development containing one or more other buildings, such buildings together with all related site land, improvements, parking facilities, common areas, driveways and landscaping, together with the regional retail development Building, shall be referred to as the "Project." The purpose of the site plan attached as Exhibit "A" is to show the approximate location of the Leased Premises. Landlord reserves the right at any time to relocate, vary and adjust the size of the various buildings, covenants, automobile parking areas, and other common areas as shown on Exhibit A, subject to covenants, restrictions said site plan. The use and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into occupancy by Landlord with the owners or lessees Tenant of the Anchor Store Site(s)Leased Premises shall include the use, and the terms and provisions in common with others entitled thereto, of the underlying leasecommon service areas, if any. It is agreed that the term “regional retail development” as used herein shall mean loading facilities, pedestrian walks, automobile driveways and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereonparking areas, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that as Exhibit "A." In determining the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions number of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level square feet of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, Tenant acknowledges that the Leased Premises includes the usable area, without deduction for columns or projections, multiplied by a load factor to reflect a share of certain areas, which may include lobbies, corridors, mechanical , utility, janitorial, boiler and an easement above Tenant’s finished ceiling to the roofservice rooms and closets, or to the bottom restrooms and other public, common and service areas of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this LeaseBuilding. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement (Learningstar Corp)

Leased Premises. (a) LandlordSubject to and upon the terms, provisions, covenants and conditions hereinafter stated, and each in consideration of the rent to be paid duties, covenant, and obligations of the covenants to be performed by Xxxxxxother hereunder, LANDLORD does hereby lease, demise and lease unto Tenant, let to TENANT; and Tenant TENANT does hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” demise and let from LANDLORD those Leased Premises as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown reflected on the floor and site plan which is set forth in Exhibit A plans attached hereto as Exhibit "A" and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level . The size of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location Leased Premises and of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described Building as set forth in the Data Sheet attached hereto. As used in this Lease, Definitions are hereby stipulated and agreed to whether the term “State” shall mean the state same should be more or commonwealth in which the Shopping Center is located. (b) The exterior walls less as a result of variations resulting from actual construction and the roof completion of the Leased Premises and of the area beneath said Premises are not demised hereunderBuilding. The TENANT acknowledges that the LANDLORD has made no representations with regard to the actual square footage. Additionally, by its acceptance of possession of the Premises, and the use thereofcommencement of rent payments by TENANT, together with the right TENANT hereby confirms that it has had a full and adequate opportunity to locateinspect, both vertically examine and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through measure the Leased Premises serving other parts of and the regional retail developmentBuilding. As a result, is TENANT hereby reserved unto Landlord. Landlord reserves an easement in, over and through irrevocably stipulates to the area occupied by the storefront square footage of the Leased Premises, and an easement above Tenant’s finished ceiling Premises set forth in paragraph (a) of the Definitions herein. TENANT also stipulates to the roofsquare footage of the Building set forth in paragraph (e) of the Definitions. TENANT further stipulates that such square footage calculations shall not be subject to question, interpretation, or to modification either during or after the bottom of the floor deck above the Leased PremisesTerm hereof, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell any extensions or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes renewals of this Lease. Landlord shall also have , notwithstanding any subsequently discovered discrepancy, regardless of kind or amount, between the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, actual square footage and the floor area square footage calculations set forth in paragraphs (a) and (e) of the Shopping Center Definitions. By occupying the Premises, TENANT shall be accordingly adjustedconclusively deemed to have accepted the same as complying fully with LANDLORD'S covenants and obligations to deliver the Premises as required hereby, subject to LANDLORD punch list items which shall be completed within a reasonable period subject to availability of materials and labor.

Appears in 1 contract

Samples: Office Building Net Lease (Take to Auction Com Inc)

Leased Premises. Landlord hereby leases to Tenant 46,128 rentable square feet (aapproximately) Landlordin the Building comprised of: Condominium #2 of the 00 Xxxxxxx Xxxxxx Condominiums (also known as the “Pharmacy Unit”) as initially depicted on Exhibit A attached hereto, plus, without additional charge, the right to convenient use, in consideration common with others, of all accesses, walkways, drives and ways, and all other common areas as so designated by this Lease and as finally determined by the agreement of the rent parties as to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on final Exhibit A, subject to covenants, restrictions depicting the as constructed Building and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, associated common areas (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises) are described as set forth in the Data Sheet attached hereto). As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof net rentable area of the Leased Premises shall be confirmed by Landlord and Tenant by written agreement when the area beneath said Approved Working Drawings (as defined in the Work Letter) have been finalized but shall at all times be subject to remeasurement pursuant to the terms of the work letter attached hereto as Exhibit C (the “Work Letter”) and as otherwise contained in this Lease at Section 1.1. The Leased Premises shall also include the Tenant’s right to exclusive (with Landlord, as set out below) use of the rooftop within the perimeter of the Leased Premises as designated on the Final Core & Shell Plans at the 6th Floor Level (the “Rooftop Premises”) for uses which shall include HVAC equipment, Tenant’s communication purposes and related installations which uses are not demised hereunderhereby approved by Landlord and consistent with the permits issued by the City of Portland, and the use thereofincluding “Green Roof” limitations, together with Provided, however, that notwithstanding Tenant’s reserved rights, Landlord shall have the right to locateuse an approximately twelve feet-by-twelve feet (12’ x 12’) area on the Rooftop Premises, both vertically and horizontallyas designated on said plans, installfor Landlord’s future service equipment, maintainthe exact location of which area is depicted on the Working Drawings, usebut under no circumstances shall Landlord interfere with Tenant’s reserved use described above. Landlord shall, repair and replace pipesupon Tenant’s reasonable request, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through make additional rooftop space available for Tenant’s additional equipment at other locations within the Project site. The Leased Premises serving other parts shall also include the exclusive use of the regional retail development, is hereby reserved unto Landlordloading dock in the lower level of the Parking Facility (as defined below) (the “Loading Dock”). Landlord reserves an easement in, over The Rooftop Premises and through the Loading Dock are included at no additional cost or rent to Tenant and will not be included in the calculation of the net rentable area occupied by the storefront of the Leased Premises, The uses of the Rooftop Premises shall comply with all applicable conditions of approval by the City of Portland, applicable law and an easement above ordinances. Tenant shall have exclusive (with the owner of Condominium Unit 3, as set out below) access to the lower level of the Parking Facility. Landlord acknowledges that such exclusive access is required for Tenant’s finished ceiling security purposes and regulatory approvals related to the roof, or handling of controlled substances. The Unit 3 owner shall have access to the bottom lower level for loading and unloading purposes only, and shall not permit access by any other party or for any other purpose. Landlord shall also have access to such lower level for customary maintenance and repairs with Tenant’s consent and upon providing Tenant with reasonable notice prior to such access and, in all cases, Landlord will be accompanied by an employee or agent of Tenant, and Landlord will otherwise comply with the terms and conditions of Section 20 of this Lease. Reference is hereby made to that certain License Agreement by and between the parties, of near or even date herewith, for approximately 1,200 square feet of existing space within the Leased Premises (the “License Agreement”). Pursuant to the terms of the floor deck above License Agreement, the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan parties affirm that as of the regional retail developmentCommencement Dates (as defined below), Exhibit Athis Lease will supersede and replace the License Agreement, includes and the premises identified thereon as Anchor Store Sites, including that are the buildings located or subject of the License Agreement are included in the definition of Leased Premises herein. It is acknowledged that Tenant’s approval of the Declaration of the 00 Xxxxxxx Xxxxxx Condominium Association and all related condominium documents to be located thereon, which sites initially drafted by Landlord (all such condominium documents are collectively together hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forthDeclaration”) is required prior to any such document’s finalization, recording or presentation to any other party as final. It is agreed thatThe following are among the conditions to Tenant’s approval of the Declaration, wherever and Landlord shall in good faith cooperate with Tenant to assure that the term “Shopping Center” is used herein, it Declaration includes such items or meets such conditions: 1. The Leased Premises will be an insurable condominium unit properly created under the Maine Condominium Act. Landlord shall be deemed responsible for preparing, executing and recording the condominium documents and forming the condominium association prior to exclude the Anchor Store Sites (even if Commencement Date using approved condominium documents, all at Landlord’s sole expense. 2. The condominium and/or Declaration shall contain the following items: a. Appurtenant to the Leased Premises shall he access to sufficient, legal parking spaces for Tenant’s use as are provided for in this Lease and the associated Parking Lease, attached hereto as Exhibit D, such Sites shall spaces to be within the hatched and/or shaded area shown located as depicted on the site planFinal Core and Shell Plan or other plans approved in writing by Tenant and access to and a right to install and maintain signs in the locations provided in this Lease. b. No common elements or other portions of the condominium property that are necessary to Tenant or the Leased Premises may be changed in any material way (e.g., reduction, reconfiguration or elimination of common areas including parking, or accesses) that would materially and negatively impact the Leased Premises and their accessibility, signage visibility or usefulness without the written consent of the Tenant, which may be withheld in Tenant’s sole discretion. c. Restrictions on all units that prohibit; (i) any uses that would typically be prohibited in a first-class office building or business park similar to the Site (e.g., gambling, pool halls, arcades, “adult” business, etc.), except as otherwise specifically stated herein; and (ii) any uses which would have an inordinately negative burden on parking areas that are used by Tenant. In addition, said site plan includes any violation by any other user or occupant of any other units or areas of the condominium of Tenant’s exclusive use protections provided in this Lease’s Section 29.0 shall be either prohibited in the Declaration or such exclusive use provisions shall be made superior to the Declaration and all other interests in the condominium. d. Controls and maintenance and aesthetic obligations as to the developed and undeveloped portions of the Shopping Center which Landlord may from time Project, including compliance with requirements of permitting authorities and laws and regulations. e. Such customary and reasonable easements, covenants and restrictions for a commercial condominium. f. Condominium Unit 3 shall be restricted in its use of the lower level of the Parking Facility to time sell or lease for the sole purpose of construction and/or use loading and unloading delivery vehicles. Tenant’s rights to access this area shall otherwise be exclusive. g. The Declaration, once approved by one Tenant as set forth below, shall not be amended or more anchor stores modified in any way that would remove or limit the protections described in (as defined in Section 27.12 hereofb), which portion(s(c), (d), (f) may thereuponand (g) above or cause any changes to the common elements that would result in budgetary increases that disproportionately affect Tenant or represent excessive increases of controllable expenses without Tenant’s written consent, at Landlord’s option, it being the intent hereof that the Declaration will be referred structured in such a way that Tenant has the right to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Centerprevent any such removal or limitation on those protections notwithstanding its lack of voting control. In the event that Tenant and Landlord elects to enlarge cannot agree on the regional retail development, any additional area may be included by Landlord in the definition form of the Shopping Center for purposes Declaration by September 15, 2018 (the “Declaration Deadline”), Tenant may at its option terminate this Lease by written notice to Landlord delivered within five (5) business days following the Declaration Deadline, which termination notice shall (except as hereafter provided) be effective thirty (30) days after delivery to Landlord, unless the parties agree on the form of Declaration prior to that termination date, in which case such termination notice and right shall automatically become null and void. Upon the effective date of any such notice of termination, the parties shall have no further liabilities or obligations hereunder, except the Landlord shall repay to Tenant any payments, security deposit or any other funds previously delivered to Landlord by Tenant pursuant to this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areasOnce approved by Tenant as set forth above, and subject to the floor area consent requirements set out in subsection (g) above, the Declaration may only be amended or modified with the prior written consent of at least sixty percent (60%) of the Shopping Center shall be accordingly adjustedvoting interests of the Board of Directors and any eligible mortgagees.

Appears in 1 contract

Samples: Lease Agreement (HS Spinco, Inc.)

Leased Premises. (a) Landlord, in consideration of the rent to be paid and the covenants to be performed by XxxxxxTenant, does hereby lease and demise and lease unto to Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in Landlord for the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of recordterm herein set forth, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It Leased Premises which area is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto, in the retail development designated as Arizona Xxxxx or by such other name as Landlord may from time to time hereafter designate (hereinafter "Retail Development"). As The term "State" as used herein shall mean the State of Arizona. For all purposes in this Lease, a "Major Tenant" is any occupant of more than twenty thousand (20,000) square feet of floor area in the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forthRetail Development. It is agreed that, wherever the term "Shopping Center" is used herein, it shall be deemed to exclude mean the Anchor Store Sites (even if such Sites shall be within Retail Development excluding the hatched and/or shaded area shown on the site plan)areas occupied by Major Tenants, except as otherwise specifically stated herein. In additionExhibit "A", said site plan includes other portions page 1, sets forth the general layout of the Shopping Center which Retail Development. Landlord may does not warrant or represent that the Retail Development or the Leased Premises will be constructed exactly as shown thereon or that it will be completed by a specific date. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time sell time, without notice to or lease for the purpose consent of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor storeTenant, and whichwithout in any manner diminishing Tenant's obligations under this Lease, at Landlord’s optionto make alterations or additions to, may be excluded from and build additional stories on the Shopping Centerbuilding in which the Leased Premises are located and to build adjoining the same, to construct other buildings and improvements of any type in the Retail Development or the common areas, or any part thereof, including the right to locate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the Retail Development, and to make alterations therein or additions thereto, to build adjoining thereto, to construct decks or elevated parking facilities and free standing buildings within the parking lot areas of the Retail Development, and to change the size, location, elevation and nature of any of the stores in the Retail Development or the common areas, or any part thereof. In the event Landlord elects to enlarge the regional retail developmentRetail Development, or any part thereof, any additional area may be included by Landlord in the definition of the Shopping Center Retail Development for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, areas and the floor area of the Shopping Center shall be accordingly adjusted. The premises leased to Tenant are herein referred to as the "Leased Premises". The approximate location of the Leased Premises is cross-hatched on the lease plan of the Retail Development attachment hereto and made a part hereof as Exhibit "A", page 2. This Lease of the Leased Premises is subject to all applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and agreements affecting the Retail Development and the terms and provisions of certain master declarations, reciprocal easement and operating agreements now or hereafter entered into by Landlord. Subject to the provisions of Section 5.1, Tenant shall enjoy a non-exclusive easement, right and privilege for Tenant and its customers, employees and invitees and the customers, employees and invitees of any assignee, sublessee, concessionaire or licensee of Tenant, to use the common areas of the Shopping Center, with Landlord and the other tenants and occupants of floor area with the Shopping Center and their respective customers, employees and invitees. Furthermore, Landlord agrees that any additions, alterations or modifications to the Shopping Center by Landlord shall not adversely affect access to,or visibility of the Leased Premises and, except as otherwise provided for herein, Tenant shall retain substantially the same relative position with respect to Major Tenants of the Shopping Center as of the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Play Co Toys & Entertainment Corp)

Leased Premises. (a) Landlord, in consideration of the rent Landlord leases to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, Tenant and Tenant hereby rents and hires leases from Landlord, those certain premises in Landlord the regional retail development Premises shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that (the term Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatchedPremises”). The approximate location Premises are located in the Xxxx Building and the Xxxxx Building identified in Item 2 of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises Basic Lease Provisions (herein sometimes hereinafter collectively referred to as the “Leased Premises” or “PremisesBuilding) are described as set forth in the Data Sheet attached hereto. As used in this Lease), the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereofwhich, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores Common Areas (as defined in Section 27.12 hereof6.2 below) adjacent to the Xxxx Building and the Xxxxx Building comprise the project described in Item 2 (the “Project”). The “Floor Area” of the Premises shall be calculated after the substantial completion of the Buildings in accordance with the “Floor Area Measurement of Single-Tenant Office Buildings” ANSI/BOMA z65.1 2009 and its accompanying guidelines (“BOMA”), which portion(sprovided that the aggregate rentable square footage of the Premises shall not include any balconies or structured parking. Within thirty (30) may thereupondays after the “Delivery Date” (as defined below), at Landlord’s optionspace planner/architect shall measure the rentable square feet of each of the Xxxx Building and the Xxxxx Building in accordance with BOMA and the results thereof shall be presented to Tenant in writing. Tenant’s space planner/architect may review Landlord’s space planner/architect’s determination of the number of rentable square feet of such Building and Tenant may, within fifteen (15) business days after Tenant’s receipt of Landlord’s space planner/architect’s written determination, object to such determination by written notice to Landlord. Tenant’s failure to deliver written notice of such objection within said fifteen (15) business day period shall be referred deemed to constitute Tenant’s acceptance of Landlord’s space planner/architect’s determination. If Tenant objects to such determination, Landlord’s space planner/architect and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” Tenant’s space planner/architect shall promptly meet and attempt to agree upon occupancy thereof by the rentable square footage of such Building. If Landlord’s space planner/architect and Tenant’s space planner/architect cannot agree on the rentable square footage of such Building within thirty (30) days after Tenant’s objection thereto, Landlord and Tenant shall mutually select an anchor storeindependent third party space measurement professional to field measure such Building under BOMA and to select either the measurement of the Landlord’s space planner/architect or the Tenant’s space planner/architect that is closer to its determination of the measurement of such Building. Such third party independent measurement professional’s determination shall be conclusive and binding on Landlord and Tenant. Landlord and Tenant shall each pay one-half (½) of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior to such final determination, Landlord’s determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and which, at Landlord’s option, may be excluded from the Shopping CenterLandlord shall make appropriate payment (if applicable) to Tenant. In the event Landlord elects that pursuant to enlarge the regional retail developmentprocedure described in this Section 2.1 above, any additional area may it is determined that the square footage amounts shall be included different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the Basic Rent and the amount of the Tenant Improvement Allowance) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant. Once determined, in no event shall the rentable square feet of the Premises be subject to remeasurement or change, except in connection with the change in the definition physical dimensions of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjustedPremises.

Appears in 1 contract

Samples: Lease (Proofpoint Inc)

Leased Premises. On the Commencement Date, or such earlier date as LESSEE shall take occupancy thereof, the "Leased Premises" shall consist of that portion of the ground floor in Building No. 200 (the "Building") located at One Kendxxx Xxxare, Cambridge, Massachusetts, located in the mixed use retail and office complex known as "One Kendxxx Xxxare" (the "Complex") which ground floor space contains seventeen thousand five hundred and thirty-two (17,532) square feet of space, more or less, and outlined on the sketch contained in Exhibit A1 (herein called the "Leased Premises"). The Leased Premises shall have as appurtenant thereto: (a) Landlordthe right to use in common with others entitled thereto, in consideration of the rent to be paid entrances, lobbies, hallways, stairways, walkways, sidewalks, driveways, loading docks, elevators and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises other common facilities in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof Building containing any portion of the Leased Premises and on the area beneath said Premises are not demised hereunderland constituting the Lot more particularly described in Exhibit B hereto (herein called the "Lot") necessary for access to and enjoyment of the Leased Premises, or portion, and (b) the use pipes, conduits, wires, and appurtenant equipment serving the Leased Premises, or portion thereof, together in common with other portions of the right Building containing any part of the Leased Premises, subject, however, to locatethe following rights which are expressly excepted and reserved by LESSOR: (i) the right, both vertically and horizontallyfrom time to time, to install, maintain, use, repair repair, relocate, place and replace pipes, utility lines, pipes, ducts, conduits, flueswires, refrigerant linesgas, drainselectric, sprinkler mains or any other meters and valves, access panels, wires and structural elements leading fixtures located on or passing through any portion of the Leased Premises serving to serve other parts portions of the regional retail developmentLESSOR's property of which the Leased Premises, is hereby or a portion thereof, are a part; (ii) the right to enter into, upon and across any portion of the Leased Premises to exercise any reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront right of LESSOR hereunder or to complete LESSOR's construction of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor storepart thereof, and which, at Landlord’s option, may be excluded from the Shopping Center. In Building; and (iii) the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or make alterations or additions to exclude from the defined Shopping Center any existing Building and to construct other buildings or future areasimprovements on the Lot and to make additions to such buildings or improvements, and to permit others to do so from time to time all as LESSOR may determine in its sole discretion, and without LESSEE's consent in any instance; the floor area exercise of any of such foregoing rights being performed to the greatest possible extent in a manner so as not unreasonably to interfere with the LESSEE's use and occupancy of the Shopping Center Leased Premises and, in any event, so as not to materially interfere with the LESSEE's use and occupancy. There shall be accordingly adjustedappurtenant to the Leased Premises the right but not the obligation to park twenty five (25) passenger motor vehicles in the parking garage appurtenant to the Lot, commonly referred to as the OKS Garage. LESSOR reserves the right to designate the locations of the spaces to be utilized for such parking rights by written notice to LESSEE, and to change the location of any or all of such spaces by notice to LESSEE at any time and from time to time as LESSOR shall solely determine. LESSEE shall notify LESSOR prior to the start of the month of any increase or decrease in the number of spaces to be used. The parking spaces provided hereunder need not be contiguous.

Appears in 1 contract

Samples: Lease (Millennium Pharmaceuticals Inc)

Leased Premises. (a) Landlord, The land described in consideration of the rent to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, including all easements, rights, privileges and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if anyappurtenances thereunto belonging or pertaining, and which may vary at each level all of the regional retail developmentright, title and interest of LANDLORD therein, and in the streets and ways adjacent thereto, together with the enclosed mallbuildings and other structures and other improvements now or hereafter to be erected upon the land, if anyincluding, without limitation, the building to be erected in accordance with the Building Plans attached hereto as Exhibit B and made a part hereof (whether the "Building"), all machinery, fixtures and equipment forming or not shaded becoming attached to said buildings or hatched)other structures, including, but without limitation, sectional buildings, electric equipment, gas equipment, plumbing equipment, heating, air conditioning and ventilating equipment, elevators and escalators, awnings, screens, blinds, shades, cabinets, stoves, disposals, refrigerators, floor coverings, lifts, sprinkler equipment, incinerating equipment, fire alarm systems, trees, hardy shrubs and perennial flowers, and also including all materials stored on the land for incorporation into the improvements. The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as As set forth in the Data Sheet attached hereto. As used description of the land contained in this LeaseExhibit A, the term “State” shall mean right to possession and quiet enjoyment by the state or commonwealth in TENANT of the land which the Shopping Center is located. (b) The exterior walls and the roof part of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with is subject to the right of the LANDLORD and/or a representative of Allied- Signal Inc. to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through enter upon the land which is part of the Leased Premises serving other parts during TENANT's daytime business hours and upon reasonable notice for the purposes of inspecting, examining, testing and performing any maintenance to the regional retail development, monitoring well situate on the land which is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront part of the Leased Premises, the presence and an easement above Tenant’s finished ceiling to the roof, or to the bottom location of the floor deck above the Leased Premises, for general access purposes and which is set forth in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.A.

Appears in 1 contract

Samples: Lease Agreement (Cabletron Systems Inc)

Leased Premises. (a) Landlord, in consideration of the rent Landlord hereby leases to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, Tenant and Tenant hereby rents and hires leases from Landlord, those certain premises in the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees that portion of the Anchor Store Site(s), and building (the terms and provisions “Building”) which is crosshatched and/or outlined in red on the floor plan of the underlying lease, if any. It is agreed that the term “regional retail development” Building attached hereto as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail developmentincorporated herein by this reference, together with the enclosed mallexclusive use of the parking areas identified as “EnerDel Parking” and the loading areas identified as “EnerDel Loading” thereon (collectively, if anythe “Leased Premises”), which Building has been constructed by Landlord on the parcel of real estate located in Xxxxxxx County, Indiana, that is described on Exhibit B attached hereto and incorporated herein by this reference (whether or not shaded or hatchedthe “Real Estate”). The approximate location Building consists of approximately four hundred twenty-three thousand (423,000) gross square feet. The Leased Premises will consist of approximately two hundred eleven thousand five hundred (211,500) gross square feet in the western portion of the Premises leased Building. The Building, Real Estate and related improvements constructed or to Tenant hereunder is shown be constructed on the Real Estate and used in Exhibit A. The leased premises connection with the Building (herein the “Improvements”) are collectively referred to as the “Development.” The Development is a part of the land, buildings, common areas, improvements and facilities commonly known as Axcess70 (the “Project”). Landlord shall be entitled to make additions, modifications, alterations and repairs to, and otherwise modify, the Development and the Project provided that: (a) such changes are not in violation of Landlord’s other obligations under this Lease, (b) such changes do not materially interfere with the parking or loading for the Leased Premises, (c) such changes do not materially interfere with the Tenant’s access to the Leased Premises or the Building, or (d) such changes do not materially increase Tenant’s costs. Landlord hereby grants to Tenant, its officers, employees, invitees and customers, subject to the terms and conditions of the recorded declaration of covenants, conditions and restrictions applicable to the Project (the PremisesDeclaration”) are described as set forth in and the Data Sheet attached heretorights granted from time to time by Landlord to other tenants and occupants of the Project, the non-exclusive right to use the Common Areas for parking, ingress to and egress from the Leased Premises. As used in For purposes of this Lease, the term “StateCommon Areas” shall mean all paved, landscaped and grassy areas located on the state or commonwealth in Real Estate and within the Development. The Common Areas shall include all driveways, parking areas and sidewalks, but shall exclude that portion of Real Estate upon which the Shopping Center Building is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease (Ener1 Inc)

Leased Premises. (a) Landlord, in consideration of the rent Landlord hereby leases to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, Tenant and Tenant hereby rents and hires leases from LandlordLandlord that certain parcel of real estate containing approximately 8.66 acres located on Xxxx X0, those certain premises X0, X0 & X0 xx Xxxxx Xxxxxx Xxxxxxxx Center in the regional retail development shown on Exhibit AVanderburgh County, subject to covenantsIndiana, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth described in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail developmentincorporated herein by this reference, together with all rights, interest and privileges therein or appurtenant thereto, including any existing or necessary easements of access to the enclosed mallReal Estate and/or on, if anyover and across any adjacent or abutting parcels, whether owned by Landlord or otherwise, and all permits and approvals therefor (whether or the “Real Estate”), the building (the “Building”) to be constructed by Landlord thereon, shown and described on Exhibit A-1 (“Site Plan”) attached hereto and incorporated herein by this reference, which such Building will consist of approximately sixty thousand (60,000) square feet (measured from the exterior face of all exterior walls) of office space, and related improvements to be constructed on the Real Estate by Landlord and used in connection with the Building and Tenant’s operations therefrom, including but not shaded or hatchedlimited to curb cuts, access drives, roadways, parking areas (the “Improvements”). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein Real Estate, Building and Improvements are collectively referred to as the “Leased Premises” or “Premises) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof boundary description of the Leased Premises and is outlined on the area beneath said Premises are not demised hereunderSite Plan attached hereto. Notwithstanding the foregoing or anything in this Lease to the contrary, within ten (10) days after execution of this Lease, Landlord shall deliver to Tenant the following: (a) current owner’s title insurance policy, including copies of any exceptions thereto; (b) current survey of the Real Estate, including the location of all easements, rights of way, above and/or below ground utilities, and metes and bounds description of the use thereof, together boundary lines of the Real Estate; (c) platted subdivision or proposed plat of subdivision (if applicable) with respect to the right balance of any property owned by Landlord and adjacent to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through or abutting the Leased Premises serving other parts but not otherwise herein Leased to Tenant; (d) existing environmental assessments of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over Real Estate and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, any correspondence or to the bottom of the floor deck above the Leased Premises, for general access purposes and orders from any jurisdictional authorities in connection with the exercise presence or alleged presence of hazardous materials on or adjacent to the Real Estate; and (e) evidence of Landlord’s other rights under this Lease. proper and lawful formation, good standing and authority to enter into the Lease with Tenant (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(sDue Diligence Documents”)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Tenant objects to any matters of title or survey or there shall be any environmental condition or presence or alleged presence of hazardous materials on or about the Real Estate, Tenant shall provide Landlord elects with written notice thereof and Landlord shall be obligated to enlarge cure any and all such objections prior to the regional retail developmentCommencement Date. Notwithstanding the foregoing, any additional area may be included by Landlord in the definition event the said objections are of a type that may not reasonably be cured within such time period, or are otherwise not susceptible to cure, Tenant shall have the Shopping Center for purposes of right to terminate this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease (Shoe Carnival Inc)

Leased Premises. (a) Landlord, in consideration of the rent to be paid and the covenants to be performed by XxxxxxTenant, does hereby demise and lease unto to Tenant, and Tenant hereby rents and hires leases from Landlord, those certain premises for the Term, the Leased Premises (the "Leased Premises") which are described in the regional retail development shown on Exhibit A, subject to covenants, restrictions Data Summary and easements of record, approximately located in the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth cross-hatched area in Exhibit A attached hereto and made a part hereofhereto, and that in the term “Shopping Center” shall, except retail development designated in the Data Summary or known by such other name as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions Landlord may from time to time open directly on hereafter designate (the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched"Retail Development"). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Leaseherein, the term "State" shall mean the state or commonwealth in which the Shopping Center Retail Development is located. , the term "Major Tenant" shall mean any tenant occupying more than ten thousand (b10,000) The exterior walls square feet of floor area in the Retail Development, the term "Shopping Center" shall mean the Retail Development excluding the areas occupied by Major Tenants and the roof of term "Building" shall mean the building in which the Leased Premises are located. The site plan attached as Exhibit "A" hereto sets forth the general layout of the Retail Development. Notwithstanding anything in this Lease to the contrary, Landlord shall have the right, at any time and from time to time, without notice to or consent of Tenant and without in any manner diminishing Tenant's obligations under this Lease, to change the size, location, elevation or layout of, and/or nature of any of the stores in, the Retail Development including the right to locate and/or erect thereon permanent or temporary kiosks, structures and other buildings and improvements of any type. The roof, the exterior of the walls, floor and ceiling and the area above and beneath said the Leased Premises are not demised leased hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair repair, and replace pipes, utility lines, ducts, conduits, flueswires, refrigerant linestunnels, drains, sprinkler mains and valves, access panels, wires sewers and structural elements leading through the Leased Premises in locations which will not materially interfere with Tenant's use thereof and serving other parts of the regional retail development, is Retail Development are hereby reserved unto to Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for For all purposes of this Lease, the leasable area of the Leased Premises is conclusively deemed to be the square footage set forth in the Data Summary unless Tenant notifies Landlord in writing within thirty (30) days after the delivery of possession of the Leased Premises that the actual square footage is more than five percent (5%) greater or less than that set forth in the Data Summary. If Landlord and Tenant cannot agree as to the exact square footage, the leasable area shall also have be determined and certified by an independent architect appointed by Landlord and approved by Tenant. Leasable area shall include all the general right area within the mid-line of interior walls that separate the Leased Premises from time to time to include within and/or to exclude from other leasable areas and the defined Shopping Center any existing or future areasexterior face of other walls, and the floor area square footage of any mezzanines within the Shopping Center Leased Premises. The certificate of such architect as to square footage shall be accordingly binding upon both parties hereto. If such architect shall determine, or if the parties agree, that the actual square footage is more than five percent (5%) greater or less than that set forth in the Data Summary, then such square footage shall be used in all calculations based on square footage throughout this Lease, and the Minimum Rent and Sales Break Point set forth in the Data Summary shall be adjusted by multiplying such numbers by a fraction, the numerator of which is the leasable area so determined or agreed upon and the denominator of which is the leasable area set forth in the Data Summary, and Tenant shall be obligated to pay from the Commencement Date Minimum Rent, as so adjusted, and Percentage Rent based on the Sales Break Point, as so adjusted. If such adjustments are to be made pursuant to the immediately preceding sentence, Landlord shall be responsible for the fees of such independent architect; otherwise, Tenant shall be responsible therefor. Until an ultimate determination of leasable area is made to the contrary pursuant to this Section 1.01, Tenant shall pay all rent based on the leasable area set forth in the Data Summary, subject to retroactive adjustment as set forth above.

Appears in 1 contract

Samples: Lease (Ashworth Inc)

Leased Premises. (a) Landlord, in consideration of the rent Rent (as defined in Section 2.3) to be paid and the covenants to be performed by XxxxxxTenant, does hereby lease and demise and lease unto to Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in Landlord for the regional retail development shown on Exhibit A, subject to covenants, restrictions and easements of recordTerm herein set forth, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s), and the terms and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan Leased Premises which is set forth in Exhibit A attached hereto and made a part hereof, and that the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto, in the retail development designated as Concord Mills or by such other name as Landxxxx may from time to time hereafter designate (hereinafter "Retail Development"). As The term "State" as used herein shall mean the State or Commonwealth of North Carolina. For all purposes in this Lease, a "Major Tenant" is any occupant of 20,000 square feet or more of floor area in the term “State” shall mean Retail Development and a AMajor Tenant Space@ is any space in the state Retail Development containing 20,000 square feet or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forthmore. It is agreed that, wherever the term "Shopping Center" is used herein, it shall be deemed to exclude mean the Anchor Store Sites (even if such Sites shall be within Retail Development excluding the hatched and/or shaded area shown on the site plan)Major Tenant Spaces, except as otherwise specifically stated herein. In addition, said site plan includes other portions Exhibit A sets forth the general layout of the Shopping Center which Retail Development. Landlord may does not warrant or represent that the Retail Development or the Leased Premises will be constructed exactly as shown thereon or that it will be completed by a specific date. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time sell time, without notice to or lease for the purpose consent of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor storeTenant, and whichwithout in any manner diminishing Tenant's obligations under this Lease, at Landlord’s optionto make alterations or additions to, may be excluded from and build additional stories on the Shopping Centerbuilding in which the Leased Premises are located and to build adjoining the same, to construct other buildings and improvements of any type in the Retail Development or the common areas, or any part thereof, including the right to locate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the Retail Development, and to make alterations therein or additions thereto, to build additional stories on any building or buildings within the Retail Development, and to build adjoining thereto, to construct decks or elevated parking facilities and free standing buildings within the parking lot areas of the Retail Development, and to change the size, location, elevation and nature of any of the stores in the Retail Development or the common areas, or any part thereof. In the event Landlord elects to enlarge the regional retail developmentRetail Development, or any part thereof, any additional area may be included by Landlord in the definition of the Shopping Center Retail Development for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, areas and the floor area of the Shopping Center shall be accordingly adjusted. The premises leased to Tenant are herein referred to as the "Leased Premises". The approximate location of the Leased Premises is cross-hatched on the lease plan of the Retail Development attached hereto and made a part hereof as Exhibit A. This Lease of the Leased Premises is subject to all applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and agreements affecting the Retail Development and the terms and provisions of certain master declaration, reciprocal easement and operating agreements now or hereafter entered into by Landlord. Subject to the provisions of Section 5.1, Tenant shall enjoy a non-exclusive easement, right and privilege for Tenant and its customers, employees and invitees and the customers, employees and invitees of any assignee, sublessee, concessionaire or licensee of Tenant, to use the common areas of the Shopping Center, with Landlord and the other tenants and occupants of floor area within the Shopping Center and their respective customers, employees and invitees. Furthermore, Landlord agrees that any additions, alterations or modifications to the Shopping Center by Landlord shall not adversely affect access to, or visibility of the Leased Premises and, except as otherwise provided for herein, Tenant shall retain substantially the same relative position with respect to Major Tenants of the Shopping Center as of the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Play Co Toys & Entertainment Corp)

Leased Premises. (a) Landlord, in In consideration of the rent to be paid rents reserved and the covenants and agreements herein contained on the part of Tenant to be performed by Xxxxxxobserved and performed, does Landlord hereby demise demises, lets and lease leases unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises consisting of a space containing an area of approximately 15,544 square feet (hereinafter called the "Leased Premises") and constituting a part of the office/warehouse building (hereinafter called the "Building") located at 0000 Xxx Xxxxxxx Parkway #103, Houston, Texas 77099, Houston, Xxxxxx County, Texas which Building is located upon the lot, tract or parcel of land more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes. If the Building is in a development containing one or more other buildings, such buildings together with all related site land, improvements, parking facilities, common areas, driveways and landscaping, together with the regional retail development Building, shall be referred to as the "Project". The purpose of the site plan attached as Exhibit "B" is to show the approximate location of the Leased Premises. Landlord reserves the right at any time to relocate, vary and adjust the size of the various buildings, covenants, automobile parking areas, and other common areas as shown on Exhibit A, subject said site plan so long as not to covenants, restrictions materially affect Tenant. The use and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into occupancy by Landlord with the owners or lessees Tenant of the Anchor Store Site(s)Leased Premises shall include the use, and the terms and provisions in common with others entitled thereto, of the underlying leasecommon service areas, if any. It is agreed that loading facilities, pedestrian walks, automobile driveways and reasonable pro-rata use of the term “regional retail development” as used herein shall mean and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereonparking areas, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that as Exhibit "B". In determining the term “Shopping Center” shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions number of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level square feet of the regional retail development, together with the enclosed mall, if any, (whether or not shaded or hatched). The approximate location of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to as the “Leased Premises” or “Premises”) are described as set forth in the Data Sheet attached hereto. As used in this Lease, the term “State” shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts of the regional retail development, is hereby reserved unto Landlord. Landlord reserves an easement in, over and through the area occupied by the storefront of the Leased Premises, Tenant acknowledges that the Leased Premises includes the usable area, without deduction for columns or projections, multiplied by a load factor to reflect a share of certain areas, which may include lobbies, corridors, mechanical, utility, janitorial, boiler and an easement above Tenant’s finished ceiling to the roofservice rooms and closets, or to the bottom restrooms and other public, common and service areas of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this LeaseBuilding. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease for the purpose of construction and/or use by one or more anchor stores (as defined in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjusted.

Appears in 1 contract

Samples: Lease Agreement (Genaissance Pharmaceuticals Inc)

Leased Premises. The Leased Premises is located at 0000 Xxxxx 0xx Xxxxxx, Xxxxxx, Xxxxxxxxxx, xx the Property legally described on Exhibit A attached hereto. The Lease is subject to all easements, restrictions, agreements of record, mortgages and deeds of trust, and zoning and building laws; provided, notwithstanding anything to the contrary in this Lease, Landlord represents that (i) the Leased Premises may be used by Tenant for the purposes authorized in this Lease; (ii) Landlord will deliver the Leased Premises in a broom clean condition, with all of Landlord’s personal property being stored in the Building and all debris removed, and the Leased Premises and Building otherwise ready for Tenant’s improvement work; (iii) the Building structure, foundation and roof and all Building systems are and shall be throughout the Initial Term and any extensions thereof in good working condition; and (iv) Landlord shall be responsible for all capital replacements and repairs to the structure, foundation and roof, as set forth in paragraph 6 below. The Leased Premises shall consist of (a) Landlord, in consideration approximately 2.56 acres of the rent to be paid and the covenants to be performed by Xxxxxx, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises in the regional retail development shown Real Property described on Exhibit A, subject to covenants, restrictions together with all rights and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Anchor Store Site(s)appurtenances thereto, and (b) an office/warehouse building (“the terms Building”) containing an agreed upon thirty-six thousand one hundred thirty-four (36,134) square feet of rentable area, and provisions of the underlying lease, if any. It is agreed that the term “regional retail development” as used herein shall mean (c) related primary and refer to the Anchor Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as supplemental parking facilities shown on the site plan which is set forth in Site Plan attached as Exhibit A attached hereto and made a part hereofB, and that the term “Shopping Center” shall, except rights attendant thereto as otherwise specifically provided herein, mean further defined and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed mall, if any, and which may vary at each level outlined in this Lease. A portion of the regional retail developmentBuilding comprising approximately twelve thousand nine hundred eight-one (12,981) square feet, is designated on Exhibit B and shall be referred to herein as the “Reserved Area.” Tenant shall be entitled to use the Reserved Area for any and all Permitted Uses and to stage and install in the Reserved Area Tenant Improvements, together with the enclosed mallTenant’s furniture, fixtures and equipment; provided, however, if any, (whether or not shaded or hatched). The approximate location prior to the first anniversary of the Premises leased to Tenant hereunder is shown in Exhibit A. The leased premises Commencement Date (herein referred to as the “Leased Premises” or “PremisesFirst Anniversary”) are described as set forth in any of Tenant’s employees actually use any portion of the Data Sheet attached hereto. As used in this LeaseReserved Area to conduct business operations thereon then, until the First Anniversary, the term “State” monthly Base Rent shall mean the state or commonwealth in which the Shopping Center is located. (b) The exterior walls and the roof be increased by $0.38 per month for each rentable square foot of the Leased Premises and the area beneath said Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, Reserved Area so used by Tenant during such use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Leased Premises serving other parts . Use of the regional retail development, is hereby reserved unto LandlordReserved Area for storage shall not be considered a business activity triggering a Base Rent obligation. Landlord reserves an easement in, over and through After the area occupied by the storefront first anniversary of the Leased PremisesCommencement Date, and an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Leased Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) The attached site plan of the regional retail development, Exhibit A, includes premises identified thereon as Anchor Store Sites, including the buildings located or to be located thereon, which sites are collectively hereinafter referred to as the “Anchor Store Site(s)” and/or “Anchor Store(s),” unless otherwise specifically set forth. It is agreed that, wherever the term “Shopping Center” is used herein, it Tenant shall be deemed entitled to exclude use the Anchor Store Sites (even if such Sites shall be within the hatched and/or shaded area shown on the site plan), except as otherwise specifically stated herein. In addition, said site plan includes other portions of the Shopping Center which Landlord may from time to time sell or lease Reserved Area for the purpose of construction and/or use any Permitted Use by one or more anchor stores (as defined paying Base Rent in Section 27.12 hereof), which portion(s) may thereupon, at Landlord’s option, be referred to and treated as “Anchor Store Site(s)” and/or “Anchor Store(s)” upon occupancy thereof by an anchor store, and which, at Landlord’s option, may be excluded from the Shopping Center. In the event Landlord elects to enlarge the regional retail development, any additional area may be included by Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be accordingly adjustedaccordance with paragraph 2.1 below.

Appears in 1 contract

Samples: Commercial Lease (HouseValues, Inc.)

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