Common use of Leased Premises Clause in Contracts

Leased Premises. Landlord, in consideration of the rents to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have the right to the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routes.

Appears in 3 contracts

Samples: Assignment and Assumption of Lease, Assignment and Assumption of Lease (Veri-Tek International, Corp.), Assignment and Assumption of Lease (Veri-Tek International, Corp.)

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Leased Premises. Landlord, in In consideration of for the rents rent to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does Landlord hereby agree leases to lease Tenant, and Tenant leases from Landlord for the Rental Term and upon the terms and conditions herein set forth, the Leased Premises described in Section 1.01 (I), located in the office building referred to Tenant that in Section 1.01(H) (“Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In addition, the percentage set forth in Section 1.01(I) is the portion of the real property and improvements located gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the City Building. The exterior walls and roof of Wixomthe Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof together with the right to install, County maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which shall not materially interfere with Tenant’s use thereof and serving other parts of Oakland, State the Building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of Michigan, commonly known the Building and reserved areas and elements as 50120 Pontiac Trail (“Real Property”), as specifically set forth above; and (b) the right to install or maintain meters on the Floor Plan dated August 30Leased Premises to monitor use of utilities. In exercising such rights, 2002 attached hereto Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and incorporated herein as Exhibit Afar as practicable to minimize annoyance, consisting interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of approximately 27,072 square feet Article VIII, Tenant and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use of all common areas on within the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas Building and the balance of the Landlord’s Real Property by any other tenant Project, except that with respect to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwisenon-exclusive areas, Tenant shall use the cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking spaces so designatedin “visitor” or other restricted parking areas. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right option to use any utilize the adjacent parking spaces not designated as reserved for any other Tenant up to structure in accordance with the number provisions of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesSection 1.01(S).

Appears in 3 contracts

Samples: Lease (TGPX Holdings I LLC), Lease (TGPX Holdings I LLC), Lease (Traeger, Inc.)

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in consideration of Exhibit A hereto and in the rents Lease Supplements. Tenant shall be entitled to be paid 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 to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and the covenants (ii) on a non-exclusive basis (in common with Landlord and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion other tenants or occupants of the real property Property, and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”their respective employees and invitees), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have the right to the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) 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 other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited non-exclusive easements and/or licenses in, about or appurtenant to the number specifically allotted to Property, including the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the non-exclusive right to use any parking spaces not designated as reserved for any other Tenant up walkways, tunnels, and skywalks connected to the number of parking spaces herein allotted Property; and (c) all other rights and benefits provided to Tenant with respect to the Tenant. Property pursuant to this Lease (including the rights granted to Tenant shall not to use parking spaces in excess the roof of those specifically allotted the Building, and other portions of the Property located outside of the Leased Premises, pursuant to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesSection 3.5 hereof).

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. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in consideration of Exhibit A hereto and in the rents Lease Supplements. Tenant shall be entitled to be paid 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 to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and the covenants (ii) on a non-exclusive basis (in common with Landlord and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion other tenants or occupants of the real property Property, and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”their respective employees and invitees), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have the right to the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) 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 other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited non-exclusive easements and/or licenses in, about or appurtenant to the number specifically allotted to Project, including the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the non-exclusive right to use any parking spaces not designated as reserved for any other Tenant up walkways, tunnels, and skywalks connected to the number of parking spaces herein allotted Project; and (c) all other rights and benefits provided to Tenant with respect to the Tenant. Project pursuant to this Lease (including the rights granted to Tenant shall not to use parking spaces in excess the roof of those specifically allotted the Building, and other portions of the Project located outside of the Leased Premises, pursuant to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesSection 3.5 hereof).

Appears in 3 contracts

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

Leased Premises. Landlord, in consideration of The Landlord hereby leases to the rents to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, all those premises consisting of approximately 27,072 25,913 rentable square feet of space on part of the first floor and all other items part of real or personal property located within the said area second floor (all such property hereinafter referred to as herein called the “Leased Premises”) of the building known municipally as 000 Xxxxx Xxx Drive (herein called the “Building”) in the City of Ottawa (formerly Kanata) which said building is erected on the lands (herein called the “Lands”) described in Schedule “A” annexed hereto. The rentable area of the Leased Premises shall be increased by the amount of rentable area used by the Tenant in the Building other than in the Leased Premises for any special HVAC, ducting, exhaust equipment or other thing serving the Leased Premises (the “Additional Rentable Area”). Tenant shall also have the right to the use of all common areas The Leased Premises are more particularly outlined on the Real Property consistent with floor plan annexed hereto and marked Schedule “B”. The parties acknowledge that the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment foregoing calculation of the use area of said common areas the Leased Premises and Building has been estimated only and that the balance actual area of the Leased Premises and Building shall be subject to certification by the Landlord’s Real Property by any other tenant to whom architect. On or before the date so stipulated for possession of the Leased Premises, or within a reasonable time thereafter, the Landlord has leased shall provide a portion letter or certificate of said Real Propertymeasurement from the Landlord’s architect verifying the square footage of the Leased Premises, the Additional Rentable Area and Building in accordance with ANSI BOMA Z65.1-1996. Tenant’s use of parking spaces The areas established in the certificate shall be limited final and binding upon the parties. As represented by Landlord, the Building has an approximate rentable area of Sixty-Seven Thousand Four Hundred Twenty-Eight (67,428) square feet, which may change from time to time as a result of alterations, modifications, deletions or additions made by the number specifically allotted Landlord from time to the Tenant time at which time a new certificate will be issued by the Landlord’s architect and it will be binding on the parties. The Landlord hereby allots Leased Premises shall be delivered to Tenant on an “as is and seen” basis observed on the 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 items of furniture, chattels and other personal property of the previous tenant and shall be in a broom-clean condition. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Tenant 60 parking spaces on Company’s application requesting confidential treatment under Rule 406 of the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesSecurities Act.

Appears in 2 contracts

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

Leased Premises. Landlord, in consideration of the rents to be paid by City hereby provides Tenant with concession space and the covenants concession related operating and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property storage space located within the said area Golf Course (all such property hereinafter referred to as the “Leased Premises”). The Leased Premises are described in detail in the RFP which is attached hereto and incorporated herein. Improvements to the Leased Premises are as set forth in Exhibit A, Owner and Tenant Improvements. The Leased Premises will be provided to Tenant “as is” including small wares, kitchen equipment, food and liquor inventories, computers, banquet equipment, table, chairs, TVs, etc. A full inventory will be taken on or before the Effective Date. All Tenant Improvements are at the sole cost of Tenant and must be pre-approved in writing by City. During the term of this Agreement, Tenant shall be responsible for maintenance of all furniture, fixtures and equipment on the Leased Premises Tenant acknowledges that from time to time, special events, group outings and City golf programs take place at the Golf Course. Tenant shall cooperate with City to accommodate these occasions and provide adequate seating space as needed. During the term of this Agreement, Tenant shall be responsible for maintenance of all furniture, fixtures and equipment on the Leased Premises In addition, and with the written approval of City, kiosks, patio-type tables and similar facilities may be located in other areas of the Golf Course if doing so is warranted for enhanced customer service, and does not interfere with other Golf Course activities. In addition, City will provide Tenant with access to reasonable storage facilities which may be located in other areas of the Golf Course. Tenant may put signage on the building that houses the Leased Premises. All signage shall be in accordance with the legal requirements. In addition to the exclusive use of the Leased Premises described herein, Tenant shall possess a non-exclusive right of ingress and egress to and from the Leased Premises as may be necessary on through areas designated by the City, subject to Golf Course rules and regulations, including security regulations, as may be amended from time to time, provided that Tenant’s exercise of such right shall not impede or interfere unduly with the operation of the Golf Course by City, its patrons and other authorized occupants. Tenant shall also have the right to the use of all reasonably adequate parking facilities for its employees employed at the Golf Course in common areas on the Real Property consistent with the purpose for such common areasother employees, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces which facilities shall be limited to the number specifically allotted to the Tenant located in an area designated by the LandlordCity for employee parking. The Landlord hereby allots Only Tenant employees assigned to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant this concession shall use the employee parking spaces so designatedfacilities. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant City shall have the right to use any parking spaces not designated as reserved enter upon the Golf Course, including the LeaseLeased Premises, at all times for any other Tenant up to purpose, including without limitation, inspecting the number of parking spaces herein allotted to Golf Course or the TenantLeased Premises or for making improvements or repairs thereto or thereon. Tenant shall not use parking spaces place or install any racks, stands or other display of merchandise or trade fixtures in excess any Golf Course property outside the Leased Premises without the express prior consent of those specifically allotted the City. Tenant acknowledges and agrees that City shall have the right at all times to change, alter, expand, and contract the Golf Course including the Leased Premises.. Notwithstanding the foregoing, any changes that will affect the Leased Premises, except changes needed for immediate health and safety reasons, will be made after first providing Tenant with at least sixty days (60) notice and an opportunity to consult and collaborate. Should changes to the Leased Premises be made without Tenant’s approval and cause damage to Tenant’s business, City will reimburse Tenant for Tenant’s actual direct damages not to exceed the amount of Lease Fees paid by Tenant to City over the Landlord hereinprior twelve (12) month period. Without limiting the generality of the foregoing, nor shall Tenant acknowledges and agrees that the Tenant obstruct or interfere with any common areas within Golf Course (i) may from time to time hereafter undergo renovation, construction, and other modifications; and (ii) the improvement or common area sidewalks City may from time to time adopt rules and common area ingress regulations relating to security and egress routesother operational concerns that may affect Tenant’s business.

Appears in 1 contract

Samples: Concession Agreement

Leased Premises. Landlord, in consideration Landlord leases to Tenant and Tenant rents from Landlord the premises consisting of the rents entire rentable area of the 1400 freestanding office building to be paid constructed by Tenant and Landlord in the covenants and agreements hereinafter location designated as the "Initial Building" in Exhibit A (the "Premises"); containing the floor area set forth to be performed by Tenantin Item 8 of the Basic Lease Provisions. The building in which the Premises are situated (which together with the underlying real property, does hereby agree to lease to Tenant that is called the "Building") is a portion of the real property and improvements located project described in Item 2 (the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”"Project"). With respect to the foregoing Building and any other building in which Tenant leases at least one full floor, Tenant shall also have the right to use a proportionate share of the shafts, risers and conduits to the building roof and between floors, provided such use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall does not interfere with the peaceful enjoyment building systems and complies with all applicable laws, codes and other legal requirements. Upon completion of the use Building shell, Landlord shall cause its architect to recalculate the rentable area of said common areas the Premises. If Landlord's architect determines that the rentable square footage of the Premises differs from that set forth in the Basic Lease Provisions, then Landlord shall so notify Tenant and Tenant shall be afforded a period of fifteen (15) days to review such determination; provided that in the event Tenant disputes the calculation within that period, the matter shall be resolved by arbitration in accordance with Section 14.7. Should it be finally determined that the rentable area differs from that set forth in Item 8 of the Basic Lease Provisions, the Basic Rent (as shown in Item 6 of the Basic Lease Provisions) shall be promptly adjusted in proportion to the change in square footage, which adjustment shall be retroactive (if applicable) to the Commencement Date. In determining the rentable area of the Premises, Landlords architect shall calculate the usable area of the Premises in accordance with the standards of ANSI/BOMA Z65.1-1996, and the balance rentable areas of the Landlord’s Real Property Premises shall equal that usable area multiplied by any other tenant to whom the Landlord has leased a portion load factor of said Real Property. Tenant’s use of parking spaces 1.08 (which load factor shall be limited only apply to the number specifically allotted initial Building leased in its entirety hereunder). Promptly following the final determination of the rentable area, the parties shall memorialize the adjustments, if any, by executing an amendment to the Tenant this Lease prepared by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routes.

Appears in 1 contract

Samples: Pimco Advisors Holdings Lp

Leased Premises. Landlord, in In consideration of the rents to be paid by Tenant reserved and the covenants and agreements hereinafter set forth herein contained on the part of Tenant to be performed by observed and performed, Landlord hereby demises, lets and leases unto Tenant, does and Tenant hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixomrents from Landlord, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, those certain premises consisting of a space containing an area of approximately 27,072 12,000 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”) shown on Exhibit “A” attached hereto and constituting a part of the office/warehouse building, known as Building I, 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 made a part hereof for all purposes. Tenant shall also have the right to the use of The Building is in a development containing other buildings, such buildings together with all common areas on the Real Property consistent with the purpose for such related site land, improvements, parking facilities, common areas, provideddriveways and landscaping, however, the Tenant shall not interfere together with the peaceful enjoyment Building are referred to herein as the “Project”. The purpose of the use site plan attached as Exhibit “A” is to show the approximate location of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In Landlord reserves the event Landlord designates 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 same do not materially and adversely affect the Tenant’s 's use and occupancy of the Premises. The use and occupancy by Tenant of the Leased Premises shall include the use, in common with others entitled thereto, of the common service areas, pedestrian walks, automobile driveways and parking spaces by signage or otherwiseareas, Tenant shall use all as shown on the parking spaces so designatedsite plan attached hereto as Exhibit “A”. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to determining the number of parking spaces herein allotted square feet of area 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 mechanical and service rooms and closets in the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesBuilding.

Appears in 1 contract

Samples: Lease Agreement (Sulphco Inc)

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, in consideration of the rents to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have the right to the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, The initial Leased Premises demised hereunder are described in Exhibit A hereto. Tenant shall use be entitled to the parking spaces so designated. In following as appurtenances to the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have Leased Premises: the right to use (a) the Parking Areas, if any, 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 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 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 designated by Landlord from time to time, all areas, facilities and systems, including risers, telephone, electric and other utility closets in the Building and other portions of the Project available from time to time for the common use of tenants in the Building (all such areas, facilities and systems, together with all areas, facilities and systems denominated as "Building Common Areas" and "Floor Common Areas" in the Measurement Standard, the "Common Areas") and 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 hereof including, but not limited to, the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any parking spaces not designated as reserved for any other Tenant up non-exclusive easements and/or licenses in, about or appurtenant to the number of parking spaces herein allotted Project, including but not limited to the Tenant. Tenant shall not non-exclusive right to use parking spaces in excess of those specifically allotted any walkways, tunnels, and skywalks connected to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesProject.

Appears in 1 contract

Samples: Master Lease Agreement (American Financial Realty Trust)

Leased Premises. Landlord hereby demises and leases to Tenant and Tenant hereby leases from Landlord, in consideration of on the rents to be paid by Tenant terms and the covenants and agreements hereinafter conditions herein set forth to be performed by Tenantforth, does hereby agree to lease to Tenant that portion of the real property Building consisting of:  approximately 3,584 rentable sq. ft., designated as SUITES 8 and improvements located in 9  on the City of Wixombuilding plans maintained by the Landlord. The leased space is sometimes referred to herein as the "Premises", County of Oaklandand its location is shown on the attached Exhibit "A".  The Premises are leased with bare, State of Michiganexterior walls insulated but not covered with drywall, commonly known as 50120 Pontiac Trail (“Real Property”)and with plumbing and electrical lines and HVAC service brought to the Premises, as specifically set forth on 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 Floor Plan dated August 30responsibility of Tenant to construct and install.  The building and the leased premises, 2002 attached hereto when completed, will be in compliance with all applicable building, safety and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet fire codes and all other items of real or personal property located within with the Americans with Disabilities Act.  It is understood the drive thru window and canopy construction will be at the tenant's expense. It is understood the approximate cost for said area (all such property hereinafter referred construction will be between $15,000-$18,000. It is further understood appropriate documentation will be provided to as substantiate the “Leased Premises”)final cost. Tenant shall also have the right  All interior finish improvements to the use Premises shall be obtained from a competent construction contractor of all common areas on the Real Property consistent with the purpose for such common areasTenant's choice, provided, however, that Landlord shall approve the Tenant shall not interfere with the peaceful enjoyment selection of the use of said common areas Tenant's contractor (and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited its subcontractors) prior to the number specifically allotted to commencement of any work at the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted be responsible for completing these interior finishes and improvements to the Premises in accordance with the written architectural and construction agreements approved by Landlord, whose approval shall not be unreasonably withheld or delayed. Tenant by shall pay any and all costs necessary to complete these interior finishes and improvements.  Prior to the Landlord hereincommencement of any improvements to finish the interior of the Premises, nor Tenant and any contractor working in or on the Premises shall execute a Stipulation Against Liens to be recorded in the Tenant obstruct or interfere with any common areas within Office of the improvement or common area sidewalks and common area ingress and egress routes.Clerk of Courts, Lehigh County, Pennsylvania, at Tenant's expense. 

Appears in 1 contract

Samples: Lease Agreement (Embassy Bancorp, Inc.)

Leased Premises. That portion of the Building indicated in red on Exhibit B, on the floor(s) indicated thereon, together with a common area percentage factor determined by Landlord, resulting in consideration an aggregate of approximately 1,159 net rentable square feet. The Leased Premises also include, but are not limited to, the back-up electrical power equipment located in the common area parking lot which is contiguous to building. Premises shall include the Utility Installation Space which shall mean the certain utilities and installation space located in and through portions of the rents Building, other than and in addition to be paid the 1,159 square feet of space of the Building, necessary for the installation, construction, connection, use and maintenance by Tenant and the covenants its officers, employees, and agreements agents (including without limitation a local telephone company) of Tenant's Equipment (as hereinafter set forth defined) and such additional telephone cables, conduits and other facilities and/or equipment as Tenant may reasonably determine to be performed appropriate for the operation of Tenant's business at and from the Premises between and among Landlord, Tenant, and other tenants of Building. Any damage done to the building, including but not limited to the lease space, by any contractor working for the tenant shall be fully repaired at LESSEE'S sole expense. The location and configuration of Tenant's Equipment in the Utilities Installation Space shall be designated by Tenant, does hereby agree subject to lease to Tenant that portion Landlord's consent which shall not be unreasonably withheld or delayed. "Tenant's Equipment" shall mean all electronic computerized equipment and components necessary or appropriate for the operation of the real property Tenant's business, including without limitation, (a) all cable, telephone switching equipment, environmental control equipment, power equipment, and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located auxiliary equipment within the said area Premises, including the Utility Installation Space; and (b) all such property hereinafter referred to as cables within conduits throughout the “Leased entire Premises”). Tenant shall also have the right to the use of procure and install all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment Tenant's Equipment at its sole cost and expense without obtaining consent of the use Landlord therefor. Landlord hereby acknowledges that all of said common areas and Tenant's Equipment shall, notwithstanding the balance incorporation of any of the Landlord’s Real Property by any other tenant to whom same into the Landlord has leased a portion Premises, at all times remain the property of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall hereby acknowledges that Landlord is not use parking spaces liable in excess any way for the installation and/or operation and/or maintenance of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesthis equipment.

Appears in 1 contract

Samples: Office Lease (Access Integrated Technologies Inc)

Leased Premises. LandlordLandlord has heretofore obtained a long-term ground lease covering that certain tract of real property situated in the University of Utah Research Park in Salt Lake City, State of Utah, more particularly described in Exhibit “B” attached hereto, together with certain easement for access rights. (Such tract is hereinafter referred to as the “Property”). Landlord owns the Building on the Property referred to in Section 1.01(H) 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 rents rent to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does Landlord hereby agree leases to lease to Tenant, and Tenant that portion of leases from Landlord for the real property Rental Term and improvements upon the terms and conditions herein set forth, the Leased Premises described in Section 1.01(I), located in the City Building. Gross rentable area measurements herein specified are from the exterior of Wixomthe perimeter walls of the Building to the center of the interior walls. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder, County and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which do not materially and adversely interfere with Tenant’s use thereof and serving other parts of Oakland, State the Building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of Michigan, commonly known the Building and reserved areas and elements as 50120 Pontiac Trail (“Real Property”), as specifically set forth above; and (b) the right to install or maintain meters on the Floor Plan dated August 30Leased Premises to monitor use of utilities. In exercising such rights, 2002 attached hereto Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and incorporated herein as Exhibit Afar as practicable shall not materially and adversely interfere with Tenant’s use of the Leased Premises and shall minimize annoyance, consisting interference or damage to Tenant and the Leased Premises when making modifications, additions or repairs. Subject to the provisions of approximately 27,072 square feet Article VIII and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Section 27.11, Tenant shall also 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 other facilities designated for common use of all common areas on within the Real Property consistent Building, except that with the purpose for such common respect to non-exclusive areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designatedcause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any designate, in its sole business judgment, certain spaces as “visitor” parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. and Tenant shall use its best efforts to cause its employees not use parking spaces to park in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routessuch visitor parking.

Appears in 1 contract

Samples: Lease (Majesco Entertainment Co)

Leased Premises. Landlord, in consideration of the rents Landlord leases to be paid by Tenant and Tenant leases from Landlord: (i) the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of premises shown on EXHIBIT A attached hereto (the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”"340 ---------- Commerce Premises"), as specifically set forth and (ii) the premises shown on the Floor Plan dated August 30, 2002 EXHIBIT A-1 attached hereto ----------- (the "350 Commerce Premises"). Collectively, the 340 Commerce Premises and incorporated the 350 Commerce Premises are herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased "Premises". The Premises contain approximately the "Rentable Square Feet" as set forth in Item 8 of the Basic Lease Provisions. The 340 Commerce Premises are located within a building identified in Item 1 of the Basic Lease Provisions as 340 Commerce ("Building 1"); and the 350 Commerce Premises are located within a building identified in Item 1 of the Basic Lease Provisions as 350 Commerce ("Building 2"). Collectively, Building 1 and Building 2 are herein referred to as the "Buildings"), and individually as a "Building". Building 1 and Building 2 are a portion of the project shown on EXHIBIT Y (the "Project"). Tenant shall also have understands --------- that the right floor area set forth in Item 8 of the Basic Lease Provisions may include, at Landlord's option, a factor approximating the total square footage of any common lobby or internal common features of the Buildings times the ratio of the actual square footage of the Premises to the use total square footage of all common areas on the Real Property consistent with Buildings. If, upon completion of the purpose space plans for such common areasthe Premises, providedLandlord's architect or space planner determines that the rentable square footage of the Premises differs from that set forth in the Basic Lease Provisions, howeverthen Landlord shall so notify Tenant and the Basic Rent (as shown in Item 6 of the Basic Lease Provisions) shall be promptly adjusted in proportion to the change in square footage. Within fifteen (15) days following Landlord's request, the Tenant parties shall memorialize the adjustments by executing an amendment to this Lease prepared by Landlord, provided that the failure or refusal by either party to execute the amendment shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Propertyaffect its validity. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up access to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord hereinPremises twenty-four (24) hours per day, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesseven days per week.

Appears in 1 contract

Samples: License Agreement (New Century Financial Corp)

Leased Premises. Landlord, in consideration of the rents Landlord leases to be paid by Tenant and Tenant leases from Landlord the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of Premises shown in Exhibit A (the real property and improvements “Premises”). The Premises are located in the City Xxxx Building and the Xxxxx Building identified in Item 2 of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail the Basic Lease Provisions (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property sometimes hereinafter collectively referred to as the “Leased PremisesBuilding”), which, together with the Common Areas (as defined in Section 6.2 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”), provided that the aggregate rentable square footage of the Premises shall not include any balconies or structured parking. Within thirty (30) days after the “Delivery Date” (as defined below), Landlord’s space 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 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 Tenant’s space planner/architect shall promptly meet and attempt to agree upon 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 also have mutually select an independent third party space measurement professional to field measure such Building under BOMA and to select either the right to the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance measurement of the Landlord’s Real Property by any other tenant to whom space planner/architect or the Landlord has leased a portion of said Real Property. Tenant’s use space planner/architect that is closer to its determination of parking spaces the measurement of such Building. Such third party independent measurement professional’s determination shall be limited to the number specifically allotted to the Tenant by the Landlordconclusive and binding on Landlord and Tenant. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, and Tenant shall use each pay one-half (½) of the parking spaces so designatedfees 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 Landlord shall make appropriate payment (if applicable) to Tenant. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up pursuant to the number procedure described in this Section 2.1 above, it is determined that the square footage amounts shall be 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 parking spaces herein allotted 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 the Tenant. Tenant shall not use parking spaces Once determined, in excess of those specifically allotted to the Tenant by the Landlord herein, nor no event shall the Tenant obstruct rentable square feet of the Premises be subject to remeasurement or interfere change, except in connection with any common areas within the improvement or common area sidewalks and common area ingress and egress routeschange in the physical dimensions of the Premises.

Appears in 1 contract

Samples: Lease (Proofpoint Inc)

Leased Premises. LandlordSubject to and upon the terms, provisions and conditions hereinafter set forth, and each in consideration of the rents duties, covenants, and obligations of the other hereunder, Lessor does hereby lease, demise and let to Lessee and Lessee does hereby lease from Lessor those certain premises (hereinafter called the Leased Premises) in the building known as VICTORIA BANK AND TRUST COMPANY, One O'Coxxxx Xxxza (herein called the Building), Victoria, Texas, the Leased Premises being more particularly described as 9,789.61 square feet of "Net Rentable Area" as hereinafter defined, on the 7th floor of the Building. The computation of Lessee's Net Rentable Area shall be paid by Tenant and made using the covenants and agreements hereinafter definitions set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 Exhibit A attached hereto and incorporated herein made a part hereof in the following manner: the Rentable Area is divided among the tenants along the mid-point of the interior walls separating each tenant from other tenants or from common areas (as Exhibit Adefined in Useable Area Deduct), consisting with each tenant being allocated a proportionate part of approximately 27,072 such common areas as part of that tenant's Rentable Area; then the Prorate Add for such floor is allocated to all tenants in proportion to their shares of the Rentable Area for such floor, thus resulting in a Net Rentable Area for each tenant. No deductions in determining Net Rentable Area are made for columns or projections necessary to the Building. Lessee is currently occupying all of it's Net Rentable Area and acknowledges the boundaries of same. The Net Rentable Area in the Leased Premises has been calculated on the basis of the foregoing definitions and is hereby stipulated for all purposes hereof to be 9,789.61 square feet and all other items of real feet, whether the same should be more or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”)less. Tenant shall also Lessee will have the right ability to the use of all common areas acquire additional space on the Real Property consistent with 7th floor of One O'Coxxxx Xxxza after September 1, 1995, at which time the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall rental amount will be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces adjusted based on the Net Rentable Area in the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesPremises per year.

Appears in 1 contract

Samples: Lease Agreement (Victoria Bankshares Inc)

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in consideration of Exhibit A hereto. Tenant shall be entitled to the rents following as appurtenances to be paid 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 to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Exhibit A and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and the covenants (ii) on a non-exclusive basis (in common with Landlord and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion other tenants or occupants of the real property Property, and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”their respective employees and invitees), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have the right to the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) 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 other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited non-exclusive easements and/or licenses in, about or appurtenant to the number specifically allotted to Property, including the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the non-exclusive right to use any parking spaces not designated as reserved for any other Tenant up walkways, tunnels, and skywalks connected to the number of parking spaces herein allotted Property; and (c) all other rights and benefits provided to Tenant with respect to the Tenant. Property pursuant to this Lease (including the rights granted to Tenant shall not to use parking spaces in excess the roof of those specifically allotted the Building, and other portions of the Property located outside of the Leased Premises, pursuant to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesSection 3.5 hereof).

Appears in 1 contract

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

Leased Premises. Landlord, in consideration of the rents Landlord hereby leases to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by TenantTenant hereby leases from Landlord that certain parcel of real estate containing approximately 8.66 acres located on Xxxx X0, does hereby agree to lease to Tenant that portion of the real property and improvements located X0, X0 & X0 xx Xxxxx Xxxxxx Xxxxxxxx Center in the City of WixomVanderburgh County, County of OaklandIndiana, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 described in Exhibit A attached hereto and incorporated herein as by this reference, together with all rights, interest and privileges therein or appurtenant thereto, including any existing or necessary easements of access to the Real Estate and/or on, over and across any adjacent or abutting parcels, whether owned by Landlord or otherwise, and all permits and approvals therefor (the “Real Estate”), the building (the “Building”) to be constructed by Landlord thereon, shown and described on Exhibit AA-1 (“Site Plan”) attached hereto and incorporated herein by this reference, consisting which such Building will consist of approximately 27,072 sixty thousand (60,000) square feet (measured from the exterior face of all exterior walls) of office space, and all other items of real or personal property located within related improvements to be constructed on the said area Real Estate by Landlord and used in connection with the Building and Tenant’s operations therefrom, including but not limited to curb cuts, access drives, roadways, parking areas (all such property hereinafter the “Improvements”). The Real Estate, Building and Improvements are collectively referred to as the “Leased Premises”), and the boundary description of the Leased Premises is outlined on the Site Plan attached hereto. Tenant shall also have Notwithstanding the right foregoing or anything in this Lease to the use 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 common areas on easements, rights of way, above and/or below ground utilities, and metes and bounds description of the boundary lines of the Real Property consistent Estate; (c) platted subdivision or proposed plat of subdivision (if applicable) with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and respect to the balance of any property owned by Landlord and adjacent to or abutting the Leased Premises but not otherwise herein Leased to Tenant; (d) existing environmental assessments of the Real Estate and any correspondence or orders from any jurisdictional authorities in connection with the presence or alleged presence of hazardous materials on or adjacent to the Real Estate; and (e) evidence of Landlord’s Real Property by any other tenant proper and lawful formation, good standing and authority to whom enter into the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to Lease with Tenant (the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises“Due Diligence Documents”). In the event Landlord designates Tenant’s parking spaces by signage Tenant objects to any matters of title or otherwisesurvey or there shall be any environmental condition or presence or alleged presence of hazardous materials on or about the Real Estate, Tenant shall use provide Landlord with written notice thereof and Landlord shall be obligated to cure any and all such objections prior to the parking spaces so designatedCommencement Date. In Notwithstanding the foregoing, in the event the said objections are of a type that Landlord does may not designate specific parking spaces for Tenantreasonably be cured within such time period, then or are otherwise not susceptible to cure, Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesterminate this Lease.

Appears in 1 contract

Samples: Lease (Shoe Carnival Inc)

Leased Premises. Landlord hereby leases to Tenant, and Tenant hereby hires and takes from Landlord, in consideration of the rents to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly premises known as 50120 Pontiac Trail Suite C3-6 in their “AS IS CONDITION” (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “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 the property known as AMERICAN YACHT HARBOR, St. Txxxxx, U.S. Virgin Islands (the “Property”), and as described and shown more particularly on Exhibit A attached hereto and made apart hereof, which premises extend to the interior of the exterior face of all exterior walls, and to the center line of those walls separating the Lased Premises from other premises in AMERICAN YACHT HARBOR, which Leased Premises, Landlord and Tenant hereby agree, shall also have 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 terms, covenants, conditions and provisions of this Lease; Together with the appurtenances specifically granted in this Lease, but reserving and excepting to the Landlord (i) the use of (a) the exterior faces of the exterior walls, (b) the upper surface of the roof and (c) the lower surface of the floor and (ii) the right to install, maintain, use, repair and replace pipes, ducts, conduits and wires which now or hereafter may serve mbar parts of AMERICAN YACHT HARBOR and which now or hereafter may pass through the use of all common areas on the Real Property consistent with the purpose for Leased Premises, so long as such common areaspipes, providedducts, however, the Tenant shall conduits and wires are not placed in locations which will materially adversely interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have hereby reserves the right at any time and from time to use time to make alterations or additions to and to build additional storks on any parking spaces not designated as reserved section of the 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 other Tenant up provisions that survives the terminations thereof shall continue to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routessurvive.

Appears in 1 contract

Samples: Lease (Amphitrite Digital Inc)

Leased Premises. Landlord, in consideration The premises demised and leased hereunder ("Leased Premises") consist of the rents Property, legally described at Exhibit A, and depicted on the Site Plan, Exhibit B, together with all right, title and interest of Landlord in and to all rights of way or use, servitudes, licenses, easements, tenements, hereditaments and appurtenances now or hereafter belonging or pertaining to the use of such real property during the Term, including, but not limited to, any easements granted to Tenant pursuant to the REA described in Section 5.8, but expressly excluding all Improvements now or to be paid by located thereon. The parties agree that Tenant alone shall be entitled to all federal tax attributes of ownership of the Improvements, including without limitation, the right to claim depreciation or cost recovery deductions and the covenants right to claim low-income housing tax credits thereon. The Parties contemplate that the Property shall be subdivided by the Parcel Map into the following parcels: the Housing Parcel, the Retail Parcel A, the Retail Parcel B, and agreements hereinafter set forth the Agency Garage Parcel. (The Retail Parcel A and the Retail Parcel B are referred to collectively as the “Retail Parcels.”) As provided below at Section 2.3, after recordation of the Parcel Map and prior to the issuance of a certificate of occupancy for the Improvements, this Lease shall be performed by Tenantamended to provide that the Leased Premises shall include the Housing Parcel and the Retail Parcels; the Leased Premises shall not include the Agency Garage Parcel. Further, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located Improvements within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have the right to the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Agency Garage Parcel will be owned by Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routes.

Appears in 1 contract

Samples: Assignment and Assumption Agreement

Leased Premises. Landlord, in consideration of the rents to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, 2.1 Landlord does hereby agree to lease to Tenant that the space specified in Section 1(B) of the Basic Lease Provisions, as shown on Exhibit "B" attached hereto, together with the nonexclusive right and easement to use the parking and certain common areas and facilities, which are furnished by the Landlord at or in the Building, in common and conjunction with the Landlord, the other tenants of the Building, and their respective agents, employees, customers and invitees (the "Common Areas"). Landlord shall not reduce, alter, modify or change in any manner the Common Areas without the consent of Tenant, which consent shall not be unreasonably withheld or delayed, provided that: (i) the rear portion of the real property parking lot area may be so altered, so long as same does not affect Tenant's rights hereunder, and improvements located in (ii) the City interior hallway may be reconfigured to accommodate a new tenant, so long as access to and visibility of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”)Premises is not adversely affected thereby. Tenant and its agents, employees, customers and invitees shall also continue to have the exclusive right to use the parking spaces currently designated for Tenant's use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment as of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premisesdate hereof. In the event Landlord designates Tenant’s parking spaces by signage or otherwisethe size of the Leased Premises is reduced in accordance with Section 36 of the Lease, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the designated for Tenant's use shall be proportionately reduced. Tenant further acknowledges that Landlord shall not use have no obligation to police, monitor or enforce the usage of Tenant's designated parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesspaces.

Appears in 1 contract

Samples: Automatic Data Processing Inc

Leased Premises. LandlordLESSOR hereby leases to TENANT and TENANT hereby leases from LESSOR Office Suites #206, 207, and 208 in consideration the CITY OF ARLINGTON AIRPORT TERMINAL BUILDING (herein called the "Building"), located at 0000 Xxxxx Xxxxxxx Xxxxxx in Arlington, Tarrant County, Texas. The space hereby leased in the Building is hereinafter 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 to be occupied by the TENANT, measured from the inside surface of the rents outer glass or finished column walls of the building to be paid the midpoint of (a) the walls separating areas leased by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to or held for lease to Tenant that portion other TENANTS, (b) the walls of Common Areas, hereinafter defined, and (c) the real property and improvements located in walls of Service Areas, herein defined. The term “Common Areas,” as used herein, shall mean the City of WixomBuilding entries, County of Oaklandcorridors, State of Michiganlobbies, commonly known as 50120 Pontiac Trail (“Real Property”)restrooms, as specifically set forth on the Floor Plan dated August 30janitor closets, 2002 attached hereto and incorporated herein as Exhibit Avending rooms, consisting of approximately 27,072 square feet telephone rooms, mechanical rooms, electrical rooms, elevator rooms and all other items areas of real 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 personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have the right other projections or structural portions necessary to the use of all common areas building. The Net Rentable Area in the Leased Premises has been calculated on the Real Property consistent basis of the foregoing definition and is hereby stipulated for all purposes to be approximately 1,117 square feet, whether the same should be more or less as a result of minor variations resulting from actual construction and completion of the Leased Premises for occupancy so long as such work is done in accordance with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas terms and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesprovisions hereof.

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. Landlord, in consideration of the rents rent to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree lease and demise to lease Tenant, and Tenant hereby rents and hires from Landlord, for the Term herein set forth, the Leased Premises which are described as set forth in the Data Sheet attached hereto, in the Shopping Center. Landlord does not warrant or represent that the Shopping Center is or will be constructed exactly as shown on the Site Plan. Notwithstanding anything contained in this Lease to Tenant that portion 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 make alterations or additions to, and build additional stories on, the real property building in which the Leased Premises are to be located, and to build adjoining the same, to construct other buildings and improvements located of any type in the City of WixomShopping Center or the Common Areas, County of Oaklandor any part thereof, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have including the right to locate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the Shopping Center, and to make alterations therein or additions thereto, to build additional stories on any building or buildings within the Shopping Center, and to build adjoining thereto, to construct decks or elevated parking facilities and free standing buildings within the parking lot areas of the Shopping Center, and to change the size, location, elevation and nature of any of the stores in the Shopping Center or of the Common Areas, or any part thereof; provided that in no event shall Landlord do anything hereunder which will materially adversely affect Tenant's use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces elects to enlarge the Shopping Center, or any part thereof, any additional area may be included by signage or otherwise, Tenant Landlord in the definition of the Shopping Center for purposes of this Lease. Landlord shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant 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 areas of the Shopping Center shall be accordingly adjusted. For purposes of determining the GLA Fraction, the term "Shopping Center" shall exclude buildings not owned by Landlord. 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 and easements affecting the Shopping Center, and to the terms and provisions of certain reciprocal easement and operating agreements now or hereafter entered into by Landlord. Landlord represents that no encumbrances, covenants, restrictions or easements affecting the Shopping Center prevent or prohibit the use any parking spaces not designated as reserved of the Leased Premises for the Permitted Use. Notwithstanding any other Tenant up provision of this Lease, the Storage Space shall be utilized solely for storage purposes, and for no other purpose whatsoever (such prohibited uses to the number of parking spaces herein allotted include food preparation, food refrigeration and freezing, customer seating, customer waiting, merchandise sales, memorabilia display, employee changing or break area, or any other use that is not exclusively limited to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesstorage).

Appears in 1 contract

Samples: Center Lease (Big Buck Brewery & Steakhouse Inc)

Leased Premises. Landlord(a) During the twenty business days following the execution of this Agreement, in consideration an advisory Facilities Transition Committee composed of representatives appointed by Sellers and Sellers' Affiliates and by Purchaser will collaboratively review the rents to be paid by Tenant office locations, staffing and leases for the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically Leased Properties set forth on Schedule 6.15(a) and 6.15(c) (the Floor "Scheduled Facilities") and prepare a mutually acceptable draft Facilities Plan dated August 30for the Business to become effective as of the Closing Date. The draft Facilities Plan will contain the following elements with respect to each of the Scheduled Facilities: (i) the estimated number of Business Employees (and, 2002 attached hereto after the Service Date, the estimated number of Transferred Employees) to be sited at each of the geographical locations at which there is a Scheduled Facility (the "Locations"), (ii) the estimated cost of providing physical separation of the Business Employees (and, after the Service Date, the Transferred Employees) from any co-located employees of Sellers, and incorporated herein a recommendation as Exhibit Ato the feasibility and usefulness of physical separation, consisting (iii) the lease expiration date, the square footage currently occupied by the Business Employees, and such other information about the lease as the Facilities Transition Committee may determine to include, (iv) the estimated date upon which Purchaser shall vacate the Scheduled Facility, (v) a review of approximately 27,072 square feet the advantages and all other items disadvantages to Sellers and Sellers' Affiliates and to Purchaser of real the continued occupancy of the Scheduled Facility or personal relocation of the Business Employees within a brief period after the Closing Date to another property located within the said area Location, whether provided by Seller and Sellers' Affiliates or by Purchaser, including the cost of such a relocation and the likely term of occupancy of the alternate location, (all vi) a recommendation, with associated costs to Sellers and Sellers' Affiliates and to Purchaser, with respect to the continued housing of the Business Employees at the Location (whether in the Scheduled Facilities or alternate facilities mutually acceptable to the Sellers and Sellers' Affiliates and to Purchaser), and (vii) such property hereinafter referred to other information and recommendations as the “Leased Premises”)Facilities Transition Committee may determine to include in the draft Facilities Plan. Tenant Within ten business days of delivery, Sellers and Sellers' Affiliates and Purchaser shall also have either (i) approve the right to Facilities Plan, in whole or in part, with or without modifications, or (ii) reject the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage Facilities Plan or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesparts thereof.

Appears in 1 contract

Samples: Asset Purchase and Investment Agreement (Cna Financial Corp)

Leased Premises. Landlord, in In consideration of the rents to be paid by Tenant and the rent, covenants and agreements hereinafter set forth reserved and contained on the part of Tenant to be performed by observed and performed, Landlord hereby demises and leases to Tenant, does and Tenant hereby agree to lease to Tenant that portion of the real property rents and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail takes from Landlord Suite 301 (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”), located in that certain building being a commercial office building located on 100 Xxxxxxxx Xxxxxx (hereinafter referred to as the “Building”), Cambridge, Massachusetts. Tenant shall also have the right to the use of all common areas The Leased Premises contains 10,356 net rentable square feet on the Real Property consistent with third floor of the purpose Building and are more particularly described in Exhibit A, attached hereto. Landlord represents to Tenant that the Leased Premises and the Building were measured based on the BOMA standard for such common areas, provided, however, Office Buildings — Standard Measures of Management (ANSI/BOMA Z65.1 - 2010 and that the Tenant size of the Leased Premises is 10,356 net rentable square feet and the size of the Building is 30,456 net rentable square feet. The Leased Premises shall not interfere with be remeasured during the peaceful enjoyment Lease Term. Nothing herein contained shall be construed as a grant or demise by Landlord to Tenant of the use roof or exterior walls of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises, or of the space above the Leased Premises or below the underside of the floor slab thereof, or of any space within the Leased Premises used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, or of the common areas of the Building. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not in common with Landlord and others from time to time lawfully entitled thereto such service and other common areas and facilities outside of the Leased Premises as may from time to time be established by Owner (as hereinafter defined and designated as reserved for any other Tenant up such in respect to the number Building) including means of parking spaces herein allotted egress and ingress and walkways, sidewalks, lobbies, stairways and other areas of the Building not occupied or intended to be occupied by any person exclusively. Owner has reserved the Tenantright to add to, subtract from, or otherwise change the common facilities from time to time as it may deem for the best interest of the Building; provided, however, it shall not thereby unreasonably interfere with Tenant use and occupancy of the Leased Premises hereunder. Tenant shall not use parking spaces in excess of those specifically allotted takes the Leased Premises subject to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesthis reservation.

Appears in 1 contract

Samples: Lease Agreement (Third Harmonic Bio, Inc.)

Leased Premises. Landlord hereby leases to Tenants, and Tenants jointly and severally hereby lease from Landlord, in consideration the property excluding attic, ROOFS of any structure on Premises, fireplace and located at: Gainesville, Florida (which is a non-smoking unit) together with the rents to following equipment and appliances: Oven-range, Refrigerator, Smoke detectors, Fire Extinguisher. Furniture: Special Provision: Any additional equipment provided would be paid by Tenant listed under #44-Provided appliances, #45-Provided Services & Utilities and #46- Supplied Services & Utilities of this Lease. In the covenants Lease, the dwelling leased, including furniture, equipment, and agreements appliances located thereon or attached thereto, is hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter collectively referred to as the “Leased Premises”). All persons signing this agreement, as Tenant or as signatories in the capacity of a parent or guardian guaranteeing the obligations of the Tenants, shall also have the right be Tenants hereunder, whether named above or not, and said persons agree to the use of be jointly and severally liable for any and all common areas on the Real Property consistent with the purpose for such common areas, providedobligations created hereunder. The parties expressly agree, however, that the Tenant failure on the part of the Landlord to obtain the signature of a guarantor shall not interfere with affect the peaceful enjoyment liability of any Tenant who has already executed this lease. Tenants obligations to provide guaranties, proof of income, or pay security deposit are stipulated and understood not to constitute conditions precedent to this Lease being fully effective and binding on undersigned Tenants but are requirements which must be met before Tenants can physically occupy the use Premises; the failure of said common areas and the balance any or all undersigned Tenants to provide any such requirement shall not operate to void or negate this Lease or Tenants’ monetary obligations in any way. If a guaranty is required by Landlord or executed on behalf of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces Tenant it shall be limited the Tenants obligation to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage notify any/all guarantor(s) of any renewal, modification or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use execution of this Lease or any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routessubsequent Lease agreements.

Appears in 1 contract

Samples: Residential Lease Agreement

Leased Premises. LandlordLESSOR hereby leases to TENANT and TENANT hereby leases from LESSOR Office Suite Wildcat Aviation, LLC, in consideration of the rents to be paid by Tenant and located CITY OF ARLINGTON AIRPORT TERMINAL BUILDING (herein called the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (Real PropertyBuilding”), as specifically set forth on 0000 Xxxxx Xxxxxxx Xxxxxx in Arlington, Tarrant County, Texas. The space hereby leased in the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property Building is hereinafter 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. Tenant 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 also have mean that area occupied or to be occupied by the right TENANT, measured from the inside surface of the outer glass or finished column walls of the building to the midpoint of (a) the walls 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. The term “Common Areas,” as used herein, shall mean the 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 all common areas 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 other projections or structural portions necessary to the building. The Net Rentable Area in the Leased Premises has been calculated on the Real Property consistent basis of the foregoing definition and is 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 completion of the Leased Premises for occupancy so long as such work is done in accordance with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas terms and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesprovisions hereof.

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, in consideration of on the rents terms and provisions and subject to be paid by Tenant and the covenants and agreements conditions hereinafter set forth to be performed by Tenantin this Lease, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of WixomXxxxx 000, County of Oakland0000 Xxxxxxxx Xxxx Xxxx., State of MichiganXxxxxxx, commonly known as 50120 Pontiac Trail (“Real Property”)Xxxxxxxxx 00000, as specifically set forth shown on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as floor plan (Exhibit A), consisting of approximately 27,072 10,137 square feet and all other items on the 5th floor of real or personal property located within the said area Building, (all such property hereinafter referred to as the “Leased Premises”). The building in which the Leased Premises are located (the "Building") contains approximately 113,500 square feet and is located on the property described in Exhibit B. The Building and the property on which it is located are referred to herein as "Landlord's Property". Tenant shall also have the right a non-exclusive right, subject to the provisions hereof, to use all appurtenances to the Leased Premises designated by Landlord from time to time for use in common by other tenants of all common areas on the Real Property consistent Building in accordance with the purpose provisions of Article V, 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 such common areasMeasuring Floor area in Office Buildings” (the “BOMA Standards”). Landlord agrees to cap the BOMA load factor at 12%. If at any time Landlord determines, substantially in accordance with BOMA Standards, that the 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 of the Leased Premises or Building specified in this section and the rentable area of the Leased Premises or Building as may be determined after the date of this Lease. Tenant shall not interfere with have the peaceful enjoyment right to access and use the communications/electrical room shown on Exhibit A (the “Communications Room”) located on the 5th Floor of the use of said common areas and Building to serve the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be Leased Premises, including but not limited to the number specifically allotted to right install, maintain, and repair electrical, computer and telephone equipment in the Tenant by the LandlordCommunications Room and any wiring or cabling related thereto. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces the existing fiber optic cabling and service, if any, and the right to bring in its own fiber optic service for exclusive use in the Leased Premises. If another tenant occupies space on the 5th Floor of the Building, Tenant's access shall be limited to a portion (not less than half) of the Communications Room designated as reserved for any by the Landlord, to be divided from the remainder of the Communications Room by a wall constructed by Landlord at Tenant's expense and, when Tenant's access is so limited, the square footage of the Leased Premises shall be reduced by the square footage of the Communications Room assigned to other tenants and the Base Rent adjusted accordingly. At all times during the Term of the Lease, Landlord shall provide Tenant up with access to the number of parking spaces herein allotted to Building, the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to Leased Premises, and the Tenant by the Landlord hereinCommunications Room twenty-four (24) hours a day, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesseven (7) days a week.

Appears in 1 contract

Samples: Lease Agreement (Exact Sciences Corp)

Leased Premises. Landlord, in consideration Landlord hereby leases to Tenant and Tenant leases from Landlord the Leased Premises. Landlord shall use reasonable efforts to ensure Tenant Parties’ (as defined below) access to the Leased Premises and shall permit Tenant to use the common areas of the rents Building (including but not limited to be paid by Tenant the bathrooms, cafeteria, hallways, stairwells, elevators and driveways and parking areas serving the covenants Building) (the “Common Areas”) and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of the real property and improvements all equipment located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail Leased Premises (“Real Property”), as specifically set forth but not the Common Areas) on the Floor Plan dated August 30Commencement Date (including but not limited to all furniture, 2002 attached hereto fixtures and incorporated herein as Exhibit Aequipment located therein). Promptly following the Commencement Date, consisting Landlord and Tenant shall document an inventory of approximately 27,072 the moveable furniture, fixtures and equipment within the Leased Premises. Landlord and Tenant agree that the rentable square footage of the Leased Premises is 7,210 rentable square feet, comprised of 6,270 rentable square feet and all other items of real or personal property office space located within on the said area 1st floor of the Building (all such property hereinafter referred to as the “Leased Office Premises”) and 940 rentable square feet of research & development laboratory space located on the 2nd floor of the Building (the “Lab Premises”). Tenant shall also have the right to the use of all common areas on the Real Property consistent with the purpose for such common areas[*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, providedMARKED BY BRACKETS, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesHAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.

Appears in 1 contract

Samples: Long Term Lease Agreement (Viela Bio, Inc.)

Leased Premises. Landlord, in In consideration of the rents promises and covenants to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, Landlord does hereby agree to lease to Tenant that portion of Tenant, for the real property term and improvements located in upon the City of Wixomprovisions and conditions hereinafter set forth, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, premises consisting of approximately 27,072 two thousand (2,000) square feet on the second floor (“Leased Premises”) of the central office building (“Building”) located at 00000 Xxxxxx Xxxxxxxxx, Eastlake, Ohio 44095 (the “Land”) in the area shown on “Exhibit A” attached hereto. The Land and all other items of real or personal property located within the said area (all such property Building are hereinafter referred to as the “Property”. 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”). The use of the Common Areas shall be 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 whom Landlord has previously granted, or may hereinafter grant, rights of usage; provided that such nonexclusive use shall be expressly subject to such reasonable rules and regulations which may be adopted by the Landlord from time to time. Tenant shall also have not be entitled to use the Common Areas for storage of goods, vehicles, refuse or any other items. Landlord reserves the right to alter, modify, enlarge, diminish, reduce or eliminate the use of all common areas on the Real Property consistent with the purpose for such common areas, Common Areas from time to time in its sole discretion; provided, however, the Tenant shall it does not unreasonably and materially interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use and occupancy of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In So long as Tenant complies with the event terms, provisions and conditions of this Lease, Landlord designates Tenant’s shall maintain and operate, or cause to be maintained and operated automobile parking spaces by signage facilities (the “Parking Facilities”) adjacent to or otherwise, Tenant shall use within a reasonable distance from the parking spaces so designatedBuilding. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up relocate such Parking Facilities to another location in Landlord’s reasonable discretion to facilitate development of the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesProperty.

Appears in 1 contract

Samples: Lease Agreement

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Leased Premises. Landlord demises and leases to Tenant, and Tenant leases and takes from Landlord, the Leased Premises together with the right to use for ingress to and egress from the Leased Premises, in consideration common with others, the Common Areas. Landlord has the exclusive right, subject to any express limitation set forth in Section 4.04 and Article XIX hereof, to (i) use the exterior faces of all perimeter walls of the rents to be paid by Tenant Building, the roof and all air space above the covenants Building and agreements hereinafter set forth to be performed (ii) install, maintain, use, repair and replace pipes, ducts, cables, conduits, plumbing, vents, utility lines and wires to, in, through, above and below the Leased Premises and other parts of the Building. Tenant, or a registered architect selected by Tenant, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have the right to the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up access, review and remeasure the Leased Premises prior to the number of parking spaces herein allotted to the TenantTerm 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 and Tenant shall endeavor to resolve such discrepancy. If Landlord and Tenant are not use parking spaces able to resolve such discrepancy, then Landlord and Tenant shall jointly appoint an independent 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, then the Minimum Rent, Tenant's Operating Costs Share, Tenant's Tax Share, the Tenant Work Allowance (as defined in excess the Work Agreement attached hereto as Exhibit B) and any other amounts or terms in this Lease which are based upon the square footage of those specifically allotted the 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 the amount of Minimum Rent payable for such period exceeds the amount previously paid by Tenant, 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 Landlord herein, nor shall same to the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesnext payment of Minimum Rent due hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Opnet Technologies Inc)

Leased Premises. LandlordLandlord is an Affiliate (as hereafter defined) of Inland American Lodging Woodlands Limited Partnership, in consideration an Illinois limited partnership (the “Owner”). Owner owns the Building and has leased the Building to Landlord pursuant to that certain Lease Agreement of even date herewith (the “TRS Lease”). The Landlord is also, with respect to the Management of the rents Building, party to be paid by a Management Agreement with Marriott Hotels Services, Inc. (“Manager”). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the covenants rental and agreements hereinafter on the terms and conditions herein set forth to be performed certain space designated herein as Suite 1401 and containing approximately 840 square feet as reflected on Exhibit A attached hereto and made a part hereof by Tenant, does hereby agree to lease to Tenant that portion of reference (the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (Real PropertyPremises”), as specifically set forth on the Floor Plan dated August 30fourteenth floor of the building located at 0000 Xxxx Xxxxxx Xxxxx, 2002 attached hereto Xxx Xxxxxxxxx, Xxxxx 00000, and incorporated herein known as Exhibit A, consisting of approximately 27,072 square feet The Woodlands Waterway Marriott Hotel and all other items of real or personal property located within the said area Convention Center (all such property hereinafter referred to as the “Leased PremisesBuilding”). Landlord grants Tenant shall also have the a non-exclusive right to use the use Common Areas during the Term, in common with others and subject to the provisions of all common areas on the Real Property consistent with the purpose for such common areasthis Lease. “Common Areas” are, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to, all present and future areas, facilities and equipment in the Building designated for the common use of the occupants, guests and invitees of the Building, including, without limitation, parking facilities (subject to payment as hereafter provided), walkways, driveways, lobbies, landscaped areas, loading areas, public corridors, public restrooms, stairs and elevators. Subject to the number specifically allotted payment of applicable fees and charges from time to time in effect for visitor parking in the parking facilities serving the Building, Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates and Tenant’s parking spaces by signage or otherwiseagents, Tenant employees, licensees and invitees shall have the non-exclusive right to use the parking facilities serving the Building (which shall not exceed the standard rates charged to hotel guests and users of meeting an conference facilities in the Building), in common with the hotel guests and users of meeting and conference facilities in the Building, and Tenant’s invitees shall be permitted to utilize the visitor parking spaces so designatedwithin such parking facilities. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up addition to the number foregoing and provided no event of default exists, and subject to payment by Tenant of applicable charges from time to time established by Landlord for parking spaces herein allotted permits, Landlord agrees to make available to Tenant five (5) parking permits, each for the non-exclusive use by a single automobile 24 hours a day and 7 days a week in the so-called “East Garage”, which is immediately adjacent to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesBuilding.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)

Leased Premises. Landlord, in consideration of the rents rent to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to demise and lease to unto Tenant, and Tenant that portion of the real property and improvements located hereby rents from Landlord, those certain premises in the City of Wixom, County of Oakland, State of Michigan, retail development commonly known as 50120 Pontiac Trail Market Square Shopping Center (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as "Shopping Center"), and having 2,293 square feet of floor area. Said development is shown on the site plan marked Exhibit "A" attached hereto and made a part hereof, such "Leased Premises”)" being cross-hatched thereon and known as Suite Number 262. Tenant shall also have The legal description of the Shopping Center is more particularly described on Exhibit "B" attached hereto and made a part hereof. The exterior walls and roof of the Leased Premises and the area beneath or above said premises are not demised hereunder and the use thereof together with the right to install, maintain, use, repair and replace pipes, ducts, conduits, wires and structural elements leading through the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall Leased Premises in locations which will not materially interfere with the peaceful enjoyment Tenant's use thereof and serving other parts of the use of said common areas and Shopping Cerrter are hereby reserved unto landlord. Tenant hereby agrees that it is leasing the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Propertypremises in their as-is condition. Tenant’s use of parking spaces , at its sole cost and expense, shall be limited responsible to complete any and all improvements or modifications necessary in order to make the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces premises ready for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesTenants occupancy.

Appears in 1 contract

Samples: Lease (International Solubles Corp)

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, in consideration of the rents to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have the right to the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, The initial Leased Premises demised hereunder are described in Exhibit A hereto. Tenant shall use be entitled to the parking spaces so designated. In following as appurtenances to the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have Leased Premises: the right to use (a) Parking Areas, (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 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 floors also serviced by such facilities and (d) in common with Landlord and other tenants or occupants of the Projects, their invitees and guests and others as designated by Landlord from time to time, all areas, facilities and systems, including risers, telephone, electric and other utility closets in the Buildings and other portions of the Projects available from time to time for the common use of tenants in the Buildings (all such areas, facilities and systems, together with all areas, facilities and systems denominated as "Building Common Areas" and "Floor Common Areas" in the Measurement Standard, the "Common Areas") and 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 hereof including, but not limited to, the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any parking spaces not designated as reserved for any other Tenant up non-exclusive easements and/or licenses in, about or appurtenant to the number of parking spaces herein allotted Projects, including but not limited to the Tenant. Tenant shall not non-exclusive right to use parking spaces in excess of those specifically allotted any walkways, tunnels, and skywalks connected to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesProjects.

Appears in 1 contract

Samples: Master Lease Agreement (American Financial Realty Trust)

Leased Premises. Landlord, in consideration of the rents to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, Leased Premises (a) Landlord does hereby agree to demise and lease to Tenant that portion and Tenant does hereby rent and lease from Landlord the Leased Premises (excluding the roof and the exterior surfaces of the real property exterior walls thereof) for the Term, subject to all of the terms and improvements located conditions of this Lease. License to Use Common Areas and Facilities (b) During the Term, Tenant and its employees and invitees, shall have the non-exclusive right, in common with other tenants, occupants and users of the Property, to use the Common Areas and Facilities (as defined below) of the Property. Tenant acknowledges and agrees that the non-exclusive use right granted to Tenant and its employees and invitees in and to the Common Areas and Facilities is being granted subject to all of the terms, conditions and restrictions set forth in this Lease. As used in this Lease, “Common Areas and Facilities” mean those areas and facilities which may be designated by Landlord from time to time in or about the Property for the general use in common by all tenants, occupants and users of the Property and shall include, without limitation, driveways, truckways, entrances, lobbies, exits, loading docks, pedestrian sidewalks, ramps, exterior (and interior) stairways, elevators, parking areas, landscaped areas, and lighting facilities. In addition, although the roof of the Building is not literally part of the Common Areas and Facilities available for use by all tenants, occupants and users of the Property, it will be deemed to be so included for purposes of Landlord’s ability to prescribe rules and regulations regarding same and its inclusion for purposes of Operating Costs (as defined in Schedule “D” attached hereto) reimbursements. Notwithstanding anything herein to the contrary, Tenant shall not utilize any parking spaces other than the unreserved Permitted Number of Parking Spaces, and such use shall be on an unassigned, “first come-first served” basis during the Term, except that Tenant shall have two reserved parking spaces as set forth in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”)Basic Lease Information Rider. Tenant and its employees and invitees shall also not park in any spaces reserved for another tenant and clearly marked for reserved use. Landlord has and reserves the right to alter the methods used to control parking and the right to establish such controls and rules and regulations (such as parking stickers to be affixed to vehicles) regarding parking that Landlord may deem desirable. Without liability, Landlord will have the right to tow or otherwise remove vehicles improperly parked, blocking ingress or egress lanes, or violating parking rules, at the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment expense of the use of said common areas and the balance offending tenant and/or owner of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Propertyvehicle. Tenant’s right to use of the parking spaces shall be limited facilities pursuant to this Lease are subject to the number specifically allotted following conditions: (i) Landlord has no obligation to provide a parking attendant and Landlord shall have no liability on account of any loss or damage to any vehicle or the contents thereof, Tenant hereby agreeing to bear the risk of loss for same; and (ii) if and when so requested by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use furnish Landlord with the license plate numbers of any vehicles of Tenant and its employees and invitees using the parking spaces so designatedfacilities. In Notwithstanding anything to the event that contrary herein, Landlord does shall not designate specific be entitled to charge any additional fees for any parking spaces for Tenant, then Tenant at the Building during the initial Term of this Lease. Relocation of Leased Premises (c) Landlord shall have the right at any time upon one hundred twenty (120) days’ written notice (the “Notice of Relocation”) to use any parking spaces not designated as reserved for any relocate the Tenant to other premises in the Building (the “Relocated Premises”) and the following terms and conditions shall be applicable: (i) within thirty (30) days after Tenant’s receipt of a Notice of Relocation, Tenant up may terminate this Lease without penalty effective on or before the proposed relocation date by providing Landlord written notice of such early termination and Tenant must vacate the Premises on or before ninety (90) days from the date of the Notice of Relocation; (ii) prior to commencing the relocation move, Landlord must obtain Tenant’s written consent to the number of parking spaces herein allotted Relocated Premises, such consent not to be unreasonably withheld, wherein a failure to reach agreement on the Tenant. Tenant Relocated Premises, each party being reasonable and acting in good faith, may result in early termination as provided in paragraph (i) above; (iii) the Relocated Premises shall not use parking spaces in excess of those specifically allotted to contain approximately the Tenant by same as, or greater Rentable Area than, the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routes.Leased Premises;

Appears in 1 contract

Samples: Lease (Olb Group, Inc.)

Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, in consideration of on the rents terms and provisions and subject to be paid by Tenant and the covenants and agreements conditions hereinafter set forth to be performed by Tenantin this Lease, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of WixomXxxxx 000, County of Oakland0000 Xxxxxxxx Xxxx Xxxx., State of MichiganXxxxxxx, commonly known as 50120 Pontiac Trail (“Real Property”)Xxxxxxxxx 00000, as specifically set forth shown on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as floor plan (Exhibit A), consisting of approximately 27,072 22,475 square feet and all other items of real or personal property located within rentable square feet (21,203 usable square feet plus a 6% load factor) on the said area 5th floor of the Building (all such property hereinafter referred to as the “Leased Premises”). The building in which the Leased Premises are located (the "Building") contains approximately 113,500 square feet and is located on the property described in Exhibit B. The Building and the property on which it is located are referred to herein as "Landlord's Property". Tenant shall also have the right a non-exclusive right, subject to the provisions hereof, to use all appurtenances to the Leased Premises designated by Landlord from time to time for use in common by other tenants of all common areas on the Real Property consistent Building in accordance with the purpose provisions of Article V, 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 such common areasMeasuring Floor area in Office Buildings” (the “BOMA Standards”). Landlord agrees to cap the BOMA load factor at 6%. If at any time Landlord determines, substantially in accordance with BOMA Standards, that the 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 Tenant shall not interfere with the peaceful enjoyment rentable area of the use of said common areas Leased Premises or Building specified in this section and the balance rentable area of the Landlord’s Real Property by any other tenant to whom Leased Premises or Building as may be determined after the Landlord has leased a portion date of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premisesthis Lease. In the event Landlord designates Tenant’s parking spaces by signage or otherwiseelects to expand the Building, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right option to use any parking spaces remove from the Leased Premises the Exit Vestibule depicted on Exhibit A, consisting of 142 rentable square feet (the “Exit Vestibule”). Landlord may exercise this option by written notice (the "Removal Option Notice") to Tenant given at least thirty (30) days in advance of the removal, provided Landlord shall be responsible for all costs related to such removal, including but not designated as reserved for any other Tenant up limited to the number cost of parking spaces herein allotted 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 under this Lease. At all times during the Term of the Lease, Landlord shall provide Tenant with access to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to Building and the Tenant by the Landlord hereinLeased Premises twenty-four (24) hours a day, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesseven (7) days a week.

Appears in 1 contract

Samples: To Lease (Exact Sciences Corp)

Leased Premises. Landlord, in consideration The Leased Premises consists of approximately six (6) acres on the west side of the rents former Melt Shop building along with a connection to the existing Substation as depicted on Exhibit A. Tenant will not use or in any way disturb or enter the area of the former melt shop or other buildings on the Property that is all retained for use by Landlord. Landlord will retain exclusive use and control of the entirety of the Property not encompassing the Leased Premises (subject to any maintenance and repair obligations Tenant may have hereunder relating to the Substation or Leased Premises) and shall be paid by Tenant and given access to the covenants and agreements hereinafter retained area to fulfill its obligations to maintain the Substation as set forth to be performed by Tenantherein. Tenant will install, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixomat its cost, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail Modular Data Centers (“Real Property”MDC), [an office trailer and trailer toilet facilities] as specifically set forth needed for its use and to conduct its business on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). No water or sewer service to the Premises shall be provided by Landlord and if Tenant requires water and/or sewer, it will arrange for its own supplies. Tenant shall also lease 50 MW/year of power capacity from the Substation with Tenant’s supplied transformer to transform from 1105 v to Delivered Voltage at 480v. Tenant shall have the right to connect to the use of all common areas on the Real Property consistent with the purpose Substation to add additional delivered power up to 100 MW at Tenant’s sole cost and expense. Tenant shall contract for internet service in its own name and shall be solely responsible for paying for such common areasservice to the applicable internet service provider, provided, however, the provided that such internet service procured by Tenant shall not interfere with the peaceful enjoyment inter service currently in use at the Property. The Leased Premises includes use of the existing common roadway on the Property. Neither Tenant nor Landlord shall block, obstruct or impede the other party’s use of said the roadway. Landlord will maintain the common areas roadway including dust control, snow removal and patching the balance surface. If the supply of delivered power from the Landlord’s Real Property by Substation is interrupted, Landlord agrees to commence the maintenance, repairs, replacements or restoration with reasonable promptness and to diligently pursue same. If any other tenant interruption of such supply persists for a period in excess of three (3) consecutive days, Tenant shall be entitled to whom a proportionate abatement of Rent in proportion to the Landlord has leased a portion of said Real Property. degree, if any, to which Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased PremisesPremises is impaired. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces If any interruption of such supply persists for Tenantmore than ten (10) days out of any thirty (30) consecutive day period, then (a) Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up terminate this Lease upon written notice to Landlord and (b) if same is due to the number negligence or intentional conduct of parking spaces Landlord, then it shall be deemed a breach of this Lease and shall entitle Tenant to pursue any and all remedies herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesprovided.

Appears in 1 contract

Samples: Lease Agreement (Mawson Infrastructure Group Inc.)

Leased Premises. Landlord, in consideration of the rents to be paid by Tenant Leased Premises The Landlord does demise and the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to the Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail premises (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have ) located in a building (the right to “Building”) having a municipal address of 0000 X. Xxxxxxxxx Road, Suite 300 East in the use Village of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas Schaumburg and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on known as Schaumburg Corporate Center (the Leased Premises, the Building, together with the lands described in Schedule “A” attached hereto and present and future improvements, additions and changes thereto being herein called the “Property”). In The Leased Premises are located on third Floor East and third Floor South and the event Landlord designates Tenant’s parking spaces by signage approximate location is outlined in heavy black and cross hatched on the plan or otherwiseplans marked Schedule(s) “B1” attached hereto. The parties agree that the Rentable Area of the Leased Premises is 45,407 square feet. Notwithstanding the foregoing, Tenant shall use be entitled to cause the parking spaces so designatedLeased Premises 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 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 Leased Premises shall be ratably modified. If Landlord disagrees with Tenant’s re-measurement, Landlord’s and Tenant’s architects shall together select a third architect at their joint expense who shall determine the 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, Landlord will use commercially reasonable efforts to accommodate Tenant’s future expansion needs on all space that is contiguous with the Leased Premises. The immediately preceding sentence only obligates Landlord to act in a commercially reasonable manner and in good faith in dealing with Tenant at such time as Tenant may subsequently request additional space from Landlord, and it does not designate specific parking spaces for Tenantobligate Landlord to any particular terms and conditions regarding such expansion needs or to apprise Tenant of the status of contiguous space, then unless Tenant requests information regarding the status of contiguous space, in which case Landlord shall have the right make commercially reasonable and good faith efforts to use any parking spaces not designated as reserved for any other respond to such request. Landlord represents to Tenant up that to the number best of parking spaces herein allotted Landlord’s knowledge, with respect to fourth Floor East and third Floor South of the TenantBuilding, all rights of current tenants to expand, other option rights and rights of first refusal or first offer, as of the date hereof, are accurately and fully set forth in Schedule “M-2”. Tenant Notwithstanding the foregoing, Landlord shall not use parking spaces be liable to Tenant in excess the event that Landlord inadvertently fails to include on Schedule “M-2” all of those specifically allotted the rights described in the preceding sentence provided that Landlord made good faith and diligent efforts to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesidentify all of such rights on Schedule “M-2”.

Appears in 1 contract

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

Leased Premises. Landlord1.1 The leased premises shall consist of 42,000 rentable square feet of * * * space, in consideration located on the first floor of the rents to be paid by Tenant Building and 20,000 rentable square feet of space on the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion second floor of the real property and improvements located in Building, along with a minimum of 10,000 rentable square feet of basement space (collectively, the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”"Initial Premises"), as specifically set forth together with an additional 20,000 rentable square feet of space on the Floor Plan dated August 30first floor of the Building (the “Additional Premises”, 2002 attached hereto and incorporated herein as Exhibit Atogether with the “Initial Premises”, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”), identified and shown on the floor plans attached hereto as Exhibit B. The Leased Premises is measured from outside of exterior walls to outside of exterior walls or centerline of demising walls, if any, and shall include all fixtures and equipment that currently exist or are to be installed in and attached to the Leased Premises by the Landlord or the Tenant for the use of the Tenant. Tenant shall also have the exclusive use to all parking spaces on the Property, as shown on the attached Exhibit A, exclusive use to all areas of the Property on which equipment servicing the Leased Premises are currently or hereafter located, and the nonexclusive to use all of the other common areas within the Property. Landlord reserves the right to lease to another entity the remaining 50% of the basement provided that Landlord, at its sole cost and expense, provides a separate, secure access to the Tenant’s portion of the basement and a dividing wall between the Leased Premises and remainder of the basement. If Tenant at any time during the Term occupies sixty-seven (67%) percent of the basement, it shall be required to pay rent for the entire basement. Tenant shall also have the right to use all common areas (“Common Areas”) defined as those areas and facilities of the Office Park which are available for the use of all common areas on tenants within the Real Property consistent with buildings in the purpose for such common Office Park, including parking areas, providedpedestrian walkways, however, sidewalks and landscaped areas within the Office Park. Tenant may use all Common Areas only for their intended purposes. Landlord shall not interfere with the peaceful enjoyment have exclusive control of the use of said common areas all Common Areas at all times and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited may make such changes to the number specifically allotted Common Areas as Landlord deems appropriate, provided that Landlord shall provide advance notice to the Tenant by of any planned changes and shall use commercially reasonable efforts to minimize disruption of Tenant’s access to and use and occupancy of the Landlord. The Landlord hereby allots Leased Premises and any material changes to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Property shall not be made without Tenant’s parking spaces by signage or otherwiseprior, Tenant shall use written consent. Pursuant to 17 CFR 230.406, confidential information has been omitted in places marked “* * *” and has been filed separately with the parking spaces so designated. In Securities and Exchange Commission pursuant to a Confidential Treatment Request with the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesCommission.

Appears in 1 contract

Samples: Lease Agreement (Rocket Pharmaceuticals, Inc.)

Leased Premises. Landlord hereby demises and leases to Tenant and Tenant hereby leases from Landlord, in consideration of on the rents to be paid by Tenant terms and the covenants and agreements hereinafter conditions herein set forth to be performed by Tenantforth, does hereby agree to lease to Tenant that portion of the real property Building consisting of: approximately 3,584 rentable sq. ft., designated as SUITES 8 and improvements located in 9 on the City of Wixombuilding plans maintained by the Landlord. The leased space is sometimes referred to herein as the "Premises", County of Oaklandand its location is shown on the attached Exhibit "A". The Premises are leased with bare, State of Michiganexterior walls insulated but not covered with drywall, commonly known as 50120 Pontiac Trail (“Real Property”)and with plumbing and electrical lines and HVAC service brought to the Premises, as specifically set forth on 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 Floor Plan dated August 30responsibility of Tenant to construct and install. The building and the leased premises, 2002 attached hereto when completed, will be in compliance with all applicable building, safety and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet fire codes and all other items of real or personal property located within with the Americans with Disabilities Act. It is understood the drive thru window and canopy construction will be at the tenant's expense. It is understood the approximate cost for said area (all such property hereinafter referred construction will be between $15,000-$18,000. It is further understood appropriate documentation will be provided to as substantiate the “Leased Premises”)final cost. Tenant shall also have the right All interior finish improvements to the use Premises shall be obtained from a competent construction contractor of all common areas on the Real Property consistent with the purpose for such common areasTenant's choice, provided, however, that Landlord shall approve the Tenant shall not interfere with the peaceful enjoyment selection of the use of said common areas Tenant's contractor (and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited its subcontractors) prior to the number specifically allotted to commencement of any work at the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted be responsible for completing these interior finishes and improvements to the Premises in accordance with the written architectural and construction agreements approved by Landlord, whose approval shall not be unreasonably withheld or delayed. Tenant by shall pay any and all costs necessary to complete these interior finishes and improvements. Prior to the Landlord hereincommencement of any improvements to finish the interior of the Premises, nor Tenant and any contractor working in or on the Premises shall execute a Stipulation Against Liens to be recorded in the Tenant obstruct or interfere with any common areas within Office of the improvement or common area sidewalks and common area ingress and egress routesClerk of Courts, Lehigh County, Pennsylvania, at Tenant's expense.

Appears in 1 contract

Samples: Lease Agreement (Embassy Bancorp, Inc.)

Leased Premises. Landlord, in In consideration of for the rents rent to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does Landlord hereby agree leases to lease to Tenant, and Tenant that portion of leases from Landlord, for the real property Rental Term, and improvements upon the terms and conditions herein set forth, the Leased Premises described in Section 1.01(1), located in the City Building referred to in Section 1.01(H). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of Wixomthe perimeter walls of the Building to the center of the interior walls. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof, County together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which do not materially and adversely interfere with Tenant’s use thereof and serving other parts of Oaklandthe Building or buildings, State are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of Michigan, commonly known the Building and reserved areas and elements as 50120 Pontiac Trail (“Real Property”), as specifically set forth above; and (b) the right to install or maintain meters on the Floor Plan dated August 30Leased Premises to monitor use of utilities. In exercising such rights, 2002 attached hereto Landlord shall give Tenant forty-eight (48) hours prior notice (except in the case of an emergency) and incorporated herein shall use reasonable efforts so as Exhibit Ato not commit waste upon the Leased Premises and as far as practicable shall not materially and adversely interfere with Tenant’s use of the Leased Premises and shall minimize annoyance, consisting interference or damage to Tenant and the Leased Premises when making modifications, additions or repairs. Landlord shall not be responsible for any damages incurred by Tenant and/or to Tenant’s property occur during the required forty-eight (48) hour notice period. Subject to the provisions of approximately 27,072 square feet Article VIII, Tenant and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also 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 other facilities designated for common use of all common areas on within the Real Property consistent Building, except that with the purpose for such common respect to non-exclusive areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routespurpose.

Appears in 1 contract

Samples: Lease (Sera Prognostics, Inc.)

Leased Premises. LandlordLandlord hereby leases to Tenant 46,128 rentable square feet (approximately) in 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 rents parties as to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as final Exhibit A, consisting of approximately 27,072 square feet depicting the as constructed Building and all other items of real or personal property located within the said area associated common areas (all such property hereinafter referred to as the “Leased Premises”). The net rentable area of the Leased Premises shall be confirmed by Landlord and Tenant by written agreement when the 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 have include the Tenant’s right to the exclusive (with Landlord, as set out below) use of all common areas the rooftop within the perimeter of the Leased Premises as designated on the Real Property 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 hereby approved by Landlord and consistent with the purpose for such common areaspermits issued by the City of Portland, providedincluding “Green Roof” limitations, Provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. that notwithstanding Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The reserved rights, Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use an approximately twelve feet-by-twelve feet (12’ x 12’) area on the Rooftop Premises, as designated on said plans, for Landlord’s future service equipment, the exact location of which area is depicted on the Working Drawings, but under no circumstances shall Landlord interfere with Tenant’s reserved use described above. Landlord shall, upon Tenant’s reasonable request, make additional rooftop space available for Tenant’s additional equipment at other locations within the Project site. The Leased Premises shall also include the exclusive use of the loading dock in the lower level of the Parking Facility (as defined below) (the “Loading Dock”). The Rooftop Premises and 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 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 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 security purposes and regulatory approvals related to the handling of controlled substances. The Unit 3 owner shall have access to the lower level for loading and unloading purposes only, and shall not permit access by any parking spaces not designated as reserved 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 up 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 number terms of parking spaces herein allotted the License Agreement, the parties affirm that as of the Commencement Dates (as defined below), this Lease will supersede and replace the License Agreement, and the premises that are the 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 initially drafted by Landlord (all such condominium documents are together hereinafter referred to as the “Declaration”) is required prior to any such document’s finalization, recording or presentation to any other party as final. The following are among the conditions to Tenant. ’s approval of the Declaration, and Landlord shall in good faith cooperate with Tenant shall not use parking spaces in excess of those specifically allotted to assure that the Tenant by the Landlord herein, nor shall the Tenant obstruct Declaration includes such items or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routes.meets such conditions:

Appears in 1 contract

Samples: Lease Agreement (HS Spinco, Inc.)

Leased Premises. LandlordLandlord has heretofore obtained a long-term ground lease covering that certain tract of real property situated in the University of Utah Research Park ("University Research Park") in 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 rents rent to be paid by Tenant and the an d covenants and agreements hereinafter set forth to be performed by Tenant, does Landlord hereby agree to lease leases to Tenant that portion of , and Tenant leases from Landlord for the real property Rental Term and improvements upon the terms and conditions herein set forth, the Leased Premises described in Section 1.01 (I), located in the City Building. Gross rentable area measurements herein specified are from the exterior of Wixomthe perimeter wall s of the Building to the center of the interior wall s. The exterior wall s and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof together with the right to install, County maintain, use, repair, and replacepipes, ducts, conduits, and wires leading through the Leased Premises in locations which do not materially and adversely interfere with Tenant 's use thereof and serving other parts of Oaklandthe Building or buildings, State are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of Michigan, commonly known the Building and reserved areas and elements as 50120 Pontiac Trail (“Real Property”), as specifically set forth above; and (b) the right to install or maintain meters on the Floor Plan dated August 30Leased Premises to monitor use of utilities. In exercising such rights, 2002 attached hereto Landlord shall use reasonable efforts so as to not commit waste up on the Leased Premises and incorporated herein as Exhibit Afar as practicable shall not materially and adversely interfere with Tenant's use of the Leased Premises and shall minimize annoyance, consisting interference or damage to Tenant and the Leased Premises w hen making modifications, additions or repairs. Subject to the provisions of approximately 27,072 square feet Article VIII, Tenant and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also 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 other facilities designated for common use of all common areas on within the Real Property consistent Building, except that with the purpose for such common respect to non-exclusive areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking spaces so designated. In the event that Landlord does not designate specific in "visitor" or other restricted parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesareas.

Appears in 1 contract

Samples: Lease (Predictive Technology Group, Inc.)

Leased Premises. LandlordSubject to and upon the terms, provisions, covenants and conditions hereinafter stated, and each in consideration of the rents duties, covenant, and obligations of the other hereunder, LANDLORD does hereby lease, demise and let to TENANT; and TENANT does hereby lease, demise and let from LANDLORD those Leased Premises as reflected on the floor and site plans attached hereto as Exhibit "A" and made a part hereof. The size of the Leased Premises and of the Building as set forth in the Definitions are hereby stipulated and agreed to whether the same should be paid more or less as a result of variations resulting from actual construction and completion of the Leased Premises and of the Building. The TENANT acknowledges that the LANDLORD has made no representations with regard to the actual square footage. Additionally, by Tenant its acceptance of possession of the Premises, and the commencement of rent payments by TENANT, TENANT hereby confirms that it has had a full and adequate opportunity to inspect, examine and measure the Leased Premises and the Building. As a result, TENANT hereby irrevocably stipulates to the square footage of the Leased Premises set forth in paragraph (a) of the Definitions herein. TENANT also stipulates to the square 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 modification either during or after the Term hereof, or any extensions or renewals of this Lease, notwithstanding any subsequently discovered discrepancy, regardless of kind or amount, between the actual square footage and the square footage calculations set forth in paragraphs (a) and (e) of the Definitions. By occupying the Premises, TENANT shall be conclusively deemed to have accepted the same as complying fully with LANDLORD'S covenants and agreements hereinafter set forth obligations to be performed by Tenantdeliver the Premises as required hereby, does hereby agree subject to lease to Tenant that portion of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other LANDLORD punch list items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have the right to the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces which shall be limited completed within a reasonable period subject to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number availability of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks materials and common area ingress and egress routeslabor.

Appears in 1 contract

Samples: Lease (Take to Auction Com Inc)

Leased Premises. (a) Landlord, in consideration of the rents rent to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does hereby agree lease and demise to lease Tenant, and Tenant hereby rents and hires from Landlord for the term herein set forth, the Leased Premises which area is 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 Tenant that portion time hereafter designate (hereinafter "Retail Development"). 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 Retail Development. It is agreed that, wherever the term "Shopping Center" is used herein, it shall mean the Retail Development excluding the areas occupied by Major Tenants, except as otherwise specifically stated herein. Exhibit "A", page 1, sets forth the general layout of the real property Retail Development. Landlord 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, without notice to or 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 building in which the Leased Premises are located and to build adjoining the same, to construct other buildings and improvements located of any type in the City of WixomRetail Development or the common areas, County of Oaklandor any part thereof, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have including the right to locate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the use 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 all common areas on the Real Property consistent with Retail Development, and to change the purpose for such size, location, elevation and nature of any of the stores in the Retail Development or the common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by or any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premisespart thereof. In the event Landlord designates Tenant’s parking spaces elects to enlarge the Retail Development, or any part thereof, any additional area may be included by signage Landlord in the definition of the 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 otherwisefuture 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 parking spaces so designatedcommon 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. In Furthermore, Landlord agrees that any additions, alterations or modifications to the event that Shopping Center by Landlord does shall not designate specific parking spaces adversely affect access to,or visibility of the Leased Premises and, except as otherwise provided for Tenantherein, then Tenant shall have retain substantially the right same relative position with respect to use any parking spaces not designated Major Tenants of the Shopping Center as reserved for any other Tenant up to of the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesCommencement Date.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Leased Premises. Landlord, in In consideration of for the rents rent to be paid by Tenant and the covenants and agreements hereinafter set forth to be performed by Tenant, does Landlord hereby agree leases to lease to Tenant, and Tenant that portion of leases from Landlord for the real property Rental Term and improvements located upon the terms and conditions herein set forth, the premises described in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail Section 1.01(I) (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”), located in an office building development referred to in Section 1.01(H) (hereinafter referred to as the “Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. The exterior walls and roof of the Leased Premises and the areas beneath said Leased Premises are not demised hereunder and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which will not materially interfere with Tenant’s use thereof and serving other parts of the building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the 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 will use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant shall also when making modifications, additions or repairs. Subject to the provisions of Article VIII and Section 27.11, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use of all common areas on within the Real Property consistent Building, except that with the purpose for such common respect to non-exclusive areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall be entitled to the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use covered parking spaces in excess accordance with the provisions of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routesSection 1.01(S).

Appears in 1 contract

Samples: Lease (Lifevantage Corp)

Leased Premises. 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 rents Facility and the Property (collectively, the "Common Areas"), and the non-exclusive right of access to and 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 Encroachment Area, multiplied 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"). If Tenant uses or occupies such Encroachment Area for a fractional month, then the Encroachment Area Charge for such period shall be paid 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 use or occupancy of the Encroachment Area by Tenant and the covenants and agreements hereinafter set forth to or a waiver (or be performed deemed as waiver) by Tenant, does hereby agree to lease to Tenant that portion Landlord of the real property and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet any and all other items rights and remedies of real Landlord under this Lease (including Tenant's obligation to indemnify, defend and hold Landlord harmless as set forth in the last paragraph of this Section 2.1), at law or personal property located within in equity. In addition to the said area (all such property hereinafter referred to as the “Leased Premises”). foregoing amount, Tenant shall also have the right pay to the use of all common areas on the Real Property consistent with the purpose for such common areasLandlord, providedas additional rent, however, the Tenant shall not interfere with the peaceful enjoyment an amount equaling Two Hundred Dollars ($200.00) upon delivery of the use of said common areas and initial Notice to Vacate plus the balance actual cost associated with a survey of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited to the number specifically allotted to the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased PremisesEncroachment Area. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, determines during subsequent inspection(s) that Tenant shall use has failed to vacate the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for TenantEncroachment Area, then Tenant shall have 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 use impose the foregoing charges shall be in addition to and not in lieu of any parking spaces not designated as reserved for any and all other Tenant up 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 number actual cost associated with a survey of parking spaces herein allotted 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 not use parking spaces additionally indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in excess so surrendering the Encroachment Area including, without limitation, any 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 due to lost opportunities to lease any portion of those the 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 allotted to confirms the Tenant by accuracy of the statements made in this Section 2.1 and the reasonableness of the amount of the charges described in this Section 2.1. Initials: Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routes.Tenant

Appears in 1 contract

Samples: Lease

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in consideration of Exhibit A hereto. Tenant shall be entitled to the rents following as appurtenances to be paid 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 to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Exhibit A and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and the covenants (ii) on a non-exclusive basis (in common with Landlord and agreements hereinafter set forth to be performed by Tenant, does hereby agree to lease to Tenant that portion other tenants or occupants of the real property Property, and improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”their respective employees and invitees), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have the right to the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) 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 other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited non-exclusive easements and/or licenses in, about or appurtenant to the number specifically allotted to Property, including the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the non-exclusive right to use any parking spaces not designated as reserved for any other Tenant up walkways, tunnels, and skywalks connected to the number of parking spaces herein allotted Property; and (c) all other rights and benefits provided to Tenant with respect to the TenantProperty pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof). Tenant shall not use parking spaces in excess of those specifically allotted to the Tenant by the Landlord herein, nor shall the Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and common area ingress and egress routes.BBD-1 Separate Lease Form

Appears in 1 contract

Samples: Master Lease Agreement (Gramercy Capital Corp)

Leased Premises. Landlord hereby demises and leases to Tenant and Tenant hereby leases from Landlord, in consideration of on the rents to be paid by Tenant terms and the covenants and agreements hereinafter conditions herein set forth to be performed by Tenantforth, does hereby agree to lease to Tenant that portion of the real property Building consisting of: approximately 3,584 rentable sq. ft., designated as SUITES 8 and improvements located in 9 on the City of Wixombuilding plans maintained by the Landlord. The leased space is sometimes referred to herein as the "Premises", County of Oaklandand its location is shown on the attached Exhibit "A". The Premises are leased with bare, State of Michiganexterior walls insulated but not covered with drywall, commonly known as 50120 Pontiac Trail (“Real Property”)and with plumbing and electrical lines and HVAC service brought to the Premises, as specifically set forth on 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 Floor Plan dated August 30responsibility of Tenant to construct and install. The building and the leased premises, 2002 attached hereto when completed, will be in compliance with all applicable building, safety and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet fire codes and all other items of real or personal property located within with the Americans with Disabilities Act. It is understood the drive thru window and canopy construction will be at the tenant's expense. It is understood the approximate cost for said area (all such property hereinafter referred construction will be between $15,000-$! 8,000. It is further understood appropriate documentation will be provided to as substantiate the “Leased Premises”)final cost. Tenant shall also have the right All interior finish improvements to the use Premises shall be obtained from a competent construction contractor of all common areas on the Real Property consistent with the purpose for such common areasTenant's choice, provided, however, that Landlord shall approve the Tenant shall not interfere with the peaceful enjoyment selection of the use of said common areas Tenant's contractor (and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant’s use of parking spaces shall be limited its subcontractors) prior to the number specifically allotted to commencement of any work at the Tenant by the Landlord. The Landlord hereby allots to the Tenant 60 parking spaces on the Leased Premises. In the event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall use the parking spaces so designated. In the event that Landlord does not designate specific parking spaces for Tenant, then Tenant shall have the right to use any parking spaces not designated as reserved for any other Tenant up to the number of parking spaces herein allotted to the Tenant. Tenant shall not use parking spaces in excess of those specifically allotted be responsible for completing these interior finishes and improvements to the Premises in accordance with the written architectural and construction agreements approved by Landlord, whose approval shall not be unreasonably withheld or delayed. Tenant by shall pay any and all costs necessary to complete these interior finishes and improvements. Prior to the Landlord hereincommencement of any improvements to finish the interior of the Premises, nor Tenant and any contractor working in or on the Premises shall execute a Stipulation Against Liens to be recorded in the Tenant obstruct or interfere with any common areas within Office of the improvement or common area sidewalks and common area ingress and egress routesClerk of Courts, Lehigh County, Pennsylvania, at Tenant's expense.

Appears in 1 contract

Samples: Lease Agreement (Embassy Bancorp, Inc.)

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