Common use of Leased Premises Clause in Contracts

Leased Premises. a. In consideration of the payment of the rent and the performance of the promises by the Tenant, the Landlord does hereby lease to the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Leased Premise”), together with the buildings and other improvements now or hereafter located thereon (“Improvements”). Please refer to Exhibit A for an approximate floor plan of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties in possession thereof and the existing state of the title thereof as of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the Improvements, their condition as of the commencement of the term of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of the Leased Premises prior to the execution and delivery of this Lease and has found the same to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as is.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Advanced Cannabis Solutions, Inc.)

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Leased Premises. a. (a) In consideration of the payment of the rent payments to Landlord and the performance of the promises by the other terms herein, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on the Landlord does hereby lease Bridge owned by Landlord, comprising of designated space upon the City’s Bridge as authorized by individual permits issued under this Lease as depicted on the attached Exhibit 1 (hereinafter referred to as the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (Leased PremisePremises”), together with non-exclusive right of access to the buildings and other improvements now or hereafter located thereon Premises (“ImprovementsAccess Areas). Please refer to ) as reflected on Exhibit A for an approximate floor plan of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder1 or as otherwise reasonably made available by Landlord, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to (a) the rights terms and conditions set forth herein. Installation of any parties of Tenant’s Equipment and Facilities, defined below in possession thereof Section 3(a), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and the existing state install its Equipment and Facilities as described in Subsection (c) of the title thereof as of the commencement of this Section 1. (b) During the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might showTenant and its agents, (c) all zoning regulationsengineers, restrictions, rulessurveyors, and ordinancesother representatives upon prior reasonable notice to and consent of Landlord shall have the right to enter upon the Premises to inspect, building restrictions examine, and to apply for and obtain all licenses and permits required for Tenant’s use of the Premises from all applicable governmental or regulatory entities. Any damage caused by Tenant arising from or in any way caused by Tenant’s use including installation of Equipment and Facilities shall be the sole responsibility of Tenant. As damage to one part of the Premises can impact the entire Bridge and such repairs may be subject to OSHA compliance, payment of prevailing wage, and other laws and regulations now applicable requirements for work on public property, nothing in effect this Lease prevents Landlord from promptly making any repairs or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect taking other actions related to the ImprovementsBridge, their condition as of the commencement of the term of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of the Leased Premises prior to the execution and delivery of this Lease and has found causing the same to be satisfactory for all purposes hereofdone, and billing Tenant accepts for the title costs of such repairs and condition Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for same. (c) A revocable installation permit (a “Permit”) shall be required for each and every installation of Tenant’s Equipment and Facilities so that Landlord can review the proposed space of each such installation for compliance with this Lease, including compliance with Exhibit 2 and City Codes, compatibility with the Bridge, and authorization rights. Prior to installation of Tenant’s Equipment and Facilities, Tenant shall apply for a Permit, on an application form provided by Landlord, and pay all applicable fees. The cost of such Permits shall be established by the Landlord in accordance with Section 510.070 of the Leased Premises in their respectiveCity’s Code, present condition “as is.” c. Landlord makes no representation may be hereinafter amended or warranty with respect recodified. A Permit application shall describe the space on the Bridge that Tenant proposes to attach to (including, specifically, the exact dimensions of the portions the Bridge proposed to be utilized), the method of attachment to the condition Bridge, the Equipment and Facilities proposed to be attached to the Bridge (with exact dimensions), and any other information that the Landlord determines is applicable within the Permit application documents. All permit requests shall be accompanied by a structural engineering analysis indicating that the work proposed in the Permit shall not effect the structural integrity of the Leased Premises Bridge, including any piers, joists, deck, or its fitness any other structural element of the Bridge. A Permit request shall be reviewed by the Landlord and may be denied at Landlord’s sole discretion. A Permit granted shall be limited to the specific location upon the Bridge and Facilities and Equipment proposed by Tenant within the specific application. If Tenant shall need additional Equipment and Facilities upon the Bridge or availability for any particular useadditional space on the Bridge not specifically authorized in an issued Permit, Tenant shall submit for, and acquire, additional Permits prior to utilizing any additional space on the Bridge or installing additional Equipment or Facilities. Tenant shall have six (6) months from the issuance of a Permit to complete any installation work approved. Failure to complete such work within said timeframe shall result in that specific Permit being null and void. Upon completion of the work authorized in a Permit, Tenant shall promptly provide to the Landlord shall not be liable for any latent or patent defect thereinas-built schematics of the Equipment and Facilities installed.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Leased Premises. a. A. The Board does, by these presents, hereby non-exclusively lease and demise to the Company, and the Company does, by these presents, hereby take from the Board, for and during the Term and upon and subject to the terms and provisions and conditions of this Agreement the Airline Gate Areas, the Operations Area, and the Ticket Counters. If the Company has more than two (2) ticket positions per Airline Gate Area, the Board reserves the right during the Term of this Agreement to remove one or more of such additional ticket positions from the Company’s Leased Premises by serving written notice to the Company which removal shall be effective thirty (30) days after delivery of written notice to Company. B. The Airline Gate Areas, Ticket Counters, and Operations Area shall hereinafter be referred to as Company’s “Leased Premises”. The Leased Premises is being furnished in a “where- is” and “as-is” condition. C. In consideration connection with the Company’s lease and use of the payment Airline Gate Areas, Ticket Counters, and Operations Area, the Company shall have the non-exclusive right to use the Shared Equipment and Airline Shared Space in common with other tenants at the Airport as may be assigned by the Board and subject to the provisions of this Agreement. The Board reserves the right, from time to time, to substitute, add, remove and/or reassign portions of the rent Shared Equipment and Airline Shared Space to Company or other tenants at the performance Airport as may be determined appropriate by the Chief Executive Officer of the promises Board; provided the disruption to Company’s operations shall be minimized to the extent reasonably possible and such substitution, additional, removal, and/or reassignment will result in providing Company with equivalent service all as reasonably determined by the TenantChief Executive Officer. In making such substitutions, additions, removals, and/or reassignments, the Landlord does hereby lease Board shall provide thirty (30) days advance written notice to the Tenant Company, except in the certain real property consisting case of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Leased Premise”), together with an emergency or exigent circumstances and in such cases notice shall be given as soon as practicable. The Board specifically reserves the buildings and other improvements now or hereafter located thereon (“Improvements”). Please refer right to Exhibit A for an approximate floor plan remove the automated ground transportation system as part of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunderShared Equipment without a replacement for such system, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties in possession thereof and the existing state of the title thereof as of the commencement of provided that during the term of this LeaseAgreement for so long as the existing underground tunnel that connects Terminal 3 to Concourse A is the primary means for passenger ingress and egress to Concourse A, (b) any state the Board agrees to maintain a pedestrian moving sidewalk within the underground tunnel to aid in passenger movement. The Company’s use of facts which an accurate survey or physical inspection thereof might showthe Shared Equipment, (c) all zoning regulationsAirline Shared Space, restrictionsAirline Gate Areas, rulesTicket Counters, Operations Area and other facilities, operations, and ordinancesequipment at the Airport shall be subject to such procedures, building restrictions and other laws and regulations now limitations, requirements, protocols, and/or operational guidelines as may be set forth in effect or hereafter adopted by any governmental authority having jurisdictionthe Board’s Operational Manual, and as the same may be amended, from time to time, in the reasonable discretion of the Chief Executive Officer during the term hereof (d) with respect the “Operational Manual”). The Operational Manual shall be in writing. Any changes to the Improvements, their condition Operational Manual shall be furnished by the Board to the Company and such changes shall be effective as of the commencement effective date specified by the Board. The Board shall furnish changes to the Operational Manual thirty (30) days in advance of the term effective date of this Leasesuch changes, without representation except in the case of an emergency or warranty by Landlordexigent circumstances and in such cases notice shall be given as soon as practicable and effective when delivered to the Company. Tenant represents Changes to Landlord the Operational Manual that Tenant has examined the title are furnished to and the physical condition local station managers or other local representatives of the Leased Premises prior Company shall be binding on the Company. Changes to the execution and delivery of this Lease and has found the same to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as is.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord Operational Manual shall not be liable inconsistent with the terms of this Agreement. The Company shall adhere to the requirements of the Operational Manual. The Company shall operate the Board’s equipment associated with an Airline Gate Area and Ticket Counters within normal operating capacity, consistent with manufacturer recommendations, and without abuse. To the extent the Operational Manual permits employees of the Company to operate the Shared Equipment, the Company shall insure that only properly trained and supervised employees use the Shared Equipment, within normal operating capacity, consistent with manufacturer recommendations and without abuse. The Company’s use of the Shared Equipment is “where-is” and “as-is” with all faults, subject to the maintenance obligations specified in Section IX . D. In connection with the Company’s lease and use of an Airline Gate Area, the Company shall have the right to use the hydrant fuel line at the Airline Gate Area, subject to entering into such agreements as Delta may reasonably require. Upon entering into such agreements as Delta may reasonably require, the hydrant fuel line at an Airline Gate Area shall form part of the Airline Gate Area for any latent or patent defect thereinpurposes of this Agreement.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Leased Premises. a. In consideration (a) Pursuant to the terms and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the payment Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the rent Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the performance Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the promises by the TenantServient Property (e.g., the Landlord does hereby lease Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Leased Premise”)Servient Property, together with the buildings right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other improvements now utility fixtures and appurtenances which are located on or hereafter located thereon within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (“Improvements”B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Please refer to Exhibit A for an approximate floor plan Should the Flooring of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of [INSERT PAGE NUMBER] b. the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The Improvements leased hereunderencroaching Series 2009 Project shall remain undisturbed for as long as same exist and, together with all Landlord’s rightfor so long as such encroachment exists, titlethat portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to (a) repair the Series 2009 Project. The Premises Rights further include cross rights of any parties support and use over, upon, across, under, through and into Common Structural Elements in possession thereof and the existing state favor of the title thereof as Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all zoning regulationssuch right, restrictions, rules, title and ordinances, building interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and other laws the Servient Property. The Board represents and regulations now in warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or hereafter adopted by any governmental authority having jurisdiction, and the enjoyment of the leasehold estate therein created under this Ground Lease. (d) with respect to To the Improvements, their condition as extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the commencement Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the term of this Lease, without representation or warranty Series 2009 Project) is completed and then occupied by Landlord. Tenant represents to Landlord that Tenant has examined the title to and Board under the physical condition of the Leased Premises prior to the execution and delivery of this Lease and has found the same to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as isAgreement.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 2 contracts

Samples: Ground Lease Agreement, Ground Lease Agreement

Leased Premises. a. In consideration With respect to the Master Lease of the payment of the rent Premises between Licensor and the performance Master Lessor, a copy of which has been provided to Licensee and the promises by the Tenant2550 Stanwell Master Lease, the Landlord does hereby lease to the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Leased Premise”), together with the buildings and other improvements now or hereafter located thereon (“Improvements”). Please refer to Exhibit A for an approximate floor plan of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to following additional provisions shall apply: (a) if the rights of Master Lease terminates for any parties in possession thereof and the existing state of the title thereof as of the commencement of the term of reason, this Lease, License shall terminate concurrently therewith; (b) any state of facts which an accurate survey or physical inspection thereof might show, Licensee shall also have the non-exclusive right to use the common areas outside the Premises that Licensor has the right to use under the Master Lease; (c) all zoning regulationsLicensee shall not do or permit anything to be done in, restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect about or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the ImprovementsPremises which would violate the Master Lease or the 2550 Stanwell Master Lease or the Sublease, their condition as and shall comply with all restrictions set forth in either such master lease and the and all rules and regulations promulgated from time to time by either such master lessor; (d) Licensee shall obtain the prior written consent of Licensor and Master Lessor with respect to any act which, if performed by Licensor, would require Master Lessor’s approval under the commencement of the term of this Master Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition consent of Licensor may be withheld if Master Lessor’s consent is not obtained; (e) each provision under the Leased Premises prior Master Lease in which Licensor is required to (i) indemnify, release or waive claims against Master Lessor and (ii) execute and deliver documents or notices to Master Lessor, shall be binding on Licensee as to the execution Licensed Premises as if incorporated fully herein and delivery shall run from Licensee to both Master Lessor and Licensor; (f) this License shall be at all times subject and subordinate to the Master Lease; and (g) in the event that Master Lessor objects to the occupancy of Licensee hereunder or declares or threatens to declare Licensor in default under the Master Lease due to the occupancy of Licensee hereunder, Licensee shall vacate the Licensed Premises immediately upon notice from Licensor, this Lease and has found the same to License shall be satisfactory for all purposes hereofdeemed terminated immediately, and Tenant accepts neither party shall have any liability to the title and condition of the Leased Premises in their respective, present condition “as is.” c. Landlord makes no representation or warranty other with respect to the condition of the Leased Licensed Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect thereinthe early termination.

Appears in 1 contract

Samples: Asset Transfer and License Agreement (Cerus Corp)

Leased Premises. a. In consideration That portion of the payment 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 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 rent Building, other than and the performance of the promises by the Tenant, the Landlord does hereby lease in addition to the Tenant the certain real property consisting of approximately 5,000 1,159 square feet of space located at 000 Xxxxxxxxxx Xxxxof the Building, Xxxxxx Xxxxnecessary for the installation, XX 00000 construction, connection, use and maintenance by Tenant and its officers, employees, and agents (“Leased Premise”)including without limitation a local telephone company) of Tenant's Equipment (as hereinafter defined) and such additional telephone cables, together with the buildings conduits and other improvements now or hereafter located thereon (“Improvements”)facilities and/or equipment as Tenant may reasonably determine to be appropriate for the operation of Tenant's business at and from the Premises between and among Landlord, Tenant, and other tenants of Building. Please refer Any damage done to Exhibit A for an approximate floor plan of the building, including but not limited to the lease area ______________ ________________ Landlord Tenant Lease Agreement p. space, by any contractor working for the tenant shall be fully repaired at LESSEE'S sole expense. The location and configuration of [INSERT PAGE NUMBER] b. The Improvements leased hereunderTenant's Equipment in the Utilities Installation Space shall be designated by Tenant, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to 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 Tenant's business, including without limitation, (a) all cable, telephone switching equipment, environmental control equipment, power equipment, and auxiliary equipment within the rights of any parties in possession thereof Premises, including the Utility Installation Space; and the existing state of the title thereof as of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rules, cables within conduits throughout the entire Premises. Tenant shall procure and ordinances, building restrictions install all such Tenant's Equipment at its sole cost and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the Improvements, their condition as expense without obtaining consent of the commencement Landlord therefor. Landlord hereby acknowledges that all of Tenant's Equipment shall, notwithstanding the incorporation of any of the term same into the Premises, at all times remain the property of the Tenant. Tenant hereby acknowledges that Landlord is not liable in any way for the installation and/or operation and/or maintenance of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of the Leased Premises prior to the execution and delivery of this Lease and has found the same to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as isequipment.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 1 contract

Samples: Office Lease (Access Integrated Technologies Inc)

Leased Premises. a. In consideration Lessor hereby leases to Lessee, and Lessee agrees to take and lease from Lessor the Premises, including all additions and any improvements existing thereon, or to be made thereon, for purposes set forth herein, and the Lessee agrees to take the Premises for its use, subject to the terms and conditions set forth herein and to occupy and equip thereon at its own expense an aircraft storage hangar of approximately XXXX square feet as described in Exhibit “A”. However, it is specifically agreed by the Lessee, that in the event, as determined in the sole and absolute discretion of the payment Authority it becomes necessary for airport purposes, the Authority may, upon one hundred twenty (120) days advance written notice from the Authority to the Lessee, relocate, expand or reduce the Premises granted herein for permanent relocations. In cases of temporary relocations (no more than 90 calendar days) due to construction and/or maintenance activities, the Authority will endeavor to attempt to notify Lessee as much in advance as possible under the circumstances. In the event that the Authority shall elect to do so in such case as a permanent relocation, it shall use its best efforts to provide suitable replacement space, comparable in size for the use of the rent Lessee. If alternative space to be occupied by the Lessee is not available to the Lessee within one hundred and twenty (120) days after the performance notice of relocation, expansion or contraction of the promises Premises by the TenantAuthority, this Agreement will be deemed to have been canceled by the Landlord does hereby lease to the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Leased Premise”), together Authority in accordance with the buildings and other improvements now or hereafter located thereon (“Improvements”). Please refer to Exhibit A for an approximate floor plan provisions of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. first paragraph of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties in possession thereof and the existing state of the title thereof as of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the Improvements, their condition as of the commencement of the term of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of the Leased Premises prior to the execution and delivery of this Lease and has found the same to be satisfactory for all purposes Subsection 13.02 hereof, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as is.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 1 contract

Samples: Ground Lease Agreement

Leased Premises. a. In (a) The regional development is located in the City of Elizabeth, New Jersey and is commonly known as "Jersey Gardens" or by such other name as Landlord may from time to time designate. Landlord, in consideration of the payment of the rent to be paid and the performance of the promises covenants to be performed by the Tenant, the Landlord does hereby demise and lease to the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Leased Premise”), together with the buildings and other improvements now or hereafter located thereon (“Improvements”). Please refer to Exhibit A for an approximate floor plan of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, titleunto Tenant, and interestTenant hereby rents from Landlord for the term herein set forth, those certain premises (herein referred to as the "leased premises") which are described as set forth in the Data Sheet. As used in this Lease, the Addendum and/or Rider, if any, in and to all easements and other appurtenances thereto, are demised and let subject to the following terms shall have the following meanings: (ai) the rights of any parties in possession thereof term "regional development" shall refer to the Shopping Center and the existing state sites of the title thereof Major Tenants; (ii) the term "Major Tenant" shall refer to any occupant of premises containing 15,000 square feet of floor area, or more; and (iii) the term "Shopping Center" shall refer to the regional development excluding the areas occupied by Major Tenants, except as otherwise specifically stated herein. The general layout of the commencement regional development is shown on page 1 of the term attached Exhibit "A". Landlord does not warrant or represent that the regional development will be, or has been, constructed exactly as shown thereon. The approximate location of the leased premises is designated on page 2 of Exhibit "A". The legal description of the regional development is more particularly described on the attached Exhibit "B". In the event Landlord elects to enlarge or reduce the Shopping Center, any additional or reduced area may be included or excluded by Landlord in the definition of the Shopping Center for purposes of this Lease. This Lease of the leased premises is subject to all applicable budding restrictions, (b) any state of facts which an accurate survey or physical inspection thereof might showplanning and zoning ordinances, (c) all zoning governmental rules and regulations, restrictionsmunicipal liens and all other encumbrances, rulescovenants, and ordinances, building restrictions and other laws easements affecting the regional development and regulations the terms and provisions of certain declarations, underlying leases, reciprocal easement and operating agreements now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the Improvements, their condition as of the commencement of the term of this Lease, without representation or warranty entered into by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of the Leased Premises prior to the execution and delivery of this Lease and has found the same to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as is.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 1 contract

Samples: Lease Agreement (Cinema Ride Inc)

Leased Premises. a. In consideration the event that any of the payment Premises are leased, subleased or licensed by Licensor or its subsidiary pursuant to a master lease, sublease or license (“Master Lease”) of the rent Premises between Licensor or its subsidiary and the performance owner of the promises by the Tenant, the Landlord does hereby lease to the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 Premises (“Leased PremiseMaster Lessor), together with ) the buildings and other improvements now or hereafter located thereon (“Improvements”). Please refer following additional provisions shall apply as to Exhibit A for an approximate floor plan of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to such Licensed Premises: (a) if the rights of Master Lease terminates for any parties in possession thereof and the existing state of the title thereof reason, this License shall terminate concurrently therewith as of the commencement of the term of this Lease, to such Licensed Premises; (b) any state of facts which an accurate survey or physical inspection thereof might show, Licensee shall also have the non-exclusive right to use the common areas outside the applicable Premises that Licensor has the right to use under the Master Lease; (c) Licensor shall perform all zoning regulationsof its obligations under the Master Lease to the extent Licensee has not expressly agreed to perform such obligations under this License; provided, restrictionshowever, rules, and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by nothing herein shall prevent Licensor from terminating any governmental authority having jurisdiction, and Master Lease; (d) Licensor, with respect to the Improvements, their condition as obligations of Master Lessor under the commencement of the term of this Master Lease, without representation shall request Master Lessor in writing to perform such obligations as and when requested to do so by Licensee, and to use Licensor’s reasonable efforts to obtain Master Lessor’s performance; (e) Licensee shall not do or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of the Leased Premises prior to the execution and delivery of this Lease and has found the same permit anything to be satisfactory for all purposes hereofdone in, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as is.” c. Landlord makes no representation about or warranty with respect to the condition Premises which would violate the Master Lease, and shall comply with all restrictions set forth in the Master Lease and all rules and regulations promulgated from time to time by Master Lessor; (f) Licensee shall obtain the prior written consent of Licensor and Master Lessor with respect to any act which, if performed by Licensor, would require Master Lessor’s approval under the Master Lease, and the consent of Licensor may be withheld if Master Lessor’s consent is not obtained; (g) each provision under the Master Lease in which Licensor is required to (i) indemnify, release or waive claims against Master Lessor and (ii) execute and deliver documents or notices to Master Lessor, shall be binding on Licensee as to such Licensed Premises as if incorporated fully herein and shall run from Licensee to both Master Lessor and Licensor; (h) this License shall be at all times subject and subordinate to the Master Lease; and (i) in the event that Master Lessor objects to the occupancy of Licensee hereunder or declares or threatens to declare Licensor in default under the Master Lease due to the occupancy of Licensee hereunder, Licensee shall vacate the applicable Licensed Premises immediately upon notice from Licensor, this License shall be deemed terminated immediately as to such Licensed Premises. Licensee shall be solely responsible for, and shall indemnify, defend, protect and hold harmless Licensor, from all losses, costs, damages, claims and liabilities incurred by Licensor or Licensee as a result of any action taken by the relevant Master Lessor with respect to any breach by Licensor of the Leased relevant Master Lease in permitting Licensee to so occupy the relevant Licensed Premises or its fitness or availability for any particular use, and Landlord without obtaining the required consent. Licensee shall not be liable for entitled to make any latent claim or patent defect thereindemand against, or obtain reimbursement from, Licensor with respect to any costs, losses, claims, liabilities or damages incurred by Licensee as a consequence of being obliged to vacate a Licensed Premises or in obtaining alternative premises, including, without limitation, any enforcement action which a Master Lessor may take against Licensee.

Appears in 1 contract

Samples: Asset Purchase Agreement (Agilent Technologies Inc)

Leased Premises. a. A. In consideration of the all Tenant’s undertakings hereinafter set forth, including payment of rent as hereinafter specified, and contingent upon the rent and the performance satisfaction of all of the promises by the conditions set forth in Section 3 of this Lease (or waiver thereof), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Landlord does hereby lease to premises (the Tenant “Premises”) that are part of the certain real property consisting of approximately 5,000 square feet of space Building located at 000 Xxxxx Xxxxxxxxxx XxxxXxxxx in North Sioux City, Xxxxxx Xxxx, XX 00000 (“Leased Premise”), together with South Dakota in the buildings and other improvements now or hereafter located thereon (“Improvements”). Please refer to Exhibit A for an approximate suite/floor plan area designated in Section 1(a)(2) of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, titleData Sheet and as shown outlined on the leasing plan attached hereto as Exhibit A, and interest, if any, containing the approximate number of rentable square feet set forth in and to all easements and other appurtenances thereto, are demised and let subject to (a) Section 1(b). B. During the rights of any parties in possession thereof and the existing state of the title thereof as of the commencement of the term Term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might showTenant shall have the right to use, (c) all zoning regulations, restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect subject to the Improvements, their condition as of the commencement of the term terms of this Lease, without representation the Rules and Regulations referenced in Section 16 below, and all covenants, conditions and restrictions now or warranty by Landlord. Tenant represents to Landlord that Tenant has examined hereafter affecting the title to and Building, the physical condition Premises; provided, however, within five (5) days of the Leased Premises prior Execution Date, Landlord shall deliver a copy of any such covenants, conditions and restrictions of which Landlord has actual knowledge to Tenant. Further, Landlord shall promptly notify Tenant in writing of any modifications to any such covenants, conditions and restrictions of which Landlord has actual knowledge. C. During the Term of this Lease, Tenant shall have the right at no additional cost to Tenant to the execution non-exclusive use of the existing 500 KW generators upon the following terms and delivery of this Lease and has found the same conditions: (i) in no event shall Landlord be deemed to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as is.” c. Landlord makes no making any representation or and/or warranty with respect to the condition or fitness of such generator except as set forth herein; (ii) Tenant shall be responsible for its pro-rata cost of all maintenance and operation associated with the generator (as billed by Landlord within thirty (30) days following the delivery of such xxxx, as additional rent due under this Lease) as well as all costs associated with segregating circuits of the Leased existing generator, or running new feeds to appropriate distribution panels; (iii) Tenant shall use such generator in accordance with applicable laws, codes, ordinances and regulations; and (iv) Tenant shall obtain the prior written consent of Landlord to any modifications, alterations, improvements or work on such generators. D. Tenant hereby covenants and agrees that it shall have the right to exclusive use of the building equipment, fixtures and communication cabling located in the Premises which do not service other premises in the Building throughout the Lease Term at no cost or expense to Tenant. Landlord and Tenant acknowledge and agree that Landlord is providing such property to Tenant for its use in an as-is basis without representation or warranty of any kind whatsoever, including the disclaimer of any warranties of merchantability, fitness for a particular purpose or availability any other thing or nature whatsoever. Tenant shall be responsible for the cost of any particular usetransportation and reconfiguration of any such items. E. Pending completion of fit-up for the Premises, Tenant shall have the use of temporary space provided by Landlord under the same terms and conditions as this Lease. F. Subject to existing rights of other Tenants, Tenant shall have a right of first refusal to enter into a lease for the remaining approximately 63,641 square feet of space adjacent to the Premises on the second floor of the Building on the same terms and conditions contained in this Lease (the “Right of First Refusal”). In the event Landlord desires to lease such additional 63,641 square feet of space, Landlord shall, subject to existing rights of other Tenants, offer the space to Tenant by notifying the Tenant in writing (the “Right of First Refusal Notice”). If Tenant does not exercise its Right of First Refusal by notifying Landlord in writing of such exercise within five (5) days after having received the Right of First Refusal Notice, Landlord shall not be liable for free to lease the space to any latent or patent defect thereinthird party.

Appears in 1 contract

Samples: Lease (MPC Corp)

Leased Premises. a. In consideration Landlord hereby leases to Tenant those certain portions of the payment rooftop of a building (the rent and the performance of the promises by the Tenant, the Landlord does hereby lease to the Tenant the certain real property consisting of approximately 5,000 square feet of space “Building”) located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Leased Premise”)the Site Address indicated on the first page of this Agreement and containing approximately square feet, together with any and all improvements, appurtenances, rights, privileges and easements benefiting, belonging or pertaining thereto, which is more particularly described in Exhibit D, attached hereto and made a part hereof (collectively the buildings and other improvements now “Leased Premises” or hereafter located thereon (ImprovementsPremises”). Please refer In connection with the Leased Premises, Landlord also hereby grants to Exhibit A for an approximate floor plan Tenant a royalty-free, irrevocable license coterminous with the Lease Term (as defined hereinafter), inclusive of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. Removal Period (as defined hereinafter), to other portions of [INSERT PAGE NUMBER] b. The Improvements leased hereunderthe Building and the land on which the Building is located (collectively, together the “Property”) that are necessary and appropriate for (i) Tenant’s access to the Leased Premises, including ingress and egress rights to the Property; (ii) the delivery, temporary storage and staging of materials, equipment and the components of the Solar Array (as defined hereinafter); (iii) the interconnection of the Solar Array to the electrical infrastructure of the local electric utility, which may include but is not limited to access to the electrical room of the Building and the transformer on the Property; and (iv) other related and ancillary uses that from time to time may be useful or necessary in connection with all the siting, erection, construction, reconstruction, installation, replacement, relocation, removal, operation, repair and maintenance of the Solar Array on the Premises (collectively in the case of (i), (ii), (iii) and (iv), the “Licensed Area”); provided, however, that any such use or occupancy of the foregoing Licensed Areas by Tenant shall not unreasonably interfere with Landlord’s right, title, and interestor Landlord’s tenants, if any, in and to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties in possession thereof and the existing state use of the title thereof as of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the Improvements, their condition as of the commencement of the term of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of the Leased Premises prior to the execution and delivery of this Lease and has found the same to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as isProperty.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. a. In consideration of the payment of the rent rents, covenants and the performance of the promises by the Tenantobligations stipulated herein, the Landlord does hereby lease and the Tenant(s) have agreed to enter into a Tenancy Agreement (the Tenant ‘Lease Agreement’ or ‘Agreement’) for use and occupation of this residential unit for the certain real property consisting of approximately 5,000 square feet of space located Leased Premises municipally know as Apartment number ______ at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Leased Premise”), together with the buildings and other improvements now or hereafter located thereon (“Improvements”). Please refer to Exhibit A for an approximate floor plan of the lease area ______________ ____________________ in the City of _____________, Province of Ontario, consisting of _____ bedroom(s) hereinafter referred to as "the Leased Premises". If the Landlord is unable to give possession of the Rental Unit on the date the Tenant Lease Agreement p. is entitled to have possession, the Landlord shall not be subject to any liability for failure to give possession and shall give possession as soon as they are able to do so. The rent shall xxxxx until the Landlord provides possession of [INSERT PAGE NUMBER] b. the Rental Unit to the Tenant. The Improvements leased hereunder, together with all Landlord’s right, titlefailure to grant possession on the date set out above shall not in any way affect the validity of this Agreement, and interest, if any, the Tenant’s obligations or in and any way be construed to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties in possession thereof and the existing state of the title thereof as of the commencement of extend the term of this LeaseAgreement. This Tenancy Agreement shall be governed by the provisions of the Residential Tenancies Act, (bthe “RTA”) or any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rulessuccessor legislation to that Act, and ordinances, building restrictions and any other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdictiongoverning law. The Leased Premises includes the rental unit as described above, and (d) with respect in addition to the ImprovementsRental Unit the Tenant shall have the use of common areas and facilities on a shared basis only as described and subject to any restrictions in the Rules as set out herein, their condition as and the provisions of the commencement Act. The property shall be occupied by the Tenant(s) for the purposes of residential occupation only. No business other than that requiring a simple home office shall be operated out of the term of this Lease, without representation or warranty by Landlordresidential unit. Tenant represents to Landlord that Tenant has examined The existing garage on the title to and the physical condition property does not form part of the Leased Premises prior to Premises” unless otherwise set out herein. If the execution and delivery of this Lease and has found predominant use by the same to be satisfactory for all purposes hereofTenant(s) is other than as a residential tenancy, and Tenant accepts then the title and condition of Residential Tenancies Act (the Leased Premises in their respective, present condition “as is‘Act’) does not apply.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 1 contract

Samples: Tenancy Agreement

Leased Premises. a. In consideration of the payment of the rent rents, covenants and the performance of the promises by the Tenantobligations stipulated herein, the Landlord does hereby lease and the Tenant(s) have agreed to enter into a Tenancy Agreement (the Tenant ‘Lease Agreement’ or ‘Agreement’) for use and occupation of this residential unit for the certain real property consisting Leased Premises municipally know as Apartment number ______ in the City of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Leased Premise”), together with the buildings and other improvements now or hereafter located thereon (“Improvements”). Please refer to Exhibit A for an approximate floor plan of the lease area ______________ ___________, Province of Ontario, consisting of _____ bedroom(s) hereinafter referred to as "the Leased Premises". If the Landlord is unable to give possession of the Leased Premises on the date the Tenant Lease Agreement p. is entitled to have possession, the Landlord shall not be subject to any liability for failure to give possession and shall give possession as soon as they are able to do so. The rent shall xxxxx until the Landlord provides possession of [INSERT PAGE NUMBER] b. the Rental Unit to the Tenant. The Improvements leased hereunder, together with all Landlord’s right, titlefailure to grant possession on the date set out above shall not in any way affect the validity of this Agreement, and interest, if any, the Tenant’s obligations or in and any way be construed to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties in possession thereof and the existing state of the title thereof as of the commencement of extend the term of this LeaseAgreement. This Tenancy Agreement shall be governed by the provisions of the Residential Tenancies Act, (bthe “RTA”) or any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rulessuccessor legislation to that Act, and ordinances, building restrictions and any other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdictiongoverning law. The Leased Premises includes the rental unit as described above, and (d) with respect in addition to the ImprovementsRental Unit the Tenant shall have the use of common areas and facilities on a shared basis only as described and subject to any restrictions in the Rules as set out herein, their condition as and the provisions of the commencement Act. The Leased Premises shall be occupied by the Tenant(s) for the purposes of residential occupation only. No business other than that requiring a simple home office shall be operated out of the term of this Lease, without representation or warranty by Landlordresidential unit. Tenant represents to Landlord that Tenant has examined The existing garage on the title to and the physical condition property does not form part of the Leased Premises prior to Premises” unless otherwise set out herein. If the execution and delivery of this Lease and has found predominant use by the same to be satisfactory for all purposes hereofTenant(s) is other than as a residential tenancy, and Tenant accepts then the title and condition of Residential Tenancies Act (the Leased Premises in their respective, present condition “as is‘Act’) does not apply.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 1 contract

Samples: Tenancy Agreement

Leased Premises. a. In consideration of The LESSOR hereby leases to the payment of the rent LESSEE and the performance LESSEE hereby leases from the LESSOR approximately 5,133 rentable square known as Suite 306 and as defined in the Lease Schedule listed below in section 2 of the promises by the Tenantthis agreement and identified on Exhibit A, the Landlord does hereby lease to the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx XxxxXxxxxx Xxxxxx, Xxxxxx XxxxMaynard, XX 00000 MA (“Leased Premise”hereinafter referred to as 141 Xxxxxx). The LESSEE shall have as appurtenant to (and to the extent necessary for the uses permitted hereunder) the right to use 24 hours per day, together 7 days per week, for their intended purposes, in common with the buildings LESSOR and all others, including other improvements now tenants of 141 Xxxxxx and their guests and invitees, and subject to such rules and regulations as LESSOR may adopt from time to time, i) walkways, and ii) other common areas of 141 Xxxxxx (collectively hereinafter referred to as the Common Areas or hereafter located thereon (“Improvements”the Facilities). Please refer In addition to Exhibit A for an approximate floor plan of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties reserved to the LESSOR in possession thereof and the existing state of the title thereof as of the commencement of the term of this Lease, LESSOR also reserves the right from time to time, to: construct additions to the Building(s); make alterations to the Building(s); adjust the Total Rentable Area of the Building(s) and 141 Xxxxxx and LESSEE’S Proportionate Share thereof (b) as hereinafter defined); change the size, location or arrangement of Common Areas, install, use, maintain, relocate, repair and replace pipes, ducts, conduits, wires, fixtures, facilities, meters and equipment for service to or in the Leased Premises or to 141 Xxxxxx; also to relocate any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rulesother Facility, and ordinancesgrant easements or other rights in the Common Areas, building restrictions and other laws and regulations now in effect if necessary. All changes shall be reasonable, to require that the changes can not unreasonably infringe upon LESSEE’S business operation or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the Improvements, their condition as use of the commencement leased premises and shall require advance notice. The LESSEE shall not be entitled to any compensation or abatement of Base Rent (as hereinafter defined) or Additional Rent (as herein after defined) as a result of the term granting of this Lease, without representation or warranty by Landlord. Tenant represents such easements so long as LESSOR does not diminish the LESSEE’S right to Landlord that Tenant has examined the title to and the physical condition quiet enjoyment of the Leased Premises prior to the execution and delivery of this Lease and has found the same to be satisfactory for all purposes hereofits contemplated operation as an office suite, and Tenant accepts the title for general office use incident thereto and condition of the Leased Premises in their respective, present condition “as isfor no other purposes.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 1 contract

Samples: Commercial Lease (Telemynd, Inc.)

Leased Premises. a. In consideration Landlord leases to Tenant and Tenant rents from Landlord the premises consisting of the payment entire rentable area of the rent and 1400 freestanding office building to be constructed by Landlord in the performance location designated as the "Initial Building" in Exhibit A (the "Premises"); containing the floor area set forth in Item 8 of the promises by Basic Lease Provisions. The building in which the Tenant, the Landlord does hereby lease to the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 Premises are situated (“Leased Premise”), which together with the buildings underlying real property, is called the "Building") is a portion of the project described in Item 2 (the "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 does not interfere with building systems and complies with all applicable laws, codes and other improvements now or hereafter located thereon legal requirements. Upon completion of the Building shell, Landlord shall cause its architect to recalculate the rentable area of 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 (“Improvements”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 rentable areas of the Premises shall equal that usable area multiplied by a load factor of 1.08 (which load factor shall only apply to the initial Building leased in its entirety hereunder). Please refer to Exhibit A for an approximate floor plan Promptly following the final determination of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunderrentable area, together with all Landlord’s right, title, and interestthe parties shall memorialize the adjustments, if any, in and by executing an amendment to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties in possession thereof and the existing state of the title thereof as of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the Improvements, their condition as of the commencement of the term of this Lease, without representation or warranty Lease prepared by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of the Leased Premises prior to the execution and delivery of this Lease and has found the same to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as is.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 1 contract

Samples: Office Space Lease (Pimco Advisors Holdings Lp)

Leased Premises. a. A. In consideration of the all Tenant's undertakings hereinafter set forth, including payment of rent as hereinafter specified, and contingent upon the rent and the performance satisfaction of all of the promises by the conditions set forth in Section 3 of this Lease (or waiver thereof), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Landlord does hereby lease to premises (the Tenant "Premises") that are part of the certain real property consisting of approximately 5,000 square feet of space Building located at 000 Xxxxx Xxxxxxxxxx XxxxXxxxx in North Sioux City, Xxxxxx Xxxx, XX 00000 (“Leased Premise”), together with South Dakota in the buildings and other improvements now or hereafter located thereon (“Improvements”). Please refer to Exhibit A for an approximate suite/floor plan area designated in Section 1(a)(2) of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, titleData Sheet and as shown outlined on the leasing plan attached hereto as Exhibit A, and interest, if any, containing the approximate number of rentable square feet set forth in and to all easements and other appurtenances thereto, are demised and let subject to (a) Section 1(b). B. During the rights of any parties in possession thereof and the existing state of the title thereof as of the commencement of the term Term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might showTenant shall have the right to use, (c) all zoning regulations, restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect subject to the Improvements, their condition as of the commencement of the term terms of this Lease, without representation the Rules and Regulations referenced in Section 16 below, and all covenants, conditions and restrictions now or warranty by Landlord. Tenant represents to Landlord that Tenant has examined hereafter affecting the title to and Building, the physical condition Premises; provided, however, within five (5) days of the Leased Premises prior Execution Date, Landlord shall deliver a copy of any such covenants, conditions and restrictions of which Landlord has actual knowledge to Tenant. Further, Landlord shall promptly notify Tenant in writing of any modifications to any such covenants, conditions and restrictions of which Landlord has actual knowledge. C. During the Term of this Lease, Tenant shall have the right at no additional cost to Tenant to the execution non-exclusive use of the existing 500 KW generators upon the following terms and delivery of this Lease and has found the same conditions: (i) in no event shall Landlord be deemed to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as is.” c. Landlord makes no making any representation or and/or warranty with respect to the condition or fitness of such generator except as set forth herein; (ii) Tenant shall be responsible for its pro-rata cost of all maintenance and operation associated with the generator (as billed by Landlord within thirty (30) days following the delivery of such xxxx, as additional rent due under this Lease) as well as all costs associated with segregating circuits of the Leased existing generator, or running new feeds to appropriate distribution panels; (iii) Tenant shall use such generator in accordance with applicable laws, codes, ordinances and regulations; and (iv) Tenant shall obtain the prior written consent of Landlord to any modifications, alterations, improvements or work on such generators. D. Tenant hereby covenants and agrees that it shall have the right to exclusive use of the building equipment, fixtures and communication cabling located in the Premises which do not service other premises in the Building throughout the Lease Term at no cost or expense to Tenant. Landlord and Tenant acknowledge and agree that Landlord is providing such property to Tenant for its use in an as-is basis without representation or warranty of any kind whatsoever, including the disclaimer of any warranties of merchantability, fitness for a particular purpose or availability any other thing or nature whatsoever. Tenant shall be responsible for the cost of any particular usetransportation and reconfiguration of any such items. E. Pending completion of fit-up for the Premises, Tenant shall have the use of temporary space provided by Landlord under the same terms and conditions as this Lease. F. Subject to existing rights of other Tenants, Tenant shall have a right of first refusal to enter into a lease for the remaining approximately 63,641 square feet of space adjacent to the Premises on the second floor of the Building on the same terms and conditions contained in this Lease (the “Right of First Refusal”). In the event Landlord desires to lease such additional 63,641 square feet of space, Landlord shall, subject to existing rights of other Tenants, offer the space to Tenant by notifying the Tenant in writing (the “Right of First Refusal Notice”). If Tenant does not exercise its Right of First Refusal by notifying Landlord in writing of such exercise within five (5) days after having received the Right of First Refusal Notice, Landlord shall not be liable for free to lease the space to any latent or patent defect thereinthird party.

Appears in 1 contract

Samples: Lease (MPC Corp)

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Leased Premises. a. In X. XXXXXXXX, for and in consideration of the payment terms and conditions herein contained to be kept, performed, and observed by COUNTY, and for and in consideration of the rent provided for in Section 4 does lease to COUNTY, and COUNTY does rent and accept from LANDLORD the certain portion of real property located at Eustis Square Shopping Center, Xxxx 000X, Xxxxxx Xxxxxx, Xxxxxx, Xxxxxxx 00000, consisting of 4,762 square feet, hereinafter the “Leased Premises.” In addition to the Leased Premises, LANDLORD shall allow COUNTY the right, access, and use of the parking lot areas and the performance of the promises by the Tenant, the Landlord does hereby lease to the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Leased Premise”), together with the buildings and other improvements now or hereafter located thereon (“Improvements”). Please refer to Exhibit A for an approximate floor plan of the lease rear access area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties in possession thereof and the existing state of the title thereof as of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the Improvements, their condition as of the commencement of the term of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of the Leased Premises prior Premises. B. LANDLORD shall, at LANDLORD’S expense, construct the improvements identified on in Exhibit A, and incorporated herein by reference, hereinafter the “Improvements.” In addition, the LANDLORD will ensure that the mechanical aspects of the HVAC system, plumbing, electrical, fire suppression, roof, and ceiling system are in good working order. C. ANY ADDITIONAL IMPROVEMENTS OR CHANGE ORDERS THAT REQUIRE A MONETARY INCREASE TO THE IMPROVEMENTS, WILL REQUIRE AN AMENDMENT TO THIS LEASE AGREEMENT AND SIGNED BY THE PARTIES. D. The timely completion of these Improvements is a material inducement to the execution and delivery of COUNTY to enter into this Lease and has found Agreement. LANDLORD shall be required to deliver the same Leased Premises to be satisfactory for all purposes hereofthe COUNTY in a broom clean, and Tenant accepts turnkey condition by November 1, 2023, or upon issuance of the title and condition Certificate of Occupancy (CO), whichever is later. Prior to COUNTY’S acceptance of the Leased Premises in their respectivePremises, present condition “as is.” c. Landlord makes no representation or warranty with respect to the condition LANDLORD shall provide a copy of the final CO approved by the City of Eustis. If the CO is not issued by December 1, 2023, and the Leased Premises or its fitness or availability is not delivered to the COUNTY by the date and in the condition set forth herein, this Lease Agreement shall be deemed null and void, unless the COUNTY agrees in writing to an extension of time. E. The Improvements shall not exceed $21,700.00, which LANDLORD has agreed to pay for any particular usein advance, and Landlord shall upon issuance of the Certificate of Occupancy (CO), COUNTY will reimburse the LANDLORD within fourteen (14) days of receipt of the CO an amount not to exceed $21,700.00. Final payment will be liable contingent upon LANDLORD providing an invoice for any latent or patent defect thereinactual construction costs not exceeding the stated amount.

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. a. In consideration of the payment of for the rent to be paid and the performance of the promises covenants to be performed by the Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Landlord does hereby lease Rental Term and upon the terms and conditions herein set forth, the premises described in Section 1.01(I) (hereinafter referred to as the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Leased PremisePremises”), together with located in an office building development referred to in Section 1.01(H) (hereinafter referred to as the buildings and other improvements now or hereafter located thereon (ImprovementsBuilding”). Please refer to The legal description for the property on which the Building is located is attached hereto as Exhibit A for an approximate floor plan “B”. Gross rentable area measurements herein specified are from the exterior of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties in possession thereof and the existing state perimeter walls of the title thereof as building to the center of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rules, interior walls. The exterior walls and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the Improvements, their condition as of the commencement of the term of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition roof of the Leased Premises prior and the areas beneath said Leased Premises are not demised hereunder and the use thereof together with the right to the execution and delivery of this Lease and has found the same to be satisfactory for all purposes hereofinstall, maintain, use, repair, and Tenant accepts the title replace pipes, ducts, conduits, and condition of wires leading through the Leased Premises in their respectivelocations 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, present condition “Landlord will use reasonable efforts so as is.” c. Landlord makes no representation to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or warranty damage to Tenant 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 within the Building, except that with respect to non-exclusive areas, Tenant shall 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 condition use of covered parking spaces in accordance with the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect thereinprovisions of Section 1.01(S).

Appears in 1 contract

Samples: Lease Agreement (Lifevantage Corp)

Leased Premises. a. In consideration The Landlord by these presents does hereby lease and rent to the Tenant, and said Tenant hereby agrees to lease and take upon the terms and conditions set forth herein 24,412 square feet (the "leased premises") in a building located at 000 Xxxxxxxxx Xxxx, Xxxxxxxxx, Xxxxxx Xxxxxx, Xxx Xxxxxx (said leased premises being shown in red outlining on the plan attached hereto and marked Exhibit "A"). Tenant's right to use parking facilities shall be restricted to ninety (90) spaces for use by passenger automobiles by its employees and visitors and Tenant's service and delivery trucks, and parking shall be in the areas designated on Exhibit "A" as permitted parking areas. During the term of this lease after fifteen (15) days prior written notice to Tenant, Landlord shall have the payment of right to change the rent and the performance of the promises area or areas designated for permitted parking by the Tenant, the but Landlord does hereby lease shall not exercise this right unless reasonably necessary to do so and in no event shall Landlord provide less than ninety (90) spaces for Tenant's use which shall be in reasonable proximity to the leased premises. Tenant shall not park abandoned vehicles in the certain real property consisting parking lot. The leased premises is to be used and occupied by Tenant and such other entities which are controlled by, controlling and/or common control of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx XxxxTenant for light assembly and manufacturing, Xxxxxx Xxxxdistribution, XX 00000 warehouse and related office uses, subject to such uses being permitted by federal, state and local laws, ordinances, rules and regulations; however, (“Leased Premise”i) hazardous wastes, as defined in ISRA from time to time (ISRA is defined in Section 34 hereof), together with shall not be generated in the buildings and other improvements now or hereafter located thereon (“Improvements”). Please refer to Exhibit A for an approximate floor plan of leased premises, except Tenant may be a small quantity generator as defined in the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties in possession thereof and the existing state of the title thereof as of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdictionNew Jersey environmental laws, and (dii) with respect Tenant will not have a Standard Industrial Classification Code as a chemical manufacturer nor will hazardous substances, as defined in ISRA from time to time, be stored or manufactured in the Improvements, their condition leased premises as a major product or as a major component of a product manufactured in the commencement of the term of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of the Leased Premises prior to the execution and delivery of this Lease and has found the same to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as isleased premises.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 1 contract

Samples: Lease Agreement (Bei Medical Systems Co Inc /De/)

Leased Premises. a. In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to 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(1), located in the 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 the payment perimeter walls of the rent Building to the center of the interior walls. The exterior walls and roof of the Leased Premises and the performance of areas beneath the promises by Leased Premises are not demised hereunder and the Tenant, the Landlord does hereby lease to the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Leased Premise”)use thereof, together with the buildings 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 improvements now or hereafter located thereon (“Improvements”). Please refer to Exhibit A for an approximate floor plan parts of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances theretoBuilding or buildings, are demised and let subject hereby reserved to Landlord. Landlord reserves (a) such access rights through the rights of any parties in possession thereof and Leased Premises as may be reasonably necessary to enable access by Landlord to the existing state balance of the title thereof Building and reserved areas and elements as of the commencement of the term of this Lease, set forth above; and (b) any state the right to install or maintain meters on the Leased Premises to monitor use of facts which utilities. In exercising such rights, Landlord shall give Tenant forty-eight (48) hours prior notice (except in the case of an accurate survey or physical inspection thereof might show, (cemergency) all zoning regulations, restrictions, rules, and ordinances, building restrictions shall use reasonable efforts so as to not commit waste upon the Leased Premises and other laws as far as practicable shall not materially and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) adversely interfere with respect to the Improvements, their condition as of the commencement of the term of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition Tenant’s use of the Leased Premises prior and shall minimize annoyance, interference or damage to the execution Tenant and delivery of this Lease and has found the same to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of the Leased Premises in their respectivewhen making modifications, present condition “as is.” c. Landlord makes no representation additions or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and repairs. Landlord shall not be liable responsible for any latent or patent defect thereindamages incurred by Tenant and/or to Tenant’s property occur during the required forty-eight (48) hour notice period. Subject to the provisions of Article VIII, Tenant and its employees, contractors, customers, agents and invitees have the right to the non-exclusive use, in common with existing tenants of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building, except that with respect to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose.

Appears in 1 contract

Samples: Lease Agreement (Sera Prognostics, Inc.)

Leased Premises. a. In consideration Landlord has heretofore obtained a long-term ground lease covering that certain tract of the payment of the rent and the performance of the promises by the Tenant, the Landlord does hereby lease to the Tenant the certain real property consisting situated in the University of approximately 5,000 square feet Utah Research Park in Salt Lake City, State of space located at 000 Xxxxxxxxxx XxxxUtah, Xxxxxx Xxxx, XX 00000 (more particularly described in Exhibit Leased Premise”)B” attached hereto, together with certain easement for access rights. (Such tract is hereinafter referred to as the buildings “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 now or hereafter located thereon necessary to enable the Building to be so used (the Building and related facilities and improvements are hereinafter collectively referred to as the “Improvements”). Please refer In consideration for the rent to Exhibit A be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for an approximate floor plan the Rental Term and upon the terms and conditions herein set forth, the Leased Premises described in Section 1.01(I), located in the Building. Gross rentable area measurements herein specified are from the exterior of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties in possession thereof and the existing state perimeter walls of the title thereof as Building to the center of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rules, interior walls. The exterior walls and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the Improvements, their condition as of the commencement of the term of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition roof of the Leased Premises prior and the areas beneath the 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 do not materially and adversely 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 execution balance of the Building and delivery 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 this Lease utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and has found the same to be satisfactory for all purposes hereof, as far as practicable shall not materially and Tenant accepts the title and condition adversely interfere with Tenant’s use of the Leased Premises and shall minimize annoyance, interference or damage to Tenant and the Leased Premises when making modifications, additions or repairs. Subject to the provisions of Article VIII and Section 27.11, Tenant and its employees, contractors, customers, agents and invitees have the right to the non-exclusive use, in their respectivecommon with existing tenants of such unreserved automobile parking spaces, present condition “as is.” c. Landlord makes no representation or warranty driveways, footways, and other facilities designated for common use within the Building, except that with respect to the condition of the Leased Premises or non-exclusive areas, Tenant shall cause its fitness or availability employees to park their cars only in areas specifically designated from time to time by Landlord for any particular use, and that purpose. Landlord shall have the right to designate, in its sole business judgment, certain spaces as “visitor” parking spaces and Tenant shall use its best efforts to cause its employees not be liable for any latent or patent defect thereinto park in such visitor parking.

Appears in 1 contract

Samples: Lease Agreement (Majesco Entertainment Co)

Leased Premises. a. In consideration of the payment of the rent and the performance of the promises by the Tenant, the Landlord does hereby lease demise, lease, and let unto Tenant the following-described areas, rights, and privileges (hereinafter collectively referred to as the "Leased Premises"): A. Those parts of the main and sub-level floors of the Building commonly known as 000 Xxxxxxx Xxx, Xxxxx X, Xxxx Xxxx Xxxx, Xxxx, which space is outlined in yellow on Exhibit "A" attached. The gross areas of said space is approximately 11,225 square feet. B. Such nonexclusive rights-of-way, easements, and similar rights with respect to the Tenant Property and the certain real property consisting Improvements as may be reasonably necessary for access to that portion of approximately 5,000 square feet the Building described under item (a) above; and C. The nonexclusive right to use for such purposes, along with all other subtenants, occupants, and users of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 the Improvements (“Leased Premise”), together with the buildings and other or of improvements now or hereafter located thereon situated on any nearby tract now or hereafter leased by Landlord from the University of Utah), those areas designed and suitable for vehicular parking which are not reserved for the exclusive use of other tenants. (“Improvements”). Please refer i) Such access rights over and across the Property, such easements for utility lines, and such temporary rights of occupancy for construction, repair and maintenance activities as may be reasonably necessary to Exhibit A for an approximate floor plan enable Landlord to fully develop, use, maintain and enjoy this tract and any other nearby tract or tracts within the Research Park which are being leased or which may hereafter be leased from the University of Utah by Landlord; (ii) Such access rights through that portion of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to Building described under item (a) above as may be reasonably necessary to enable access to the rights of any parties in possession thereof and the existing state balance of the title thereof as of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted Building by any governmental authority having jurisdiction, Landlord; and (diii) with respect The right to the Improvements, their condition as of the commencement of the term of this Lease, without representation install or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of maintain meters on the Leased Premises prior to the execution and delivery monitor use of this Lease and has found the same utilities for Landlord's records. In exercising such rights, Landlord will use its reasonable efforts so as to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of not commit waste upon the Leased Premises in their respectiveand as far as practicable to avoid annoyance or damage to Tenant when making modifications, present condition “as isadditions or repairs.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 1 contract

Samples: Lease Agreement (Cyberkinetics Neurotechnology Systems, Inc.)

Leased Premises. a. In consideration of The LESSOR hereby leases to the payment of the rent LESSEE and the performance LESSEE hereby leases from the LESSOR approximately 1,800 rentable square feet being a portion of Suite 306 and as defined in the promises by the TenantLease Schedule listed below in section 2 of this agreement and identified on Exhibit A, the Landlord does hereby lease located at 100 Xxxxxx Xxxxxx, Maynard, MA (hereinafter referred to as 141 Pxxxxx). The LESSEE shall have as appurtenant to (and to the Tenant extent necessary for the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxxuses permitted hereunder) the right to use 24 hours per day, Xxxxxx Xxxx7 days per week, XX 00000 (“Leased Premise”)for their intended purposes, together in common with the buildings LESSOR and all others, including other improvements now tenants of 141 Pxxxxx and their guests and invitees, and subject to such rules and regulations as LESSOR may adopt from time to time, i) walkways, , and ii) other common areas of 141 Pxxxxx (collectively hereinafter referred to as the Common Areas or hereafter located thereon (“Improvements”the Facilities). Please refer In addition to Exhibit A for an approximate floor plan of the lease area ______________ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties reserved to the LESSOR in possession thereof and the existing state of the title thereof as of the commencement of the term of this Lease, LESSOR also reserves the right from time to time, to: construct additions to the Building(s); make alterations to the Building(s); adjust the Total Rentable Area of the Building(s) and 141 Pxxxxx and LESSEE’S Proportionate Share thereof (b) as hereinafter defined); change the size, location or arrangement of Common Areas, install, use, maintain, relocate, repair and replace pipes, ducts, conduits, wires, fixtures, facilities, meters and equipment for service to or in the Leased Premises or to 141 Pxxxxx; also to relocate any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rulesother Facility, and ordinancesgrant easements or other rights in the Common Areas, building restrictions and other laws and regulations now in effect if necessary. All changes shall be reasonable, to require that the changes can not unreasonably infringe upon LESSEE’S business operation or hereafter adopted by any governmental authority having jurisdictionuse of the leased premises, and shall require advance notice. The LESSEE shall not be entitled to any compensation or abatement of Base Rent (das hereinafter defined) with respect to the Improvements, their condition or Additional Rent (as herein after defined) as a result of the commencement granting of such easements so long as LESSOR does not diminish the term of this Lease, without representation or warranty by Landlord. Tenant represents LESSEE’S right to Landlord that Tenant has examined the title to and the physical condition quiet enjoyment of the Leased Premises prior to the execution and delivery of this Lease and has found the same to be satisfactory for all purposes hereofits contemplated operation as an office suite, and Tenant accepts the title for general office use incident thereto and condition of the Leased Premises in their respective, present condition “as isfor no other purposes.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 1 contract

Samples: Commercial Lease (MYnd Analytics, Inc.)

Leased Premises. a. In consideration of the payment of the rent and the performance of the promises by the Tenant, the Landlord Land - Lessor does hereby lease to Lessee approximately 36,598 sq. ft of land located on the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Airport more particularly described on Exhibit "A" as Leased Premise”), Premises together with all improvements located thereon, and as identified on the buildings "Airport Layout Plan" which is attached hereto as Exhibit B and other improvements now or hereafter located thereon (“Improvements”). Please refer B1 and incorporated herein, all hereinafter referred to Exhibit A for an approximate floor plan of as the lease area _________"Leased Premises", Lessee hereby leases _____ ________________ Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunderLeased Premises from Lessor subject to the terms, together with all Landlord’s right, titlecovenants and conditions stated below, and interestshall have the right and privilege to erect, if anyconstruct, in and to all easements and other appurtenances thereto, are demised and let subject to maintain (aas provided herein) the rights of any parties in possession thereof and the existing state of the title thereof as of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the Improvements, their condition as of the commencement of the term of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of following improvements on the Leased Premises prior to the execution as described in Exhibit "C" which is attached hereto and delivery of this Lease and incorporated herein by reference. Lessee has found the same to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of inspected the Leased Premises and accepts it in their respective, its present (as-is) condition unless expressly noted otherwise in this Lease. Neither Lessor nor any agent has made any express or implied warranties as is.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises. Lessee must satisfy itself that the Leased Premises is physically suitable to be used as Lessee intends by independently investigating all such matters related to the use of the Leased Premises. Lessee agrees that it is not relying on any warranty or its fitness representation made by Lessor, Lessor's agent or availability any broker concerning the suitability of the Leased Premises for the Lessee's use, except that such Premises may be used as an aircraft hangar, offices, and for any particular useother uses permitted in this Lease. International Tactical Training Center Fuel Farm Ground Lease May 5, 2006 Lessor shall deliver possession of the Leased Premises to Lessee as of the Effective Date hereof. Lessee shall be responsible for maintenance and Landlord shall not be liable for any latent or patent defect thereininsurance of the Leased Premises upon delivery of possession to Lessee.

Appears in 1 contract

Samples: Sub Lease Agreement (Tactical Air Defense Services, Inc.)

Leased Premises. a. In consideration of Subject to and upon the payment of the rent and the performance of the promises by the Tenantterms hereinafter set forth, the Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises demised hereunder are described in Exhibit A hereto. Tenant shall be entitled to the Tenant following as appurtenances to the certain real property consisting Leased Premises: the right to use (a) Parking Areas, (b) for Tenant's non-exclusive use, the roof of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxxthe Building in accordance with Section 3.5 hereof, Xxxxxx Xxxx(c) for Tenant's exclusive use, XX 00000 (“Leased Premise”)the restrooms, together with the buildings telephone, electric and other improvements now 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 hereafter located thereon (“Improvements”). Please refer to Exhibit A for an approximate floor plan occupants of the lease area ______________ ________________ floors also serviced by such facilities and (d) in common with Landlord Tenant Lease Agreement p. and other tenants or occupants of [INSERT PAGE NUMBER] b. The Improvements leased hereunderthe 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 Landlord’s rightareas, titlefacilities and systems denominated as "Building Common Areas" and "Floor Common Areas" in the Measurement Standard, the "Common Areas") and interestall rights and benefits appurtenant to, if anyor necessary or incidental to, in the use and to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties in possession thereof and the existing state of the title thereof as of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the Improvements, their condition as of the commencement of the term of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition enjoyment of the Leased Premises prior by Tenant for the purposes permitted by Section 1.5 hereof including, but not limited to, the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the execution and delivery of this Lease and has found Projects, including but not limited to the same non-exclusive right to be satisfactory for all purposes hereofuse any walkways, tunnels, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as is.” c. Landlord makes no representation or warranty with respect skywalks connected to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect thereinProjects.

Appears in 1 contract

Samples: Master Lease Agreement (American Financial Realty Trust)

Leased Premises. a. In consideration of the payment of the rent A. Landlord demises and the performance of the promises by the leases to Tenant, and Tenant leases and takes from Landlord, the Landlord does hereby lease to the Tenant the certain real property consisting of approximately 5,000 square feet of space located at 000 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 (“Leased Premise”), Premises together with the buildings right to use for ingress to and egress from the Leased Premises, in 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 Building, the roof and all air space above the Building and (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 improvements now or hereafter located thereon (“Improvements”). Please refer to Exhibit A for an approximate floor plan parts of the lease area ______________ ________________ Building; provided, that if any such pipes, ducts, cables, conduits, plumbing, vents, utility lines and wires are installed in the Leased Premises by Landlord Tenant Lease Agreement p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunderpursuant to this Article II or Section 7.02, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to then (a) Landlord shall use reasonable efforts to either install such items within or behind the rights of any parties in possession thereof and walls or above the existing state ceiling or as near to a wall or ceiling of the title thereof Leased Premises as is reasonably practicable or otherwise minimize the impact such items may have on the interior design of the Leased Premises, and (b) Landlord shall repair any damage caused by such installation. B. Provided Tenant has delivered to Landlord evidence reasonably satisfactory to Landlord that all insurance required to be carried by Tenant and its contractor hereunder is effective, Tenant shall have access to the Leased Premises immediately upon the Term Commencement Date; provided, however, Tenant shall not be entitled to make any alterations or improvements to the Leased Premises until the Plans (as defined in the Work Agreement) have been finally approved by Landlord in accordance with the Work Agreement. Except for purposes of constructing the Tenant Work in accordance with the Work Agreement, Tenant shall not be permitted to occupy the Leased Premises for purposes of conducting its business therein or for any other purpose, unless and until Tenant delivers to Landlord a certificate of occupancy and any other approvals required for Tenant’s occupancy of the Leased Premises from any governmental authorities having jurisdiction over the Leased Premises, all of which shall be obtained by Tenant at Tenant’s sole cost and expense. If Landlord notifies Tenant that the Leased Premises are otherwise available for Tenant to take possession thereof, but Tenant is not permitted to take possession of the Leased Premises because Tenant has failed to deliver to Landlord evidence reasonably satisfactory to Landlord that all insurance required hereunder to be carried by Tenant and its contractor is effective, then (i) Landlord shall be deemed to have tendered possession of the Leased Premises to Tenant, (ii) neither the Term Commencement Date, nor the Rent Commencement Date shall be delayed as a result thereof, and (iii) Tenant shall be entitled to access the Leased Premises when such evidence of insurance has been delivered to Landlord. C. In the event that as of the commencement Term Commencement Date the Common Restrooms are in violation of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictionslaws, rules, and ordinancesregulations or legal requirements, building restrictions and other laws and regulations now then in effect or hereafter adopted by effect, of any governmental authority having jurisdictionjurisdiction over the Building or the Leased Premises (an “Existing Common Restroom Violation”) and Tenant notifies Landlord of such Existing Common Restroom Violation within 30 days after the Term Commencement Date (“Violation Notice Date”) and prior to making any improvements or alteration (other than cosmetic alterations such as painting and floor and wall covering), Landlord shall either (i) make such improvements or alteration required to cure any such Existing Common Restroom Violation, or (ii) reimburse Tenant for the reasonable cost of such improvements or alteration required to cure any such Existing Common Restroom Violation, provided such costs are approved by Landlord in advance. Notwithstanding anything contained herein to the contrary (including the provisions of Section 10.04 and (d) 4.02.B), in the event that Tenant makes any alteration to any component of the Common Restrooms to which any such Existing Common Restroom Violation applies, Landlord shall not have any obligation with respect to such Existing Common Restroom Violation and Tenant shall be required to bring such component into compliance with any and all laws, rules, regulations and legal requirements of any governmental authority having jurisdiction over the ImprovementsBuilding or the Leased Premises (including curing any Existing Common Restroom Violation). In addition, their condition notwithstanding any other provision of this Lease to the contrary (including the provisions of Section 10.04 and 4.02.B), from and after the Violation Notice Date, Tenant, as a part of the commencement Tenant Work and at its sole cost, shall be required to cure any Existing Common Restroom Violation, unless Tenant has given Landlord notice of such Existing Common Restroom Violation prior to the Violation Notice Date and Tenant does not alter the component of the term Common Restrooms to which such Existing Common Restroom Violation applies. Tenant shall also be responsible for the cost of any Tenant Work or Alteration to the Common Restrooms undertaken by Tenant, including any improvements that exceed current code. The cost incurred in connection with Landlord’s repair, maintenance and cleaning of the Common Restroom shall be included in Operating Costs, subject to and in accordance with the terms of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of the Leased Premises prior to the execution and delivery of this Lease and has found the same to be satisfactory for all purposes hereof, and Tenant accepts the title and condition of the Leased Premises in their respective, present condition “as is.” c. Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein.

Appears in 1 contract

Samples: Office Lease Agreement (Opnet Technologies Inc)

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