Leased Premises. (a) In consideration of the payments to Landlord and other terms herein, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on the 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 “Premises”), together with non-exclusive right of access to the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to the terms and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below in Section 3(a), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1. (b) During the term of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord shall have the right to enter upon the Premises to inspect, 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 applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and 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 City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installed.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Leased Premises. The leased premises shall consist of 15,505 total rentable square feet, being Unit A (a5,373 square feet), Unit B (2,983 square feet), Unit F (2,418 square feet), Unit C (2,006 square feet), and Unit D (2,725 square feet), all being a portion of that certain building (the “Building”) In consideration located at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Bozeman, Montana, and associated common property including parking and as depicted in the floor plan Exhibit “A” attached hereto and incorporated herein by reference. The parties agree and acknowledge that the square footage figure stipulated herein is a general figure which shall serve as the square footage of the payments to Landlord and other terms herein, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on leased premises for the Bridge owned by Landlord, comprising purpose of designated space upon the City’s Bridge as authorized by individual permits issued calculating base rent under this Lease as depicted on Lease, regardless of any actual measurements of the attached Exhibit 1 (hereinafter referred to as interior space of the “Premises”)leased premises, together with non-exclusive right and regardless of access any permitted alterations which the Tenant may make to the Premises interior of the leased premises. The ground floor footprint of 15,505 rentable square feet (“Access Areas”again, a stipulated figure which shall not be adjusted by virtue of actual measurement or alteration) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlordshall be used for all other purposes under this Lease, subject to including, but not limited to, the terms and conditions set forth herein. Installation of any calculation of Tenant’s Equipment and Facilities, prorata Triple Net Expenses hereunder as defined below in Section 3(a), Paragraph 4 hereof. The leased premises shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1.
(b) During the term of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord shall have enjoy the right to enter upon use the Premises to inspect, examine, parking lot and to apply for and obtain all licenses and permits required for Tenant’s use other common areas of the Premises from all applicable governmental or regulatory entities. Any damage caused by Tenant arising from or Building in any way caused by Tenant’s use including installation of Equipment and Facilities common with other tenants in the Building, which common areas shall be deemed appurtenances to the sole responsibility of Tenant. As damage to one leased premises, but such spaces shall not be deemed part of the Premises can impact “leased premises” hereunder in order that the entire Bridge and such repairs may be subject to OSHA compliancerespective obligations (repairs, payment maintenance, insurance, etc.) of prevailing wage, and other applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related the parties as to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and 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 City’s Code, as may be hereinafter amended or 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 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 leased premises” shall not effect the structural integrity of the Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installedconfused.
Appears in 2 contracts
Sources: Commercial Lease Agreement, Commercial Lease Agreement
Leased Premises. (a) In consideration of the payments to Landlord and other terms hereinA. The Board does, Landlord by these presents, hereby leases to Tenant, on a non-exclusive basis, certain space on the 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 “Premises”), together with non-exclusive right of access exclusively lease and demise to the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available Company, and the Company does, by Landlordthese presents, hereby take from the Board, for and during the Term and upon and subject to the terms and provisions and conditions set forth hereinof this Agreement the Airline Gate Areas, the Operations Area, and the Ticket Counters. Installation If the Company has more than two (2) ticket positions per Airline Gate Area, the Board reserves the right during the Term of any this Agreement to remove one or more of Tenantsuch additional ticket positions from the Company’s Equipment and Facilities, defined below in Section 3(a), Leased Premises by serving written notice to the Company which removal shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1.
(b) During the term of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord shall have the right to enter upon the Premises to inspect, 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 applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and Tenant hereby agrees to reimburse Landlord for the same within effective thirty (30) days after receipt delivery of an invoice for samewritten notice to Company.
(c) A revocable installation permit (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 “Permit”) where- is” and “as-is” condition.
C. In connection with the Company’s lease and use of the Airline Gate Areas, Ticket Counters, and Operations Area, the Company shall be required for each and every installation of Tenant’s have the non-exclusive right to use the Shared Equipment and Facilities so that Landlord can review Airline Shared Space in common with other tenants at 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 City’s Code, Airport as may be hereinafter amended 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 Shared Equipment and Airline Shared Space to Company or recodifiedother tenants at the Airport as may be determined appropriate by the Chief Executive Officer of the 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 Chief Executive Officer. In making such substitutions, additions, removals, and/or reassignments, the Board shall provide thirty (30) days advance written notice to the Company, except in the case of an emergency or exigent circumstances and in such cases notice shall be given as soon as practicable. The Board specifically reserves the right to remove the automated ground transportation system as part of the Shared Equipment without a replacement for such system, provided that during the term of this Agreement for so long as the existing underground tunnel that connects Terminal 3 to Concourse A Permit application is the primary means for passenger ingress and egress to Concourse A, the Board agrees to maintain a pedestrian moving sidewalk within the underground tunnel to aid in passenger movement. The Company’s use of the Shared Equipment, Airline Shared Space, Airline Gate Areas, Ticket Counters, Operations Area and other facilities, operations, and equipment at the Airport shall describe be subject to such procedures, limitations, requirements, protocols, and/or operational guidelines as may be set forth in the space Board’s Operational Manual, as the same may be amended, from time to time, in the reasonable discretion of the Chief Executive Officer during the term hereof (the “Operational Manual”). The Operational Manual shall be in writing. Any changes to the Operational Manual shall be furnished by the Board to the Company and such changes shall be effective as of the effective date specified by the Board. The Board shall furnish changes to the Operational Manual thirty (30) days in advance of the effective date of such changes, except in the case of an emergency or exigent circumstances and in such cases notice shall be given as soon as practicable and effective when delivered to the Company. Changes to the Operational Manual that are furnished to local station managers or other local representatives of the Company shall be binding on the Bridge that Tenant proposes Company. Changes to attach the Operational Manual shall not be inconsistent with the terms of this Agreement. The Company shall adhere to (includingthe 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, specificallyconsistent with manufacturer recommendations, and without abuse. To the extent the Operational Manual permits employees of the Company to operate the Shared Equipment, the exact dimensions 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 portions Shared Equipment is “where-is” and “as-is” with all faults, subject to the Bridge proposed to be utilized)maintenance obligations specified in Section IX .
D. In connection with the Company’s lease and use of an Airline Gate Area, the method of attachment Company shall have the right to use the Bridgehydrant 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 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 hydrant fuel line at an Airline Gate Area shall be accompanied by a structural engineering analysis indicating that the work proposed in the Permit shall not effect the structural integrity form part of the Bridge, including any piers, joists, deck, or any other structural element Airline Gate Area for purposes 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 additional 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 as-built schematics of the Equipment and Facilities installedthis Agreement.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Leased Premises. (a) In consideration Pursuant to the terms and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises to the Corporation. The Board hereby agrees to make all parcels of real property on which the Series 2010C Project is sited part of the payments Premises and subject to Landlord this Ground Lease. The Board shall execute, deliver and record one or more supplements to the Ground Lease upon acquisition of each such parcel.
(b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises:
(i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the 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 Servient Property (e.g., the 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 Servient Property, together with the 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 2010C Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2010C 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 terms herein, Landlord hereby leases to Tenant, utility fixtures and appurtenances which are located on a non-exclusive basis, certain space or within either the Premises or the Series 2010C Project on the Bridge owned by Landlordone hand or the Servient Property or Servient Buildings on the other hand and which, comprising of designated space directly or indirectly, in any way, service the other.
(B) All division walls (hereinafter referred to as "Party Walls") between the Series 2010C Project and the Servient Buildings upon the City’s Bridge as authorized by individual permits issued under this Lease as depicted on common line between the attached Exhibit 1 Premises and the Servient Property (hereinafter referred to as the “Premises”), together with non-exclusive right of access "Lot Line") provided that the mere fact that such a division wall is found not to be on the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to Lot Line shall not preclude that division wall from being the terms and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below in Section 3(a), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1Party Wall.
(bC) During The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the term roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2010C Project and the Servient Buildings. Should the Roofing of this Leaseany building constituting a portion of the Project extend beyond the Lot Line, Tenant the right therefor is hereby granted and its agentsshould the Roofing of the Servient Building extend beyond the Lot Line onto the Premises, engineersthe right therefor is hereby reserved.
(D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2010C Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2010C Project extend beyond the Lot Line onto the Premises, surveyorsthe right therefor is hereby reserved.
(iii) The Premises Rights further include that right of the Series 2010C Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, and other representatives upon prior reasonable notice construction or reconstruction or due to and consent settlement or movement. The encroaching Series 2010C Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of Landlord the Servient Property on which same exists shall have be deemed to be a part of the Premises. In addition, the Premises Rights include the right to enter upon the Premises to inspect, examine, and to apply for and obtain all licenses and permits required for Tenant’s use utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2010C Project. The Premises from all applicable governmental or regulatory entities. Any damage caused by Tenant arising from or Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements 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 favor of the Premises can impact Corporation (and like rights are hereby reserved unto the entire Bridge and such repairs may be subject to OSHA compliance, payment of prevailing wage, and other applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant Board) for the costs continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such repairs and Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for sameCommon Structural Elements.
(c) A revocable installation permit Subject to the Permitted Encumbrances, the Board hereby warrants that (a “Permit”i) shall be the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required for each 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 every installation provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of Tenant’s Equipment record applicable to the Premises 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 feesServient Property. The cost of such Permits shall be established by the Landlord in accordance with Section 510.070 Board represents and warrants that none of the City’s Code, as may be hereinafter amended or recodified. A Permit application shall describe the space Permitted Encumbrances has an adverse effect on the Bridge that Tenant proposes to attach to (including, specifically, the exact dimensions use of the portions Premises or the Bridge proposed to be utilized), the method of attachment to the 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 enjoyment of the Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installedleasehold estate therein created under this Ground Lease.
Appears in 2 contracts
Sources: Ground Lease Agreement, Ground Lease Agreement
Leased Premises. (a) In consideration 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 payments Premises and subject to Landlord this Ground Lease.
(b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises:
(i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the 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 Servient Property (e.g., the 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 Servient Property, together with the 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 terms herein, Landlord hereby leases to Tenant, utility fixtures and appurtenances which are located on a non-exclusive basis, certain space or within either the Premises or the Series 2009 Project on the Bridge owned by Landlordone hand or the Servient Property or Servient Buildings on the other hand and which, comprising of designated space directly or indirectly, in any way, service the other.
(B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the City’s Bridge as authorized by individual permits issued under this Lease as depicted on common line between the attached Exhibit 1 Premises and the Servient Property (hereinafter referred to as the “Premises”), together with non-exclusive right of access "Lot Line") provided that the mere fact that such a division wall is found not to be on the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to Lot Line shall not preclude that division wall from being the terms and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below in Section 3(a), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1Party Wall.
(bC) During The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the term 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 this Leaseany building constituting a portion of the Project extend beyond the Lot Line, Tenant the right therefor is hereby granted and its agentsshould the Roofing of the Servient Building extend beyond the Lot Line onto the premises, engineersthe 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"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, surveyorsthe right therefor is hereby reserved.
(iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, and other representatives upon prior reasonable notice construction or reconstruction or due to and consent settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of Landlord the Servient Property on which same exists shall have be deemed to be a part of the Premises. In addition, the Premises Rights include the right to enter upon the Premises to inspect, examine, and to apply for and obtain all licenses and permits required for Tenant’s use utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises from all applicable governmental or regulatory entities. Any damage caused by Tenant arising from or Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements 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 favor of the Premises can impact Corporation (and like rights are hereby reserved unto the entire Bridge and such repairs may be subject to OSHA compliance, payment of prevailing wage, and other applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant Board) for the costs continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such repairs and Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for sameCommon Structural Elements.
(c) A revocable installation permit Subject to the Permitted Encumbrances, the Board hereby warrants that (a “Permit”i) shall be the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required for each 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 every installation provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of Tenant’s Equipment record applicable to the Premises and Facilities so the Servient Property. The Board represents and warrants that Landlord can review none of the proposed space Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease.
(d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such installation for compliance with this Lease, including compliance with Exhibit 2 Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed 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 then occupied by the Landlord in accordance with Section 510.070 of Board under the City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installedLease Agreement.
Appears in 2 contracts
Sources: Ground Lease Agreement, Ground Lease Agreement
Leased Premises. (a) In consideration of the payments to Landlord and other terms herein, Landlord Host hereby leases to TenantCVEC the possession, on a non-exclusive basisuse, certain space on the Bridge owned by Landlordenjoyment, comprising and control 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 “Premises”), together with non-exclusive right of access to the Premises (“Access Areas”as described in Exhibit A) for the sole and exclusive purpose of conducting the Permitted Use, as reflected on Exhibit 1 or as otherwise reasonably made available by Landlordset forth below, subject to the terms and conditions Host’s reserved uses as set forth herein. Installation of any of Tenant’s Equipment in Exhibit A and Facilities, defined below in Section 3(aArticle XX (Quiet Enjoyment), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1.
(b) During the term of this LeaseAs shown in Exhibit A, Tenant Host also grants to CVEC a non-exclusive easement for reasonable pedestrian and its agents, engineers, surveyors, and other representatives upon prior reasonable notice vehicular access to and consent of Landlord shall have egress from the Premises plus the right and sufficient space for the installation, operation and maintenance and access to, of electric lines, cables, conduits and related equipment necessary to enter operate the PV System interconnect the PV System to the Building, which is interconnected with the Distribution Company System, such that the PV System qualifies as a Solar Net Metering Facility and otherwise meets the requirements of the SMART Program or an Alternative On-bill Generation Unit, as the case may be. In the event that the PV System is required to be connected directly to the Distribution Company System, Host hereby grants CVEC a non-exclusive easement on, under and across the real property owned by the Host upon which the Premises is located, to inspectinstall, examineconstruct, operate and maintain electric lines, cables, poles, conduits and related equipment necessary to apply for interconnect the PV System to the Distribution System such that the PV System qualifies as a Solar Net Metering Facility and obtain all licenses and permits required for Tenant’s use otherwise meets the requirements of the Premises from all applicable governmental SMART Program 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 an Alternative On-bill Generation Unit, as the sole responsibility of Tenant. As damage to one part of the Premises can impact the entire Bridge and such repairs case may be subject to OSHA compliance, payment of prevailing wage, and other applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for samebe.
(c) A revocable installation permit (a “Permit”) Host also grants CVEC the right to free and unobstructed access to sunlight at the Premises and Host agrees that it shall be required for each and every installation not create or install vegetation or structures that will obstruct the passage of Tenant’s Equipment and Facilities so that Landlord can review sunlight to 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 Premises occupied by the Landlord in accordance with Section 510.070 of PV System.
(d) To the City’s Codeextent reasonably necessary and subject to Applicable Legal Requirements and available space, as determined in Host’s sole discretion, Host may be hereinafter amended or recodified. A Permit application shall describe the provide necessary space on the Bridge real property owned by the Host upon which the Premises is located at locations and for such time as specified by Host (such locations, “Construction Laydown Area(s)”) for temporary: (i) storage and staging of tools, materials and equipment; (ii) construction laydown; (iii) parking of construction crew vehicles; (iv) vehicular and pedestrian access and access for rigging and material handling, and other temporary facilities reasonably necessary to construct, erect, install, and remove the PV System. The foregoing notwithstanding, CVEC shall not obstruct access to the real property owned by Host upon which the Premises is located, or interfere with or disrupt Host’s use thereof or operations therein. Following temporary use thereof, CVEC shall immediately restore the Construction Laydown Area(s) and such other access areas identified herein to their condition prior to CVEC’s use.
(e) The Premises are demised subject to the following:
(i) any encumbrances shown on the survey of the Premises;
(ii) covenants, restrictions, easements, agreements, and reservations, as set forth in Exhibit A;
(iii) present and future zoning laws, ordinances, bylaws, resolutions, and regulations of the municipality in which the land lies, and all present and future ordinances, laws, regulations, and orders of all boards, bureaus, commissions, and bodies of any municipal, county, state, or federal authority, now or hereafter having jurisdiction, so long as they permit or otherwise regulate the use of the Premises for the Permitted Use;
(iv) the condition and state of repair of the Premises as the same may be on the Effective Date;
(v) all electric and telecommunication cable or wireless services charges, accrued or unaccrued, fixed or not fixed, from and after the Effective Date arising as a result of the construction and operation of the PV System or any appurtenant facilities or improvements associated with the Permitted Use;
(vi) full compliance by CVEC of all Applicable Legal Requirements; and
(vii) Host’s reserved uses, as provided in Article XII (Quiet Enjoyment) and set forth in the Additional Exceptions, attached hereto as Exhibit A.
(viii) Host hereby further agrees and acknowledges that Tenant proposes CVEC shall have the right, without any notice to attach or consent of Host:
(i) for the PV System to include a total nameplate capacity expected by Developer to be [insert];
(ii) to fully assign all of its rights under this Agreement to Developer under the Solar PPA, including to: (i) sublease the Premises to Developer; and (ii) provide non- exclusive easements as set forth in this Section 3.1 to Developer, to construct, own, operate, maintain, and access the PV System (collectively, the “Real Property Rights”); and
(iii) to fully assign or otherwise delegate all of CVEC’s rights, privileges or obligations under this Agreement to Developer, including, specificallywithout limitation, the exact dimensions of the portions the Bridge proposed to be utilized), the method of attachment to the 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installed.right to
Appears in 2 contracts
Sources: Inter Governmental Power Purchase and Project Development Agreement, Inter Governmental Power Purchase and Project Development Agreement
Leased Premises. (a) a. In consideration of the payments to Landlord payment of the rent and other terms herein, Landlord hereby leases to the performance of the promises by the Tenant, on a non-exclusive basisthe Landlord does hereby lease to the Tenant the certain real property consisting of approximately 5,000 square feet of space located at ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, certain space on the 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 “PremisesLeased Premise”), together with non-exclusive right of access to the Premises buildings and other improvements now or hereafter located thereon (“Access AreasImprovements”) as reflected on ). Please refer to Exhibit 1 or as otherwise reasonably made available by 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 terms and conditions set forth herein. Installation rights of any parties in possession thereof and the existing state of Tenant’s Equipment and Facilities, defined below in Section 3(a), shall be limited to only the space which Tenant has been granted a specific permit by title thereof as of the City to access and install its Equipment and Facilities as described in Subsection (c) commencement of this Section 1.
(b) During the term of this Lease, Tenant and its agents(b) any state of facts which an accurate survey or physical inspection thereof might show, engineers(c) all zoning regulations, surveyorsrestrictions, rules, and ordinances, building restrictions and other representatives upon prior reasonable notice 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 consent of Landlord shall have the right to enter upon the Premises to inspect, examine, and to apply for and obtain all licenses and permits required for Tenant’s use physical condition of the Leased 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 prior to the execution and delivery 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 applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing and has found the same to be donesatisfactory for all purposes hereof, and billing 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 the costs of such repairs and 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 Bridgeany particular use, 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 City’s Code, as may be hereinafter amended or 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 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 Bridge, including be liable for any piers, joists, deck, latent or 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 additional 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 as-built schematics of the Equipment and Facilities installedpatent defect therein.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Advanced Cannabis Solutions, Inc.)
Leased Premises. (a) In consideration Pursuant to the terms and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises 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 2010A Project is sited part of the payments Premises and subject to Landlord this Ground Lease.
(b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises:
(i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the 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 Servient Property (e.g., the 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 Servient Property, together with the 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 2010A Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2010A 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 terms herein, Landlord hereby leases to Tenant, utility fixtures and appurtenances which are located on a non-exclusive basis, certain space or within either the Premises or the Series 2010A Project on the Bridge owned by Landlordone hand or the Servient Property or Servient Buildings on the other hand and which, comprising of designated space directly or indirectly, in any way, service the other.
(B) All division walls (hereinafter referred to as "Party Walls") between the Series 2010A Project and the Servient Buildings upon the City’s Bridge as authorized by individual permits issued under this Lease as depicted on common line between the attached Exhibit 1 Premises and the Servient Property (hereinafter referred to as the “Premises”), together with non-exclusive right of access "Lot Line") provided that the mere fact that such a division wall is found not to be on the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to Lot Line shall not preclude that division wall from being the terms and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below in Section 3(a), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1Party Wall.
(bC) During The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the term roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2010A Project and the Servient Buildings. Should the Roofing of this Leaseany building constituting a portion of the Project extend beyond the Lot Line, Tenant the right therefor is hereby granted and its agentsshould the Roofing of the Servient Building extend beyond the Lot Line onto the premises, engineersthe 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 2010A Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2010A Project extend beyond the Lot Line onto the Premises, surveyorsthe right therefor is hereby reserved.
(iii) The Premises Rights further include that right of the Series 2010A Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, and other representatives upon prior reasonable notice construction or reconstruction or due to and consent settlement or movement. The encroaching Series 2010A Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of Landlord the Servient Property on which same exists shall have be deemed to be a part of the Premises. In addition, the Premises Rights include the right to enter upon the Premises to inspect, examine, and to apply for and obtain all licenses and permits required for Tenant’s use utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2010A Project. The Premises from all applicable governmental or regulatory entities. Any damage caused by Tenant arising from or Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements 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 favor of the Premises can impact Corporation (and like rights are hereby reserved unto the entire Bridge and such repairs may be subject to OSHA compliance, payment of prevailing wage, and other applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant Board) for the costs continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such repairs and Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for sameCommon Structural Elements.
(c) A revocable installation permit Subject to the Permitted Encumbrances, the Board hereby warrants that (a “Permit”i) shall be the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required for each 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 every installation provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of Tenant’s Equipment record applicable to the Premises and Facilities so the Servient Property. The Board represents and warrants that Landlord can review none of the proposed space Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease.
(d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2010A Project, the Board reserves the exclusive right to use each such installation for compliance with this Lease, including compliance with Exhibit 2 Existing School until the replacement school (being constructed under the scope of the Series 2010A Project) is completed 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 then occupied by the Landlord in accordance with Section 510.070 of Board under the City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installedLease Agreement.
Appears in 1 contract
Sources: Ground Lease Agreement
Leased Premises. 1.1 Landlord leases to Tenant and Tenant leases from Landlord the Premises, including all fixtures and improvements located thereon or therein, together with (ai) In consideration the right to use 377 vehicle parking spaces (based on 2.5 spaces for each 1,000 rentable square feet of Premises) within the payments to Landlord and other terms herein, Landlord hereby leases Project (50 of such vehicle parking spaces shall be exclusive to Tenant, as outlined on a non-Exhibit A, and the remaining 327 of such vehicle parking spaces shall be non- --------- exclusive basisin common with other tenants), certain space on (ii) the Bridge owned by Landlordexclusive right to use the loading and unloading areas ("Loading Areas") and trash areas ("Trash Areas") appurtenant to Building 5 (and, comprising of designated space upon prior to the City’s Bridge termination date for the Temporary Storage Space, as authorized by individual permits issued under this Lease as hereinafter defined, the trash area appurtenant to Building 7) depicted on Exhibit A (provided, however, that Tenant shall not have the attached Exhibit 1 (hereinafter referred --------- exclusive right, but rather the right shared in common with others, to as the “Premises”access areas leading to and from the Loading Areas and the Trash Areas), together with (iii) the non- exclusive right to use the loading and unloading areas and trash areas appurtenant to Building 9, (iv) the exclusive right to use the chemical storage area appurtenant to Building 5 (the "Chemical Storage Area") depicted on Exhibit ------- A for the purpose of storing chemical waste and related materials (some or all - of which may constitute "Hazardous Substances," as hereinafter defined), (v) the non-exclusive right to use the scrap area south of access to the Premises parking lot immediately south of Building 5 (“Access Areas”the "Scrap Area") as reflected depicted on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to A for the terms purpose of --------- storing of scrap and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below in Section 3(arelated materials (other than Hazardous Substances), shall be limited to only (vi) the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1.
(b) During the term of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord shall have the right to enter upon the Premises to inspect, examine, and to apply for and obtain all licenses and permits required for Tenant’s non-exclusive use of the Premises from common areas of the Project (which for purposes of this Lease shall include all applicable governmental or regulatory entities. Any damage caused exterior areas of the Project designed for use in common by Tenant arising from and other tenants which are not specified herein as being exclusive to Tenant or to other tenants of the Project, (vii) so long as the portion of the Premises located in any way caused by Tenant’s use including installation of Equipment and Facilities shall be Building 9 (the sole responsibility of Tenant. As damage to one "Building 9 Premises") are part of the Premises can impact under this Lease, the entire Bridge non-exclusive use of the restrooms and such repairs may be subject other common facilities in Building 9, (viii) reasonable rights of ingress and egress to OSHA compliance, payment of prevailing wageand from the Premises and over and across the common areas, and other applicable requirements (ix) for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related up to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and Tenant hereby agrees to reimburse Landlord for the same within first thirty (30) days following the Commencement Date, the exclusive use of those areas within the two (2) telephone closets within Building 9 currently serving the Premises and non-exclusive construction easements at the Project as reasonably necessary for Tenant to complete any Consolidation Alterations (as hereinafter defined) which may be located outside the Premises. Tenant's use of the Building 5 and 7 Trash Areas shall include the right of Tenant to keep and use thereon Tenant's trash compacting equipment. Notwithstanding the above clauses (iv) and (v), Tenant agrees that its right to use the Scrap Area shall expire at such time as Landlord physically removes the Scrap Area and that its right to use the Chemical Storage Area shall expire at such time as Landlord physically removes the Chemical Storage Area, such removal in each case to be after receipt not less than 30 days prior notice to Tenant and, in the case of removal of the Chemical Storage Area, only if Landlord first provides to Tenant, at no out-of-pocket cost to Tenant, an invoice for samealternative chemical storage area within the Project reasonably acceptable to Tenant.
(c) A revocable installation permit (a “Permit”) shall be required 1.2 The parties acknowledge that prior to entering into this Lease Tenant has occupied the Premises for each many years and every installation that, accordingly, neither Landlord nor any of Landlord's agents, representatives or employees has made any representations or warranties as to the condition of the Premises or the suitability or fitness of the Premises for the conduct of Tenant’s Equipment and Facilities so that Landlord can review the proposed space of each such installation 's business, including, but not limited to, any representations or warranties regarding zoning or other land use matters, or for compliance with any other purpose. In addition, except as otherwise expressly provided in this Lease, including compliance with Exhibit 2 Tenant accepts the Premises "as- is" and City CodesLandlord shall have no obligation to alter, compatibility with the Bridgeremodel, and authorization rights. Prior to installation of Tenant’s Equipment and Facilitiesimprove, Tenant shall apply for a Permitrenovate, on an application form provided by Landlord, and pay redecorate or paint all applicable fees. The cost of such Permits shall be established by the Landlord in accordance with Section 510.070 or any part of the City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installedPremises.
Appears in 1 contract
Leased Premises. (a) In consideration of Landlord does hereby demise, lease, and let unto Tenant the payments to Landlord following-described areas, rights, and other terms herein, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on the 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 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 ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇, 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 Property and the Improvements as may be reasonably necessary for access to that portion of 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 the Improvements (or of improvements now or hereafter situated on any nearby tract now or hereafter leased by Landlord from the University of Utah), together with non-those areas designed and suitable for vehicular parking which are not reserved for the exclusive right use of other tenants.
(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 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 Building described under item (a) above as may be reasonably necessary to enable access to the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available balance of the Building by Landlord, subject to the terms ; and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below in Section 3(a), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (ciii) of this Section 1.
(b) During the term of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord shall have the The right to enter install or maintain meters on the Leased Premises to monitor use of utilities for Landlord's records. In exercising such rights, Landlord will use its reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to inspect, examine, and to apply for and obtain all licenses and permits required for Tenant’s use of the Premises from all applicable governmental avoid annoyance 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 complianceTenant when making modifications, payment of prevailing wage, and other applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs additions or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for samerepairs.
(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 City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installed.
Appears in 1 contract
Sources: Lease Agreement (Cyberkinetics Neurotechnology Systems, Inc.)
Leased Premises. (a) In consideration of the payments to Landlord and other terms herein, A. Landlord hereby leases agrees to lease the “Premises” (as defined in Section 4.B below) to Tenant, on a non-exclusive basisand ▇▇▇▇▇▇ hereby agrees to lease the Premises from Landlord, certain space upon the terms and subject to the conditions set forth in this Lease. Landlord grants to Tenant the right to construct upon, occupy, and use the System on the Bridge owned by LandlordPremises consistent with and subject to all of the terms and provisions of this Lease. The rights and privileges granted herein are subject to prior easements, comprising rights of designated space upon way, and other matters affecting title to the City’s Bridge Premises. The Premises is expressly subject to an avigation easement hereby reserved to the City and the Airport for the flight of aircraft over the Premises.
B. The “Premises” as authorized by individual permits issued under this Lease as depicted on the attached Exhibit 1 (hereinafter referred to as used herein shall be an area comprised of the “PremisesLand” (such area to be determined in accordance with this Section 4). Landlord acknowledges and agrees that the exact size, shape and location of the area of the Land that will comprise the Premises (the “Lease Boundary Line”) has not yet been determined, and any maps or depictions which Tenant has shown or will show to Landlord (including, without limitation, Exhibit B attached hereto) are approximations only and are subject to change by agreement of Tenant and Landlord. During the Diligence Period (as defined below), together Tenant shall assess the Land to determine the most suitable location for the System, and Tenant and Landlord shall establish the final Lease Boundary Line in accordance with non-exclusive right of access Section 4.C below. Until the final Lease Boundary Line is established, any reference to the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to the terms and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below in Section 3(a), herein shall be limited deemed to only include the space which Tenant has been granted a specific permit by entirety of the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1Land.
(b) During the term of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord shall have the right to enter upon the Premises to inspect, 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 applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and Tenant hereby agrees to reimburse Landlord for the same within C. Within thirty (30) days after receipt following the “Construction Commencement Date” (as defined in Section 6.A below), Tenant shall obtain and deliver to Landlord an ALTA survey (the “Survey”), which shall set forth and conclusively establish (1) the metes and bounds legal description of the Lease Boundary Line, and (2) the net acreage (the “Acreage”, and each such acre, an invoice for same.
(c) A revocable installation permit (a “PermitAcre”) of the Premises, being the total Acreage located within the Lease Boundary Line. The parties agree that (A) the Lease Boundary Line and Acreage set forth in the Survey 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 incorporated into this Lease as if fully set forth herein without amendment to this Lease, including compliance with Exhibit 2 and City Codes, compatibility with (B) 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 Acreage set forth in the Survey shall be the Acreage used for purposes of computing Rent. ▇▇▇▇▇▇▇▇ acknowledges and agrees that that the final Acreage of the Premises as established by the Landlord in accordance with Section 510.070 Survey may be less than the approximate acreage of the City’s CodeLand set forth in the Basic Lease Terms Summary, as may which would have the effect of reducing the Rent payable under this Lease, but in no circumstances will the Acreage for the purposes of computing the rent be hereinafter amended or recodifiedless than ten acres. A Permit application If requested by Tenant, Landlord 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 provide written consent to the Bridge, foregoing or an amendment to this Lease expressly incorporating 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installedSurvey into this Lease.
Appears in 1 contract
Sources: Ground Lease Agreement
Leased Premises. (a) In consideration of the payments to Landlord and other terms herein, Landlord The LESSOR hereby leases to Tenantthe LESSEE and the 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 this agreement and identified on Exhibit A, on a non-exclusive basislocated at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, certain space on the Bridge owned by LandlordMaynard, 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 MA (hereinafter referred to as the “Premises”141 ▇▇▇▇▇▇), together with non-exclusive right of access . The LESSEE shall have as appurtenant to (and to the Premises (“Access Areas”extent necessary for the uses permitted hereunder) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlordthe right to use 24 hours per day, 7 days per week, for their intended purposes, in common with the LESSOR and all others, including other tenants of 141 ▇▇▇▇▇▇ 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 ▇▇▇▇▇▇ (collectively hereinafter referred to as the terms and conditions set forth hereinCommon Areas or the Facilities). Installation of any of Tenant’s Equipment and Facilities, defined below In addition to the rights reserved to the LESSOR in Section 3(a), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1.
(b) During the term of this Lease, Tenant 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 its agents141 ▇▇▇▇▇▇ and LESSEE’S Proportionate Share thereof (as hereinafter defined); change the size, engineerslocation or arrangement of Common Areas, surveyorsinstall, 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 ▇▇▇▇▇▇; also to relocate any other Facility, and grant easements or other representatives rights in the Common Areas, if necessary. All changes shall be reasonable, to require that the changes can not unreasonably infringe upon prior reasonable notice to and consent of Landlord shall have the right to enter upon the Premises to inspect, examine, and to apply for and obtain all licenses and permits required for Tenant’s LESSEE’S business operation or use of the Premises from all applicable governmental leased premises and shall require advance notice. The LESSEE shall not be entitled to any compensation or regulatory entities. Any damage caused by Tenant arising from abatement of Base Rent (as hereinafter defined) 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 Additional Rent (as herein after defined) as a result of the granting of such easements so long as LESSOR does not diminish the LESSEE’S right to quiet enjoyment of the Leased Premises can impact the entire Bridge and such repairs may be subject to OSHA compliance, payment of prevailing wageits contemplated operation as an office suite, and for general office use incident thereto and for no other applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for samepurposes.
(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 City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installed.
Appears in 1 contract
Sources: Commercial Lease (Telemynd, Inc.)
Leased Premises. (a) In Subject to the terms, provisions and conditions hereinafter set forth, and in consideration of the payments to Landlord covenants of payment and other terms performance stipulated herein, Landlord has leased, demised and let and by these presents does hereby leases to lease, demise and let unto Tenant, for the uses described in Section 1.03, that certain parcel of land (the “Land”) more particularly described on Schedule A attached hereto and made a non-exclusive basispart hereof) together with all structures, certain space on improvements and additions thereon consisting of, inter alia, an approximately 107,654 square foot building (the Bridge owned by Landlord“Building”) and the adjacent parking structure (collectively, comprising of designated space upon the City’s Bridge “Improvements”) known and numbered as authorized by individual permits issued under this Lease as depicted on the attached Exhibit 1 (▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, and all rights, easements, appurtenances, privileges and advantages belonging thereto. The Land and Improvements are hereinafter collectively referred to as the “Demised Premises” or “Premises”), together with non-exclusive right of access to have and to hold the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlordunto Tenant, and the Tenant’s permitted successors and assigns for and during the term hereinafter set forth subject to the terms terms, covenants and conditions hereinafter set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below in Section 3(a), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1forth.
(b) During Landlord represents and warrants to Tenant that on the term date of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent delivery of Landlord shall have the right to enter upon possession of the Premises to inspectTenant to Landlord’s knowledge, examinewithout due inquiry, (a) there are no violations of any statutes, laws, ordinances, orders, rules, regulations and other governmental requirements relating to apply for the use, condition and obtain all licenses occupancy of the Premises, or any rules, orders, regulations and permits required for requirements of the board of fire underwriters, or any similar body having jurisdiction over the Premises that would prevent or delay Tenant’s use occupancy 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 Premises, (b) the Premises can impact the entire Bridge and such repairs may be subject to OSHA complianceused for general office purposes under the current zoning laws and restrictions, payment of prevailing wage, and other applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and 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 as of the Commencement Date, all building systems (a “Permit”other than the HVAC system, as to which Landlord makes no representations or warranties) 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 Bridgeare in working order, and authorization rights. Prior to installation (d) Landlord has not received notice of Tenant’s Equipment any violation of any environmental laws and Facilities, Tenant shall apply for a Permit, on an application form provided by Landlord, regulations and pay all applicable fees. The cost of such Permits shall be established by the Landlord there exists no hazardous wastes thereon except those stored and kept in accordance with Section 510.070 of the City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installedall laws.
Appears in 1 contract
Sources: Lease Agreement (GTJ REIT, Inc.)
Leased Premises. (a) In consideration of Subject to the payments to Landlord rent, terms and other terms hereinconditions herein set forth, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on Tenant and Tenant hereby rents from Landlord the 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 “Leased Premises”), together with non-exclusive right of access to the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to the terms and conditions set forth herein. Installation provisions of any of Tenant’s Equipment this Lease to have and Facilitiesto hold for the Term, defined below in Section 3(a), unless the Term shall be limited sooner terminated as hereinafter provided. In addition, as an appurtenance to only this Lease, Tenant shall have the space which Tenant has been granted a specific permit by general and non-exclusive right to use the City Common Area subject to access the terms and install its Equipment and Facilities as described in Subsection (c) conditions of this Section 1.
(b) During the term Lease. For purposes of this Lease, Tenant Common Area shall include all areas, improvements, facilities and its equipment from time to time designated by Landlord for the general and nonexclusive common use or benefit of Tenant, other tenants of the Building, Landlord, and their respective officers, partners, directors, employees, agents, engineerslicensees, surveyorscontractors, customer and invitees, to the extent customers and invitees are under the principals control or direction, including the following: (i) any areas in the Building devoted to lobbies, conference rooms, hallways, elevators, rest rooms, janitorial closets, mailrooms, and other representatives upon prior reasonable notice to similar facilities provided for the common use or benefit of tenants generally and/or for the public located in the Building (but shall not include any such areas designated for the exclusive use or benefit of a particular tenant); (ii) portions of the Building used for mechanical rooms, electrical facilities, telephone closets, fire towers and consent building stairs (but shall not include any such areas designated for the exclusive use or benefit of a particular tenant); (iii) elevator shafts, vents, stacks, pipe shafts and vertical ducts; and (iv) those portions of the Building and/or the Building Land which are provided and maintained for the common use and benefit of Landlord shall have and tenants of the right to enter upon the Premises to inspectBuilding only and employees and invitees and licensees of Landlord and such tenants; including, examinewithout limitation, all atriums, walkways, parking areas, and to apply for all streets, sidewalks and obtain all licenses and permits required for Tenant’s use of landscaped areas comprising 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 applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for sameBuilding Land.
(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 City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installed.
Appears in 1 contract
Leased Premises. (a) In consideration of the payments to Landlord and other terms herein, Landlord The LESSOR hereby leases to Tenantthe LESSEE and the LESSEE hereby leases from the LESSOR approximately 1,800 rentable square feet being a portion of Suite 306 and as defined in the Lease Schedule listed below in section 2 of this agreement and identified on Exhibit A, on a non-exclusive basislocated at 1▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, certain space on the Bridge owned by LandlordMaynard, 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 MA (hereinafter referred to as the “Premises”141 P▇▇▇▇▇), together with non-exclusive right of access . The LESSEE shall have as appurtenant to (and to the Premises (“Access Areas”extent necessary for the uses permitted hereunder) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlordthe right to use 24 hours per day, 7 days per week, for their intended purposes, in common with the LESSOR and all others, including other tenants of 141 P▇▇▇▇▇ 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 P▇▇▇▇▇ (collectively hereinafter referred to as the terms and conditions set forth hereinCommon Areas or the Facilities). Installation of any of Tenant’s Equipment and Facilities, defined below In addition to the rights reserved to the LESSOR in Section 3(a), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1.
(b) During the term of this Lease, Tenant 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 its agents141 P▇▇▇▇▇ and LESSEE’S Proportionate Share thereof (as hereinafter defined); change the size, engineerslocation or arrangement of Common Areas, surveyorsinstall, 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 P▇▇▇▇▇; also to relocate any other Facility, and grant easements or other representatives rights in the Common Areas, if necessary. All changes shall be reasonable, to require that the changes can not unreasonably infringe upon prior reasonable notice to and consent of Landlord shall have the right to enter upon the Premises to inspect, examine, and to apply for and obtain all licenses and permits required for Tenant’s LESSEE’S business operation or use of the Premises from all applicable governmental leased premises, and shall require advance notice. The LESSEE shall not be entitled to any compensation or regulatory entities. Any damage caused by Tenant arising from abatement of Base Rent (as hereinafter defined) 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 Additional Rent (as herein after defined) as a result of the granting of such easements so long as LESSOR does not diminish the LESSEE’S right to quiet enjoyment of the Leased Premises can impact the entire Bridge and such repairs may be subject to OSHA compliance, payment of prevailing wageits contemplated operation as an office suite, and for general office use incident thereto and for no other applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for samepurposes.
(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 City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installed.
Appears in 1 contract
Leased Premises. (a) In Landlord, in consideration of the payments payment of Rent and the performance by Tenant of all other terms, covenants and conditions of this Lease (subject to Landlord notice and other terms cure provisions set forth herein, Landlord hereby if applicable), leases to Tenant, on a nontogether with the right in common with others to the Common Areas as described in Exhibit B, the Premises located in the Building. Tenant accepts the Premises, the Building and the Common Areas “AS-exclusive basisIS”, certain space on the Bridge owned without any representation or warranty of any kind, express or implied, by Landlord, comprising other than as expressly set forth in this Lease. Landlord has exclusive control of designated space upon all Common Areas, subject to Tenant’s use and access rights, if any, described in Exhibit B. Landlord and Tenant stipulate and agree to the Cityrentable square footages set forth in the “Basic Terms and Definitions” Section, without regard to actual measurements. Notwithstanding the foregoing, in the case of a change to the Project, Landlord may in its sole discretion measure the rentable square footages of the Premises, the Building or the Project (based on the appropriate BOMA standard) and update Tenant’s Bridge as authorized by individual permits issued Share and/or the square footage of the Premises for all purposes under this Lease by delivery of written notice to Tenant. Landlord represents and warrants to Tenant that as depicted of the Lease Commencement Date, (i) the Systems, including, without limitation, the HVAC System serving the Premises, (other than any alteration or modification to the Systems performed by Tenant, any special equipment or systems installed by or for Tenant, and any change or damage to the Systems caused by the moving and installation of Tenants’ Property, fixtures and equipment in the Building) shall be in good working order, unless and to the extent damaged by the acts or omissions of Tenant or any Tenant Party, and (ii) the Premises shall be in material compliance with all Applicable Laws, unless and to the extent a compliance obligation arises as a result of the acts or omissions of Tenant or any Tenant Party, provided Landlord shall have no liability or responsibility for any breach of this representation and warranty unless Tenant delivers notice of such breach within one (1) year of the Lease Commencement Date. Should any of the Systems serving the Premises (including, without limitation, the HVAC System serving the Premises) fail during the period commencing on the attached Exhibit 1 Lease Commencement Date to August 31, 2025 (hereinafter referred to as the “PremisesWarranty Period”), together with non-exclusive right of access then provided Tenant adheres to the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to Service Contract and Maintenance requirements described in this Lease and that such failure is not the terms and conditions set forth herein. Installation of any result of Tenant’s Equipment and Facilitiesnegligence, defined below in Section 3(a)abuse or misuse, shall be limited any alteration or modification to only the space which Tenant has been granted a specific permit Systems performed by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1.
(b) During the term of this LeaseTenant, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord shall have the right to enter upon the Premises to inspect, examine, and to apply for and obtain all licenses and permits required any special equipment or systems installed by or 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 applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and 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 City’s Code, as may be hereinafter amended or 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 Bridge, the Equipment and Facilities proposed to be attached to the Bridge (with exact dimensions), and any other information that change or damage to the Landlord determines is applicable within Systems caused by the Permit application documents. All permit requests shall be accompanied by a structural engineering analysis indicating that the work proposed moving and installation of Tenants’ Property, fixtures and equipment in the Permit Building, then Landlord shall not effect promptly repair or replace, as necessary, said System upon written notice from Tenant delivered to Landlord prior to the structural integrity end of the Bridge, including any piers, joists, deck, or any other structural element Warranty Period (time being 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 additional 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 as-built schematics of the Equipment and Facilities installedessence).
Appears in 1 contract
Sources: Lease (Unusual Machines, Inc.)
Leased Premises. (a) In consideration of the payments to Landlord and other terms herein, Landlord The Lessor hereby leases to Tenantthe Lessee, on a non-exclusive basisand the Lessee hereby leases from the Lessor, certain space on for the Bridge owned by Landlord, comprising of designated space term and upon the City’s Bridge conditions contained in this Lease, that portion of the second floor of the building located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Springfield, Massachusetts (the "Building") outlined in blue and labeled as authorized by individual permits issued under this Lease as depicted on the attached Exhibit 1 (hereinafter referred to as the “Premises”), together with non-exclusive right of access to the Premises (“Access Areas”) as reflected "Area #2" on Exhibit 1 or as otherwise reasonably A, which is attached hereto and made available by Landlord, subject to a part hereof (the terms "Leased Premises"). The Leased Premises consist of approximately 2,410 rentable square feet of space. The Building is located within and conditions set forth herein. Installation comprises part of any of Tenant’s Equipment and Facilities, defined below in Section 3(aNorthernEdge Condominium (the "Project"), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1.
(b) During The Lessor leases the term Leased premises to the Lessee together with the following:
(i) The nonexclusive right in favor of the Lessee, its agents, servants, employees and invitees, to park their automobiles within the common areas of the project which are identified as "Permitted Parking Areas" on Exhibit B. All such parking rights are granted by the Lessor to the Lessee in common with all others entitled thereto and only to the extent available and on an equitable basis. The Lessor agrees that it shall not change the Permitted Parking Areas in any manner that materially reduces the number of parking spaces available to the Lessee or in any manner that materially interferes with access to the Leased Premises from the Permitted Parking Areas or results in a substantial variation in the location of the Permitted Parking Areas; and
(ii) The right of access, in common with all others entitled thereto, to the Leased Premises through the common areas located within the Buildings and the entrances to the Buildings, as more particularly described on Exhibit A.
(c) Except as otherwise expressly provided in this Lease, Tenant the Lessor hereby reserves to itself (i) the right to maintain, use, repair and its agentsreplace pipes, engineersducts, surveyorswires, meters and any other equipment, machinery, apparatus, and fixtures located within or without the Leased Premises which service other representatives upon prior parts of the Building; (ii) the right to make changes, alterations, and additions to the Building, common areas, and common facilities provided that any such changes, alterations or additions do not unreasonably structurally change the interior of the Leased Premises and provided that reasonable notice access and service to the Leased Premises is provided; and consent of Landlord shall have (iii) the right to enter the Leased Premises for repair and maintenance purposes upon the Premises reasonable prior notice to inspect, examineLessee, and for emergency purposes at any time, without notice. The Lessor and the Lessee agree that the requirement that the Lessor provide the Lessee with reasonable prior notice in connection with the exercise by the Lessor of its right of entry with respect to apply for and obtain all licenses and permits required for Tenant’s use of the Leased 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 satisfied if the sole responsibility of Tenant. As damage to one part of Lessor provides the Premises can impact the entire Bridge and such repairs may be subject to OSHA compliance, payment of prevailing wage, and other applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related Lessee with prior notice at least twenty-four (24) hours prior to the Bridgeexercise by the Lessor of its right of entry, or causing except in the same to be done, and billing Tenant for the costs of such repairs and Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt event of an invoice for sameemergency.
(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 City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installed.
Appears in 1 contract
Sources: Lease (Physicians Quality Care Inc)
Leased Premises. (a) In For and in consideration of the payments rents to Landlord be paid and other terms hereinthe covenants and conditions to be kept and performed by Tenant, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on the Bridge owned by and Tenant hires from Landlord, comprising of designated space upon the City’s Bridge as authorized by individual permits issued under this Lease as that certain real property described in Exhibit A and depicted on the Exhibit B, each attached Exhibit 1 hereto and incorporated herein by this reference (said real property and all improvements from time to time constructed thereon being hereinafter referred to as the “"Premises”"), together with non-exclusive right . The Premises totals approximately 70.35 net acres and is composed of access to two portions designated in Exhibit A and B as the Premises "Exclusive Area" (“Access Areas”approximately 27.73 acres) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to and the terms and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below in Section 3(a"Common Area" (approximately 42.62 acres), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1.
(b) During Tenant's right, title and interest in the term Common Area shall consist of this Lease, the right to use said portion Of the Premises for the sole purpose of (i) providing to Tenant and its agentscustomers, engineers, surveyors, licensees and other representatives upon prior reasonable notice business invitees vehicular and pedestrian ingress to and consent egress from the parking area over the existing driveway from Irvine Center Drive, (ii) establishing, maintaining and operating parking toll booths for the collection of Landlord shall have the right fees charged by Tenant to enter upon the Premises to inspectits customers, examine, licensees and to apply business invitees 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 parking area, and (iii) use including installation of Equipment and Facilities shall be the sole responsibility of Tenant. As damage to one part of the Premises can impact existing parking area. Tenant shall have no right to charge any fee to any person utilizing the entire Bridge and such repairs may be subject to OSHA compliance, payment of prevailing wagedriveway or parking area other than in connection with the Amphitheater, and other applicable requirements for work on public propertyshall have no right to charge any fee to any customer, nothing licensee or business invitee of any person or entity to which Landlord has or will in this Lease prevents Landlord from promptly making the future grant any repairs right or taking other actions related license to non-exclusive use of the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for sameCommon Area.
(c) A revocable installation permit (a “Permit”) shall be required for each and every installation of Tenant’s Equipment and Facilities so Tenant acknowledges that Landlord can review has granted and conveyed to The Splash, a California limited partnership, certain non-exclusive rights to use portions of the proposed space of each such installation Common Area for compliance with this Leaseparking, including compliance with Exhibit 2 ingress and City Codes, compatibility egress in connection with the Bridgeoperation of a water theme amusement park, and authorization rights. Prior to installation of Tenant’s Equipment that such right and Facilities, license in not inconsistent with the rights granted 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 City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installedherein.
Appears in 1 contract
Sources: Ground Lease (SFX Entertainment Inc)
Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises demised hereunder are described in Exhibit A hereto. Tenant shall be entitled to the following as appurtenances to the Leased Premises: the right to use (a) In consideration Parking Areas, (b) for Tenant's non-exclusive use, the roof of the payments to Building in accordance with Section 3.5 hereof, (c) for Tenant's exclusive use, the restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant; provided that if such facilities also serve floors in a Building that is not fully leased by Tenant, Tenant's use of such facilities shall be non-exclusive and in common with Landlord and other terms hereintenants or occupants of the floors also serviced by such facilities and (d) in common with Landlord and other tenants or occupants of the Projects, their invitees and guests and others as designated by Landlord hereby leases from time to time, all areas, facilities and systems, including risers, telephone, electric and other utility closets in the Buildings and other portions of the Projects available from time to time for the common use of tenants in the Buildings (all such areas, facilities and systems, together with all areas, facilities and systems denominated as "Building Common Areas" and "Floor Common Areas" in the Measurement Standard, the "Common Areas") and all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5 hereof including, but not limited to, the right of Tenant, on a its employees and invitees, in common with Landlord and other persons, to use any non-exclusive basiseasements and/or licenses in, certain space on about or appurtenant to the Bridge owned by LandlordProjects, comprising of designated space upon including but not limited to 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 “Premises”), together with non-exclusive right of access to use any walkways, tunnels, and skywalks connected to the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to the terms and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below in Section 3(a), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1Projects.
(b) During the term of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord shall have the right to enter upon the Premises to inspect, 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 applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and 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 City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installed.
Appears in 1 contract
Sources: Master Lease Agreement (American Financial Realty Trust)
Leased Premises. (a) In consideration of The Landlord by these presents does hereby lease and rent to the payments to Landlord and other terms herein, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on the Bridge owned by Landlord, comprising of designated space and said Tenant hereby agrees to lease and take 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 “Premises”), together with non-exclusive right of access to the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to the terms and conditions set forth hereinherein 24,412 square feet (the "leased premises") in a building located at ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ (said leased premises being shown in red outlining on the plan attached hereto and marked Exhibit "A"). Installation of any of Tenant’s Equipment and Facilities, defined below in Section 3(a), 's right to use parking facilities shall be limited restricted to only 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 space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities areas designated on Exhibit "A" as described in Subsection (c) of this Section 1.
(b) permitted parking areas. During the term of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon lease after fifteen (15) days prior reasonable written notice to and consent of Tenant, Landlord shall have the right to enter upon change the Premises area or areas designated for permitted parking by the Tenant, but Landlord shall not exercise this right unless reasonably necessary to inspect, examine, do so and to apply for and obtain all licenses and permits required in no event shall Landlord provide less than ninety (90) spaces for Tenant’s '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 which 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 applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related reasonable proximity to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and 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 City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 Facilitiesleased premises. Tenant shall not park abandoned vehicles in the 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 Tenant for light assembly and manufacturing, distribution, warehouse and related office uses, subject to such uses being permitted by federal, state and local laws, ordinances, rules and regulations; however, (i) hazardous wastes, as defined in ISRA from time to time (ISRA is defined in Section 34 hereof), shall not be generated in the leased premises, except Tenant may be a small quantity generator as defined in the New Jersey environmental laws, and (ii) Tenant will not have six (6) months 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 issuance leased premises as a major product or as a major component of a Permit to complete any installation work approved. Failure to complete such work within said timeframe shall result product manufactured in that specific Permit being null and void. Upon completion of the work authorized in a Permit, Tenant shall promptly provide to the Landlord as-built schematics of the Equipment and Facilities installedleased premises.
Appears in 1 contract
Leased Premises. (a) In consideration Pursuant to the terms and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises 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 2010B Project is sited part of the payments Premises and subject to Landlord this Ground Lease.
(b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises:
(i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the 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 Servient Property (e.g., the 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 Servient Property, together with the 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 2010B Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2010B 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 terms herein, Landlord hereby leases to Tenant, utility fixtures and appurtenances which are located on a non-exclusive basis, certain space or within either the Premises or the Series 2010B Project on the Bridge owned by Landlordone hand or the Servient Property or Servient Buildings on the other hand and which, comprising of designated space directly or indirectly, in any way, service the other.
(B) All division walls (hereinafter referred to as "Party Walls") between the Series 2010B Project and the Servient Buildings upon the City’s Bridge as authorized by individual permits issued under this Lease as depicted on common line between the attached Exhibit 1 Premises and the Servient Property (hereinafter referred to as the “Premises”), together with non-exclusive right of access "Lot Line") provided that the mere fact that such a division wall is found not to be on the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to Lot Line shall not preclude that division wall from being the terms and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below in Section 3(a), shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1Party Wall.
(bC) During The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the term roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2010B Project and the Servient Buildings. Should the Roofing of this Leaseany building constituting a portion of the Project extend beyond the Lot Line, Tenant the right therefor is hereby granted and its agentsshould the Roofing of the Servient Building extend beyond the Lot Line onto the premises, engineersthe 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 2010B Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2010B Project extend beyond the Lot Line onto the Premises, surveyorsthe right therefor is hereby reserved.
(iii) The Premises Rights further include that right of the Series 2010B Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, and other representatives upon prior reasonable notice construction or reconstruction or due to and consent settlement or movement. The encroaching Series 2010B Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of Landlord the Servient Property on which same exists shall have be deemed to be a part of the Premises. In addition, the Premises Rights include the right to enter upon the Premises to inspect, examine, and to apply for and obtain all licenses and permits required for Tenant’s use utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2010B Project. The Premises from all applicable governmental or regulatory entities. Any damage caused by Tenant arising from or Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements 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 favor of the Premises can impact Corporation (and like rights are hereby reserved unto the entire Bridge and such repairs may be subject to OSHA compliance, payment of prevailing wage, and other applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant Board) for the costs continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such repairs and Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for sameCommon Structural Elements.
(c) A revocable installation permit Subject to the Permitted Encumbrances, the Board hereby warrants that (a “Permit”i) shall be the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required for each 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 every installation provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of Tenant’s Equipment record applicable to the Premises and Facilities so the Servient Property. The Board represents and warrants that Landlord can review none of the proposed space Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease.
(d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2010B Project, the Board reserves the exclusive right to use each such installation for compliance with this Lease, including compliance with Exhibit 2 Existing School until the replacement school (being constructed under the scope of the Series 2010B Project) is completed 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 then occupied by the Landlord in accordance with Section 510.070 of Board under the City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installedLease Agreement.
Appears in 1 contract
Sources: Ground Lease Agreement
Leased Premises. That portion of the Building indicated in red on Exhibit B, on the floor(s) indicated thereon, together with a common area percentage factor determined by Landlord, resulting in 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 Building, other than and in addition to the 1,159 square feet of space of the Building, necessary for the installation, construction, connection, use and maintenance by Tenant and its officers, employees, and agents (including without limitation a local telephone company) of Tenant's Equipment (as hereinafter defined) and such additional telephone cables, conduits and other 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. Any damage done to the building, including but not limited to the lease space, by any contractor working for the tenant shall be fully repaired at LESSEE'S sole expense. The location and configuration of Tenant's Equipment in the Utilities Installation Space shall be designated by Tenant, 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) In consideration all cable, telephone switching equipment, environmental control equipment, power equipment, and auxiliary equipment within the Premises, including the Utility Installation Space; and (b) all cables within conduits throughout the entire Premises. Tenant shall procure and install all such Tenant's Equipment at its sole cost and expense without obtaining consent of the payments to Landlord and other terms herein, therefor. Landlord hereby leases to acknowledges that all of Tenant's Equipment shall, on a non-exclusive basis, certain space on notwithstanding the 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 “Premises”), together with non-exclusive right of access to the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to the terms and conditions set forth herein. Installation incorporation of any of Tenant’s Equipment and Facilitiesthe same into the Premises, defined below in Section 3(a), shall be limited to only at all times remain the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1.
(b) During the term of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord shall have the right to enter upon the Premises to inspect, examine, and to apply for and obtain all licenses and permits required for Tenant’s use property of the Premises from all applicable governmental or regulatory entitiesTenant. Any damage caused by Tenant arising from or hereby acknowledges that Landlord is not liable 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 applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant for the costs installation and/or operation and/or maintenance of such repairs and Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for samethis equipment.
(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 City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installed.
Appears in 1 contract
Leased Premises. (a) In consideration of the payments to Landlord and other terms herein, Landlord hereby leases to Tenant, on Tenant those certain portions of the rooftop of a non-exclusive basis, certain space building (the “Building”) located at the Site Address indicated on the Bridge owned by Landlordfirst page of this Agreement and containing approximately square feet, comprising of designated space upon 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 City’s Bridge as authorized by individual permits issued under this Lease as depicted on the attached Exhibit 1 (hereinafter referred to as the “Leased Premises” or “Premises”). In connection with the Leased Premises, together Landlord also hereby grants to Tenant a royalty-free, irrevocable license coterminous with non-exclusive right the Lease Term (as defined hereinafter), inclusive of the Tenant Removal Period (as defined hereinafter), to other portions of the Building and the land on which the Building is located (collectively, 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 the siting, erection, construction, reconstruction, installation, replacement, relocation, removal, operation, repair and maintenance of the Solar Array on the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to collectively in the terms and conditions set forth herein. Installation case of any of Tenant’s Equipment and Facilities, defined below in Section 3(a(i), (ii), (iii) and (iv), the “Licensed Area”); provided, however, that any such use or occupancy of the foregoing Licensed Areas by Tenant shall be limited to only the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities as described in Subsection (c) of this Section 1.
(b) During the term of this Leasenot unreasonably interfere with Landlord’s or Landlord’s tenants, Tenant and its agentsif any, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord shall have the right to enter upon the Premises to inspect, 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 applicable requirements for work on public property, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related to the Bridge, or causing the same to be done, and billing Tenant for the costs of such repairs and Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for sameProperty.
(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 City’s Code, as may be hereinafter amended or 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 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 Bridge, including any piers, joists, deck, or 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 additional 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 as-built schematics of the Equipment and Facilities installed.
Appears in 1 contract
Sources: Lease Agreement