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
Samples: Lease Agreement, Lease 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 000 Xxxxxxxxxx Xxxx, certain space on the Bridge owned by LandlordXxxxxx Xxxx, 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 XX 00000 (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
Samples: Lease Agreement, Lease Agreement (Advanced Cannabis Solutions, Inc.)
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
Samples: 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 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
Samples: Ground Lease Agreement, Ground Lease Agreement
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 000 Xxxxxxxxx Xxxx, Xxxxxxxxx, Xxxxxx Xxxxxx, Xxx Xxxxxx (said leased premises being shown in red outlining on the plan attached hereto and marked Exhibit "A"). 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 X. XXXXXXXX, for and 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 herein contained to be kept, performed, and observed by COUNTY, and for and in consideration of the rent provided for in Section 4 does lease to COUNTY, and COUNTY does rent and accept from LANDLORD the certain portion of real property located at Eustis Square Shopping Center, Xxxx 000X, Xxxxxx Xxxxxx, Xxxxxx, Xxxxxxx 00000, consisting of 4,762 square feet, hereinafter the “Leased Premises.” In addition to the Leased Premises, LANDLORD shall allow COUNTY the right, access, and use of the parking lot areas and the rear access area of the Leased Premises.
B. LANDLORD shall, at LANDLORD’S expense, construct the improvements identified on in Exhibit A, and incorporated herein by reference, hereinafter the “Improvements.” In addition, the LANDLORD will ensure that the mechanical aspects of the HVAC system, plumbing, electrical, fire suppression, roof, and ceiling system are in good working order.
C. ANY ADDITIONAL IMPROVEMENTS OR CHANGE ORDERS THAT REQUIRE A MONETARY INCREASE TO THE IMPROVEMENTS, WILL REQUIRE AN AMENDMENT TO THIS LEASE AGREEMENT AND SIGNED BY THE PARTIES.
D. The timely completion of these Improvements is a material inducement to the COUNTY to enter into this Lease Agreement. LANDLORD shall be required to deliver the Leased Premises to the COUNTY in a broom clean, turnkey condition by November 1, 2023, or upon issuance of the Certificate of Occupancy (CO), whichever is later. Prior to COUNTY’S acceptance of the Leased Premises, the LANDLORD shall provide a copy of the final CO approved by the City of Eustis. If the CO is not issued by December 1, 2023, and the Leased Premises is not delivered to the COUNTY by the date and in the condition set forth herein. Installation , this Lease Agreement shall be deemed null and void, unless the COUNTY agrees in writing to an extension of any time.
E. The Improvements shall not exceed $21,700.00, which LANDLORD has agreed to pay for in advance, and upon issuance of Tenant’s Equipment and Facilities, defined below in Section 3(athe Certificate of Occupancy (CO), shall be limited to only COUNTY will reimburse 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 LANDLORD within fourteen (c14) days 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 receipt of the Premises from all applicable governmental or regulatory entitiesCO an amount not to exceed $21,700.00. Any damage caused by Tenant arising from or in any way caused by Tenant’s use including installation of Equipment and Facilities shall Final payment will 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 contingent upon LANDLORD providing an invoice for sameactual construction costs not exceeding the stated amount.
(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
Samples: Lease Agreement
Leased Premises. (a) In consideration of for the payments rent to Landlord be paid and other terms hereincovenants to be performed by Tenant, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on and Tenant leases from Landlord for the Bridge owned by Landlord, comprising of designated space Rental Term and upon the City’s Bridge as authorized by individual permits issued under this Lease as depicted on terms and conditions herein set forth, the attached Exhibit 1 premises described in Section 1.01(I) (hereinafter referred to as the “Leased Premises”), located in an office building development referred to in Section 1.01(H) (hereinafter referred to as the “Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. The exterior walls and roof of the Leased Premises and the areas beneath said Leased Premises are not demised hereunder and the use thereof together with non-exclusive the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which will not materially interfere with Tenant’s use thereof and serving other parts of the building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the Premises (“Access Areas”) balance of the building and reserved areas and elements 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 above; 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 right to install or maintain meters on the Leased Premises to monitor use of this Leaseutilities. In exercising such rights, Landlord will use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII and Section 27.11, Tenant and its agentscustomers, engineers, surveyors, agents and other representatives upon prior reasonable notice to and consent of Landlord shall invitees have the right to enter upon the Premises to inspectnon-exclusive use, examinein common with others of such unreserved automobile parking spaces, 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 compliancedriveways, payment of prevailing wagefootways, and other applicable requirements facilities designated for work on public propertycommon use within the Building, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related except that with respect 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 Facilitiesnon-exclusive areas, Tenant shall apply cause its employees to park their cars only in areas specifically designated from time to time by Landlord for a Permit, on an application form provided by Landlord, that purpose and pay all applicable feesshall actively police employees to keep them from parking in “visitor” or other restricted parking areas. The cost of such Permits Tenant shall be established by entitled to the Landlord use of covered parking spaces in accordance with the provisions of 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 utilized1.01(S), 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
Samples: Lease Agreement (Lifevantage Corp)
Leased Premises. (a) In consideration 1.1 The Leased Premises consists of that portion of the payments Building containing approximately 57,939 square feet of space based on outside outside dimen-sions to Landlord and other terms hereincenter line of common wall. For the purposes of this lease, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on the Bridge owned by Landlord, comprising Leased Premises shall constitute 64.4% of designated space upon the City’s Bridge as authorized by individual permits issued under this Lease as depicted on total rentable area of the attached Exhibit 1 Building (hereinafter referred to as the “Premises”"Tenant's Percentage"), together with non-exclusive right which Tenant's Percentage shall be applicable to all of access Tenant's pro rata costs to be paid as additional rent as hereinafter in this lease provided. Tenant's Percentage shall be revised in 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 event of any increase or decrease in the total rentable area of the Building effective as of the date of any such change.
1.2 The Landlord will provide Tenant with one hundred seventy-five (175) parking spaces for Tenant’s Equipment 's exclusive use, and Facilitiesfor Tenant's employees, defined below in Section 3(a)agents, servants and invitees, which parking spaces shall be limited to only designated on the space which Tenant has been granted a specific permit by the City to access and install its Equipment and Facilities Site Plan, as described in Subsection (c) of this Section 1hereinafter defined.
(b) During the term of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of 1.3 Landlord shall have reserves the right to enter upon promulgate reasonable rules and regulations with respect to the operation of the Leased Premises and the Building, which rules and regulations shall be applicable to inspect, examineall tenants of the Building. Tenant further agrees to furnish to Landlord license and car information as to its employees who may be using the parking lot as may be required by the Landlord, and Tenant further agrees to apply for and obtain all licenses and permits required for Tenant’s comply with such reasonable regulations and/or requirements in connection with the 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 parking facilities as shall be the sole responsibility of Tenant. As damage made applicable to one part all tenants of the Premises can impact Building.
1.4 It is understood and agreed that the entire Bridge Building and such repairs may be subject the Property, including the common areas thereof, are located upon that complex (herein-after referred to OSHA complianceas the "Complex") which is being constructed by Landlord on the Property identified on Schedule "A". It is expressly understood and agreed that the architectural design, payment including aesthetic concepts and use of prevailing wagethe Complex, is and other applicable requirements for work on public property, nothing shall remain in this Lease prevents the control of the Landlord. The Landlord from promptly making does hereby reserve the right at any repairs or taking other actions related time to make changes and additions to the BridgeComplex without restriction, including, without limitation, eliminating land, adding land, decreasing or causing changing the same to be doneComplex, 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 LeaseLeased Premises excepted, 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 which changes are deemed desirable by Landlord, and pay all applicable fees. The cost the making of such Permits changes or additions shall be established by the Landlord in accordance with Section 510.070 not invalidate or affect this lease or any rights hereunder nor constitute an eviction of Tenant or a breach of this lease, nor give rise to any claim for damages, provided that any of the City’s Code, as may be hereinafter amended foregoing shall not decrease or recodified. A Permit application shall describe impair the space on the Bridge that Tenant proposes to attach to (including, specifically, the exact dimensions use and enjoyment 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 installedLeased Premises as originally leased hereunder.
Appears in 1 contract
Samples: Lease Agreement (Lifecell Corp)
Leased Premises. (a) In consideration of the payments to A. Landlord demises and other terms herein, Landlord hereby leases to Tenant, on and Tenant leases and takes from Landlord, the Leased Premises together with the right to use for ingress to and egress from the Leased Premises, in common with others, the Common Areas. Landlord has the exclusive right, subject to any express limitation set forth in Section 4.04 and Article XIX hereof, to (i) use the exterior faces of all perimeter walls of the Building, the roof and all air space above the Building and (ii) install, maintain, use, repair and replace pipes, ducts, cables, conduits, plumbing, vents, utility lines and wires to, in, through, above and below the Leased Premises and other parts of the Building; provided, that if any such pipes, ducts, cables, conduits, plumbing, vents, utility lines and wires are installed in the Leased Premises by Landlord pursuant to this Article II or Section 7.02, then (a) Landlord shall use reasonable efforts to either install such items within or behind the walls or above the ceiling or as near to a non-exclusive basis, certain space wall or ceiling of the Leased Premises as is reasonably practicable or otherwise minimize the impact such items may have on the Bridge owned interior design of the Leased Premises, and (b) Landlord shall repair any damage caused by Landlordsuch installation.
B. Provided Tenant has delivered to Landlord evidence reasonably satisfactory to Landlord that all insurance required to be carried by Tenant and its contractor hereunder is effective, 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 Tenant shall have access to the Leased Premises (“Access Areas”) as reflected on Exhibit 1 immediately upon the Term Commencement Date; provided, however, Tenant shall not be entitled to make any alterations or as otherwise reasonably made available by Landlord, subject improvements to the terms and conditions set forth hereinLeased Premises until the Plans (as defined in the Work Agreement) have been finally approved by Landlord in accordance with the Work Agreement. Installation Except for purposes of any of Tenant’s Equipment and Facilities, defined below constructing the Tenant Work in Section 3(a), shall be limited to only accordance with 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 LeaseWork Agreement, Tenant shall not be permitted to occupy the Leased Premises for purposes of conducting its business therein or for any other purpose, unless and its agents, engineers, surveyors, until Tenant delivers to Landlord a certificate of occupancy and any 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 approvals required for Tenant’s use occupancy of the Leased Premises from any governmental authorities having jurisdiction over the Leased Premises, all applicable governmental or regulatory entities. Any damage caused of which shall be obtained by Tenant arising from or in any way caused by at Tenant’s use including installation sole cost and expense. If Landlord notifies Tenant that the Leased Premises are otherwise available for Tenant to take possession thereof, but Tenant is not permitted to take possession of Equipment the Leased Premises because Tenant has failed to deliver to Landlord evidence reasonably satisfactory to Landlord that all insurance required hereunder to be carried by Tenant and Facilities its contractor is effective, then (i) Landlord shall be deemed to have tendered possession of the sole responsibility Leased Premises to Tenant, (ii) neither the Term Commencement Date, nor the Rent Commencement Date shall be delayed as a result thereof, and (iii) Tenant shall be entitled to access the Leased Premises when such evidence of insurance has been delivered to Landlord.
C. In the event that as of the Term Commencement Date the Common Restrooms are in violation of any laws, rules, regulations or legal requirements, then in effect, of any governmental authority having jurisdiction over the Building or the Leased Premises (an “Existing Common Restroom Violation”) and Tenant notifies Landlord of such Existing Common Restroom Violation within 30 days after the Term Commencement Date (“Violation Notice Date”) and prior to making any improvements or alteration (other than cosmetic alterations such as painting and floor and wall covering), Landlord shall either (i) make such improvements or alteration required to cure any such Existing Common Restroom Violation, or (ii) reimburse Tenant for the reasonable cost of such improvements or alteration required to cure any such Existing Common Restroom Violation, provided such costs are approved by Landlord in advance. Notwithstanding anything contained herein to the contrary (including the provisions of Section 10.04 and 4.02.B), in the event that Tenant makes any alteration to any component of the Common Restrooms to which any such Existing Common Restroom Violation applies, Landlord shall not have any obligation with respect to such Existing Common Restroom Violation and Tenant shall be required to bring such component into compliance with any and all laws, rules, regulations and legal requirements of any governmental authority having jurisdiction over the Building or the Leased Premises (including curing any Existing Common Restroom Violation). In addition, notwithstanding any other provision of this Lease to the contrary (including the provisions of Section 10.04 and 4.02.B), from and after the Violation Notice Date, Tenant. As damage to one , as a part of the Premises can impact the entire Bridge Tenant Work and such repairs may be subject to OSHA complianceat its sole cost, 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 to cure any Existing Common Restroom Violation, unless Tenant has given Landlord notice of such Existing Common Restroom Violation prior to the Violation Notice Date and Tenant does not alter the component of the Common Restrooms to which such Existing Common Restroom Violation applies. Tenant shall also be responsible for each and every installation the cost of any Tenant Work or Alteration to the Common Restrooms undertaken by 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 feesany improvements that exceed current code. The cost incurred in connection with Landlord’s repair, maintenance and cleaning of such Permits the Common Restroom shall be established by the Landlord included in Operating Costs, subject to and in accordance with Section 510.070 the terms 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 installedthis Lease.
Appears in 1 contract
Leased Premises. (a) A. In consideration of all Tenant’s undertakings hereinafter set forth, including payment of rent as hereinafter specified, and contingent upon the payments to Landlord and other terms hereinsatisfaction of all of the conditions set forth in Section 3 of this Lease (or waiver thereof), Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on the Bridge owned by and Tenant hereby leases from 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 premises (hereinafter referred to as the “Premises”) that are part of the Building located at 000 Xxxxx Xxxxxxxxxx Xxxxx in North Sioux City, South Dakota in the suite/floor area designated in Section 1(a)(2) of the Data Sheet and as shown outlined on the leasing plan attached hereto as Exhibit A, and containing the approximate number of rentable square feet set forth in Section 1(b).
B. During the Term of this Lease, together with non-exclusive Tenant shall have the right of access to the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlorduse, subject to the terms of this Lease, the Rules and Regulations referenced in Section 16 below, and all covenants, conditions set forth herein. Installation and restrictions now or hereafter affecting the Building, the Premises; provided, however, within five (5) days of the Execution Date, Landlord shall deliver a copy of any such covenants, conditions and restrictions of which Landlord has actual knowledge to Tenant’s Equipment . Further, Landlord shall promptly notify Tenant in writing of any modifications to any such covenants, conditions and Facilities, defined below in Section 3(a), shall be limited to only the space restrictions of which Tenant Landlord 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 1actual knowledge.
(b) C. During the term 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 at no additional cost to enter upon Tenant to 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 all applicable governmental existing 500 KW generators upon the following terms and conditions: (i) in no event shall Landlord be deemed to be making any representation and/or warranty with respect to the condition or regulatory entities. Any damage caused by fitness of such generator except as set forth herein; (ii) Tenant arising from or in any way caused by Tenant’s use including installation of Equipment and Facilities shall be responsible for its pro-rata cost of all maintenance and operation associated with 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 generator (as billed by 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 following the delivery of an invoice for samesuch xxxx, as additional rent due under this Lease) as well as all costs associated with segregating circuits of the existing generator, or running new feeds to appropriate distribution panels; (iii) Tenant shall use such generator in accordance with applicable laws, codes, ordinances and regulations; and (iv) Tenant shall obtain the prior written consent of Landlord to any modifications, alterations, improvements or work on such generators.
(c) A revocable installation permit (D. Tenant hereby covenants and agrees that it shall have the right to exclusive use of the building equipment, fixtures and communication cabling located in the Premises which do not service other premises in the Building throughout the Lease Term at no cost or expense to Tenant. Landlord and Tenant acknowledge and agree that Landlord is providing such property to Tenant for its use in an as-is basis without representation or warranty of any kind whatsoever, including the disclaimer of any warranties of merchantability, fitness for a “Permit”) particular purpose or any other thing or nature whatsoever. Tenant shall be required responsible for each the cost of any transportation and every installation reconfiguration of Tenant’s Equipment and Facilities so that Landlord can review any such items.
E. Pending completion of fit-up for 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 FacilitiesPremises, Tenant shall apply for a Permit, on an application form have the use of temporary space provided by LandlordLandlord under the same terms and conditions as this Lease.
F. Subject to existing rights of other Tenants, and pay all applicable fees. The cost Tenant shall have a right of such Permits shall be established by first refusal to enter into a lease for the Landlord in accordance with Section 510.070 remaining approximately 63,641 square feet of space adjacent to the Premises on the second floor of the City’s CodeBuilding on the same terms and conditions contained in this Lease (the “Right of First Refusal”). In the event Landlord desires to lease such additional 63,641 square feet of space, as may be hereinafter amended or recodified. A Permit application shall describe Landlord shall, subject to existing rights of other Tenants, offer the space on to Tenant by notifying the Bridge that Tenant proposes to attach to in writing (including, specifically, the exact dimensions “Right of the portions the Bridge proposed to be utilizedFirst Refusal Notice”), 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 does not exercise its Right of First Refusal by notifying Landlord in writing of such exercise within five (5) days after having received the Right of First Refusal Notice, Landlord shall need additional Equipment and Facilities upon be free to lease 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 installedthird party.
Appears in 1 contract
Samples: Lease (MPC Corp)
Leased Premises. (a) A. In consideration of all Tenant's undertakings hereinafter set forth, including payment of rent as hereinafter specified, and contingent upon the payments to Landlord and other terms hereinsatisfaction of all of the conditions set forth in Section 3 of this Lease (or waiver thereof), Landlord hereby leases to Tenant, on a non-exclusive basisand Tenant hereby leases from Landlord, certain space the premises (the "Premises") that are part of the Building located at 000 Xxxxx Xxxxxxxxxx Xxxxx in North Sioux City, South Dakota in the suite/floor area designated in Section 1(a)(2) of the Data Sheet and as shown outlined on the Bridge owned by Landlordleasing plan attached hereto as Exhibit A, comprising and containing the approximate number of designated space upon rentable square feet set forth in Section 1(b).
B. During the City’s Bridge as authorized by individual permits issued under Term of this Lease as depicted on Lease, Tenant shall have the attached Exhibit 1 (hereinafter referred right 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 Landlorduse, subject to the terms of this Lease, the Rules and Regulations referenced in Section 16 below, and all covenants, conditions set forth herein. Installation and restrictions now or hereafter affecting the Building, the Premises; provided, however, within five (5) days of the Execution Date, Landlord shall deliver a copy of any such covenants, conditions and restrictions of which Landlord has actual knowledge to Tenant’s Equipment . Further, Landlord shall promptly notify Tenant in writing of any modifications to any such covenants, conditions and Facilities, defined below in Section 3(a), shall be limited to only the space restrictions of which Tenant Landlord 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 1actual knowledge.
(b) C. During the term 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 at no additional cost to enter upon Tenant to 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 all applicable governmental existing 500 KW generators upon the following terms and conditions: (i) in no event shall Landlord be deemed to be making any representation and/or warranty with respect to the condition or regulatory entities. Any damage caused by fitness of such generator except as set forth herein; (ii) Tenant arising from or in any way caused by Tenant’s use including installation of Equipment and Facilities shall be responsible for its pro-rata cost of all maintenance and operation associated with 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 generator (as billed by 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 following the delivery of an invoice for samesuch xxxx, as additional rent due under this Lease) as well as all costs associated with segregating circuits of the existing generator, or running new feeds to appropriate distribution panels; (iii) Tenant shall use such generator in accordance with applicable laws, codes, ordinances and regulations; and (iv) Tenant shall obtain the prior written consent of Landlord to any modifications, alterations, improvements or work on such generators.
(c) A revocable installation permit (D. Tenant hereby covenants and agrees that it shall have the right to exclusive use of the building equipment, fixtures and communication cabling located in the Premises which do not service other premises in the Building throughout the Lease Term at no cost or expense to Tenant. Landlord and Tenant acknowledge and agree that Landlord is providing such property to Tenant for its use in an as-is basis without representation or warranty of any kind whatsoever, including the disclaimer of any warranties of merchantability, fitness for a “Permit”) particular purpose or any other thing or nature whatsoever. Tenant shall be required responsible for each the cost of any transportation and every installation reconfiguration of Tenant’s Equipment and Facilities so that Landlord can review any such items.
E. Pending completion of fit-up for 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 FacilitiesPremises, Tenant shall apply for a Permit, on an application form have the use of temporary space provided by LandlordLandlord under the same terms and conditions as this Lease.
F. Subject to existing rights of other Tenants, and pay all applicable fees. The cost Tenant shall have a right of such Permits shall be established by first refusal to enter into a lease for the Landlord in accordance with Section 510.070 remaining approximately 63,641 square feet of space adjacent to the Premises on the second floor of the City’s CodeBuilding on the same terms and conditions contained in this Lease (the “Right of First Refusal”). In the event Landlord desires to lease such additional 63,641 square feet of space, as may be hereinafter amended or recodified. A Permit application shall describe Landlord shall, subject to existing rights of other Tenants, offer the space on to Tenant by notifying the Bridge that Tenant proposes to attach to in writing (including, specifically, the exact dimensions “Right of the portions the Bridge proposed to be utilizedFirst Refusal Notice”), 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 does not exercise its Right of First Refusal by notifying Landlord in writing of such exercise within five (5) days after having received the Right of First Refusal Notice, Landlord shall need additional Equipment and Facilities upon be free to lease 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 installedthird party.
Appears in 1 contract
Samples: Lease (MPC Corp)
Leased Premises. With respect to the Master Lease of the Premises between Licensor and the Master Lessor, a copy of which has been provided to Licensee and the 2550 Stanwell Master Lease, the following additional provisions shall apply: (a) In consideration of if the payments to Landlord and other terms hereinMaster Lease terminates for any reason, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on this License shall terminate concurrently therewith; (b) Licensee shall also have 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 use the common areas outside the Premises that Licensor has the right to use under the Master Lease; (c) Licensee shall not do or permit anything to be done in, about or with respect to the Premises (“Access Areas”) as reflected on Exhibit 1 which would violate the Master Lease or as otherwise reasonably made available by Landlordthe 2550 Stanwell Master Lease or the Sublease, subject to the terms and conditions shall comply with all restrictions set forth herein. Installation in either such master lease and the and all rules and regulations promulgated from time to time by either such master lessor; (d) Licensee shall obtain the prior written consent of Licensor and Master Lessor with respect to any act which, if performed by Licensor, would require Master Lessor’s approval under the Master Lease, and the consent of TenantLicensor may be withheld if Master Lessor’s Equipment consent is not obtained; (e) each provision under the Master Lease in which Licensor is required to (i) indemnify, release or waive claims against Master Lessor and Facilities, defined below in Section 3(a)(ii) execute and deliver documents or notices to Master Lessor, shall be limited binding on Licensee as to only the space which Tenant has been granted a specific permit by Licensed Premises as if incorporated fully herein and shall run from Licensee to both Master Lessor and Licensor; (f) this License shall be at all times subject and subordinate to the City Master Lease; and (g) in the event that Master Lessor objects to access and install its Equipment and Facilities as described the occupancy of Licensee hereunder or declares or threatens to declare Licensor in Subsection (c) default under the Master Lease due to the occupancy of Licensee hereunder, Licensee shall vacate the Licensed Premises immediately upon notice from Licensor, this Section 1.
(b) During the term of this Lease, Tenant and its agents, engineers, surveyorsLicense shall be deemed terminated immediately, and other representatives upon prior reasonable notice to and consent of Landlord neither party 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 liability 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 other 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 respect to the Bridge, Licensed Premises or 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 installedearly termination.
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 000 Xxxxxxx Xxx, Xxxxx X, Xxxx Xxxx Xxxx, Xxxx, which space is outlined in yellow on Exhibit "A" attached. The gross areas of said space is approximately 11,225 square feet.
B. Such nonexclusive rights-of-way, easements, and similar rights with respect to the 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
Samples: Lease Agreement (Cyberkinetics Neurotechnology Systems, Inc.)
Leased Premises. (a) In consideration of the payments to rents, covenants and obligations stipulated herein, the Landlord and other terms hereinthe Tenant(s) have agreed to enter into a Tenancy Agreement (the ‘Lease Agreement’ or ‘Agreement’) for use and occupation of this residential unit for the Leased Premises municipally know as Apartment number ______ in the City of _____________, Landlord hereby leases to TenantProvince of Ontario, on a non-exclusive basis, certain space on the Bridge owned by Landlord, comprising consisting of designated space upon the City’s Bridge as authorized by individual permits issued under this Lease as depicted on the attached Exhibit 1 (_____ bedroom(s) hereinafter referred to as "the “Leased Premises”)". If the Landlord is unable to give possession of the Leased Premises on the date the Tenant is entitled to have possession, together with non-exclusive right the Landlord shall not be subject to any liability for failure to give possession and shall give possession as soon as they are able to do so. The rent shall xxxxx until the Landlord provides possession of access the Rental Unit to the Premises (“Access Areas”) as reflected Tenant. The Landlord’s failure to grant possession on Exhibit 1 or as otherwise reasonably made available by Landlordthe date set out above shall not in any way affect the validity of this Agreement, subject to and the terms and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below obligations or in Section 3(a), shall any way be limited construed 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 extend the term of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord Agreement. This Tenancy Agreement shall have be governed by 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 provisions 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 Residential Tenancies Act, (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 “PermitRTA”) shall be required for each and every installation of Tenant’s Equipment and Facilities so or any successor legislation to 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)Act, and any other information that governing law. The Leased Premises includes 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 rental unit as described above, and 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 addition to the specific location upon Rental Unit 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 use of common areas and facilities on a Permit shared basis only as described and subject to complete any installation work approved. Failure to complete such work within said timeframe shall result restrictions in that specific Permit being null the Rules as set out herein, and void. Upon completion the provisions of the work authorized in Act. The Leased Premises shall be occupied by the Tenant(s) for the purposes of residential occupation only. No business other than that requiring a Permit, Tenant simple home office shall promptly provide to the Landlord as-built schematics be operated out of the Equipment and Facilities installedresidential unit. The existing garage on the property does not form part of the “Leased Premises” unless otherwise set out herein. If the predominant use by the Tenant(s) is other than as a residential tenancy, then the Residential Tenancies Act (the ‘Act’) does not apply.
Appears in 1 contract
Samples: Tenancy 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 000 Xxxxxx Xxxxxx, 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 Xxxxxx), 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 Xxxxxx and their guests and invitees, and subject to such rules and regulations as LESSOR may adopt from time to time, i) walkways, and ii) other common areas of 141 Xxxxxx (collectively hereinafter referred to as the 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 Xxxxxx 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 Xxxxxx; 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
Samples: Commercial Lease (Telemynd, Inc.)
Leased Premises. (a) In The regional development is located in the City of Elizabeth, New Jersey and is commonly known as "Jersey Gardens" or by such other name as Landlord may from time to time designate. Landlord, in consideration of the payments rent to Landlord be paid and other terms herein, Landlord hereby leases the covenants to be performed by Tenant, does hereby demise and lease unto Tenant, and Tenant hereby rents from Landlord for the term herein set forth, those certain premises (herein referred to as the "leased premises") which are described as set forth in the Data Sheet. As used in this Lease, the Addendum and/or Rider, if any, the following terms shall have the following meanings: (i) the term "regional development" shall refer to the Shopping Center and the sites of the Major Tenants; (ii) the term "Major Tenant" shall refer to any occupant of premises containing 15,000 square feet of floor area, or more; and (iii) the term "Shopping Center" shall refer to the regional development excluding the areas occupied by Major Tenants, except as otherwise specifically stated herein. The general layout of the regional development is shown on a non-exclusive basispage 1 of the attached Exhibit "A". Landlord does not warrant or represent that the regional development will be, certain space or has been, constructed exactly as shown thereon. The approximate location of the leased premises is designated on page 2 of Exhibit "A". The legal description of the Bridge owned by Landlord, comprising of designated space upon the City’s Bridge as authorized by individual permits issued under this Lease as depicted regional development is more particularly described on the attached Exhibit 1 (hereinafter referred "B". In the event Landlord elects to as enlarge or reduce the “Premises”)Shopping Center, together with non-exclusive right any additional or reduced area may be included or excluded by Landlord in the definition of access to the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, Shopping Center for purposes of this Lease. This Lease of the leased premises is subject to all applicable budding restrictions, planning and zoning ordinances, governmental rules and regulations, municipal liens and all other encumbrances, covenants, restrictions and easements affecting the regional development and the terms and conditions set forth herein. Installation provisions of any of Tenant’s Equipment certain declarations, underlying leases, reciprocal easement 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 operating agreements now 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 hereafter entered into 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
Samples: Lease Agreement (Cinema Ride Inc)
Leased Premises. (a) In consideration of the payments to rents, covenants and obligations stipulated herein, the Landlord and other terms hereinthe Tenant(s) have agreed to enter into a Tenancy Agreement (the ‘Lease Agreement’ or ‘Agreement’) for use and occupation of this residential unit for the Leased Premises municipally know as Apartment number ______ at _________________________________ in the City of _____________, Landlord hereby leases to TenantProvince of Ontario, on a non-exclusive basis, certain space on the Bridge owned by Landlord, comprising consisting of designated space upon the City’s Bridge as authorized by individual permits issued under this Lease as depicted on the attached Exhibit 1 (_____ bedroom(s) hereinafter referred to as "the “Leased Premises”)". If the Landlord is unable to give possession of the Rental Unit on the date the Tenant is entitled to have possession, together with non-exclusive right the Landlord shall not be subject to any liability for failure to give possession and shall give possession as soon as they are able to do so. The rent shall xxxxx until the Landlord provides possession of access the Rental Unit to the Premises (“Access Areas”) as reflected Tenant. The Landlord’s failure to grant possession on Exhibit 1 or as otherwise reasonably made available by Landlordthe date set out above shall not in any way affect the validity of this Agreement, subject to and the terms and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below obligations or in Section 3(a), shall any way be limited construed 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 extend the term of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord Agreement. This Tenancy Agreement shall have be governed by 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 provisions 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 Residential Tenancies Act, (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 “PermitRTA”) shall be required for each and every installation of Tenant’s Equipment and Facilities so or any successor legislation to 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)Act, and any other information that governing law. The Leased Premises includes 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 rental unit as described above, and 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 addition to the specific location upon Rental Unit 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 use of common areas and facilities on a Permit shared basis only as described and subject to complete any installation work approved. Failure to complete such work within said timeframe shall result restrictions in that specific Permit being null the Rules as set out herein, and void. Upon completion the provisions of the work authorized in Act. The property shall be occupied by the Tenant(s) for the purposes of residential occupation only. No business other than that requiring a Permit, Tenant simple home office shall promptly provide to the Landlord as-built schematics be operated out of the Equipment and Facilities installedresidential unit. The existing garage on the property does not form part of the “Leased Premises” unless otherwise set out herein. If the predominant use by the Tenant(s) is other than as a residential tenancy, then the Residential Tenancies Act (the ‘Act’) does not apply.
Appears in 1 contract
Samples: Tenancy Agreement
Leased Premises. In the event that any of the Premises are leased, subleased or licensed by Licensor or its subsidiary pursuant to a master lease, sublease or license (“Master Lease”) of the Premises between Licensor or its subsidiary and the owner of the Premises (“Master Lessor”) the following additional provisions shall apply as to such Licensed Premises: (a) In consideration of if the payments Master Lease terminates for any reason, this License shall terminate concurrently therewith as to Landlord and other terms herein, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on such Licensed Premises; (b) Licensee shall also have 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 to use the common areas outside the applicable Premises that Licensor has the right to use under the Master Lease; (c) Licensor shall perform all of access its obligations under the Master Lease to the extent Licensee has not expressly agreed to perform such obligations under this License; provided, however, nothing herein shall prevent Licensor from terminating any Master Lease; (d) Licensor, with respect to the obligations of Master Lessor under the Master Lease, shall request Master Lessor in writing to perform such obligations as and when requested to do so by Licensee, and to use Licensor’s reasonable efforts to obtain Master Lessor’s performance; (e) Licensee shall not do or permit anything to be done in, about or with respect to the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlordwhich would violate the Master Lease, subject to the terms and conditions shall comply with all restrictions set forth herein. Installation in the Master Lease and all rules and regulations promulgated from time to time by Master Lessor; (f) Licensee shall obtain the prior written consent of Licensor and Master Lessor with respect to any act which, if performed by Licensor, would require Master Lessor’s approval under the Master Lease, and the consent of TenantLicensor may be withheld if Master Lessor’s Equipment consent is not obtained; (g) each provision under the Master Lease in which Licensor is required to (i) indemnify, release or waive claims against Master Lessor and Facilities, defined below in Section 3(a)(ii) execute and deliver documents or notices to Master Lessor, shall be limited binding on Licensee as to only the space which Tenant has been granted a specific permit by the City such Licensed Premises as if incorporated fully herein and shall run from Licensee to access both Master Lessor and install its Equipment and Facilities as described in Subsection Licensor; (ch) 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 License shall be the sole responsibility of Tenant. As damage to one part of the Premises can impact the entire Bridge at all times subject 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 subordinate to the BridgeMaster Lease; and (i) in the event that Master Lessor objects to the occupancy of Licensee hereunder or declares or threatens to declare Licensor in default under the Master Lease due to the occupancy of Licensee hereunder, or causing Licensee shall vacate the same to be doneapplicable Licensed Premises immediately upon notice from Licensor, 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”) this License shall be required for each and every installation of Tenant’s Equipment and Facilities so that Landlord can review the proposed space of each deemed terminated immediately as to such installation for compliance with this Lease, including compliance with Exhibit 2 and City Codes, compatibility with the Bridge, and authorization rightsLicensed Premises. 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 Licensee 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 solely responsible for, and acquireshall indemnify, additional Permits prior defend, protect and hold harmless Licensor, from all losses, costs, damages, claims and liabilities incurred by Licensor or Licensee as a result of any action taken by the relevant Master Lessor with respect to 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 breach by Licensor of the work authorized relevant Master Lease in permitting Licensee to so occupy the relevant Licensed Premises without obtaining the required consent. Licensee shall not be entitled to make any claim or demand against, or obtain reimbursement from, Licensor with respect to any costs, losses, claims, liabilities or damages incurred by Licensee as a Permitconsequence of being obliged to vacate a Licensed Premises or in obtaining alternative premises, Tenant shall promptly provide to the Landlord as-built schematics of the Equipment and Facilities installedincluding, without limitation, any enforcement action which a Master Lessor may take against Licensee.
Appears in 1 contract
Samples: Asset Purchase Agreement (Agilent Technologies Inc)
Leased Premises. (a) 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
Samples: 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 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 100 Xxxxxx Xxxxxx, 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 Pxxxxx), 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 Pxxxxx and their guests and invitees, and subject to such rules and regulations as LESSOR may adopt from time to time, i) walkways, , and ii) other common areas of 141 Pxxxxx (collectively hereinafter referred to as the 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 Pxxxxx 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 Pxxxxx; 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 consideration Landlord leases to Tenant and Tenant rents from Landlord the premises consisting of the payments entire rentable area of the 1400 freestanding office building to be constructed by Landlord and other terms herein, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on in the Bridge owned by Landlord, comprising of location 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 “"Initial Building" in Exhibit A (the "Premises”"), ; containing the floor area set forth in Item 8 of the Basic Lease Provisions. The building in which the Premises are situated (which together with non-exclusive right the underlying real property, is called the "Building") is a portion of access the project described in Item 2 (the "Project"). With respect to the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to the terms foregoing Building and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below other building 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 Leaseleases at least one full floor, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord shall also 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 a proportionate share of the Premises from shafts, risers and conduits to the building roof and between floors, provided such use does not interfere with building systems and complies with all applicable 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 compliancelaws, payment of prevailing wage, codes 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 voidlegal requirements. Upon completion of the work authorized Building shell, Landlord shall cause its architect to recalculate the rentable area of the Premises. If Landlord's architect determines that the rentable square footage of the Premises differs from that set forth in a Permitthe Basic Lease Provisions, then Landlord shall so notify Tenant and Tenant shall be afforded a period of fifteen (15) days to review such determination; provided that in the event Tenant disputes the calculation within that period, the matter shall be resolved by arbitration in accordance with Section 14.7. Should it be finally determined that the rentable area differs from that set forth in Item 8 of the Basic Lease Provisions, the Basic Rent (as shown in Item 6 of the Basic Lease Provisions) shall be promptly provide adjusted in proportion to the Landlord as-built schematics change in square footage, which adjustment shall be retroactive (if applicable) to the Commencement Date. In determining the rentable area of the Equipment Premises, Landlords architect shall calculate the usable area of the Premises in accordance with the standards of ANSI/BOMA Z65.1-1996, and Facilities installedthe rentable areas of the Premises shall equal that usable area multiplied by a load factor of 1.08 (which load factor shall only apply to the initial Building leased in its entirety hereunder). Promptly following the final determination of the rentable area, the parties shall memorialize the adjustments, if any, by executing an amendment to this Lease prepared by Landlord.
Appears in 1 contract
Leased Premises. (a) In consideration of for the payments rent to Landlord be paid and other terms hereincovenants to be performed by Tenant, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on the Bridge owned by and Tenant leases from Landlord, comprising of designated space for the Rental Term, and 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 herein set forth, the Leased Premises described in Section 1.01(1), located in the Building referred to in Section 1.01(H). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder and the use thereof, together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which do not materially and adversely interfere with Tenant’s use thereof and serving other parts of the Building or buildings, are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of the Building and reserved areas and elements as set forth herein. Installation of any of Tenant’s Equipment above; 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 install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall give Tenant forty-eight (48) hours prior notice (except in the case of an emergency) and shall use reasonable efforts so as to not commit waste upon the Leased Premises to inspect, examine, and to apply for as far as practicable shall not materially and obtain all licenses and permits required for adversely interfere with Tenant’s use of the Leased Premises from all applicable governmental and shall minimize annoyance, interference or regulatory entitiesdamage to Tenant and the Leased Premises when making modifications, additions or repairs. Any damage caused Landlord shall not be responsible for any damages incurred by Tenant arising from or in any way caused by and/or to Tenant’s use including installation property occur during the required forty-eight (48) hour notice period. Subject to the provisions of Equipment Article VIII, Tenant and Facilities shall be its employees, contractors, customers, agents and invitees have the sole responsibility right to the non-exclusive use, in common with existing tenants of Tenant. As damage to one part of the Premises can impact the entire Bridge and such repairs may be subject to OSHA complianceunreserved automobile parking spaces, payment of prevailing wagedriveways, footways, and other applicable requirements facilities designated for work on public propertycommon use within the Building, nothing in this Lease prevents Landlord from promptly making any repairs or taking other actions related except that with respect 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 Facilitiesnon-exclusive areas, Tenant shall apply cause its employees to park their cars only in areas specifically designated from time to time by Landlord 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 installedpurpose.
Appears in 1 contract
Leased Premises. (a) In consideration Land - Lessor does hereby lease to Lessee approximately 36,598 sq. ft of land located on the payments to Landlord Airport more particularly described on Exhibit "A" as Leased Premises together with all improvements located thereon, and other terms as identified on the "Airport Layout Plan" which is attached hereto as Exhibit B and B1 and incorporated 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 (all hereinafter referred to as the “"Leased Premises”)", together with non-exclusive right of access to the Lessee hereby leases _____ Leased Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, from Lessor subject to the terms terms, covenants 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, surveyorsstated below, and other representatives upon prior reasonable notice to and consent of Landlord shall have the right and privilege to enter upon the Premises to inspecterect, examineconstruct, and maintain (as provided herein) the following improvements on the Leased Premises as described in Exhibit "C" which is attached hereto and incorporated herein by reference. Lessee has inspected the Leased Premises and accepts it in its present (as-is) condition unless expressly noted otherwise in this Lease. Neither Lessor nor any agent has made any express or implied warranties as to apply for and obtain the condition of the Leased Premises. Lessee must satisfy itself that the Leased Premises is physically suitable to be used as Lessee intends by independently investigating all licenses and permits required for Tenant’s such matters related to the use of the Leased Premises. Lessee agrees that it is not relying on any warranty or representation made by Lessor, Lessor's agent or any broker concerning the suitability of the Leased Premises from all applicable governmental or regulatory entitiesfor the Lessee's use, except that such Premises may be used as an aircraft hangar, offices, and for any other uses permitted in this Lease. Any damage caused by Tenant arising from or in any way caused by Tenant’s use including installation International Tactical Training Center Fuel Farm Ground Lease May 5, 2006 Lessor shall deliver possession of Equipment and Facilities the Leased Premises to Lessee as of the Effective Date hereof. Lessee shall be the sole responsibility of Tenant. As damage to one part responsible for maintenance and insurance of the Leased Premises can impact the entire Bridge and such repairs may be subject upon delivery of possession 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 sameLessee.
(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
Samples: Sub Lease Agreement (Tactical Air Defense Services, Inc.)
Leased Premises. (a) In consideration of the payments to Landlord and other terms herein, Landlord Lessor hereby leases to TenantLessee, on a non-exclusive basisand Lessee agrees to take and lease from Lessor the Premises, certain space on including all additions and any improvements existing thereon, or to be made thereon, for purposes set forth herein, and 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 Lessee agrees to as the “Premises”), together with non-exclusive right of access to take the Premises (“Access Areas”) as reflected on Exhibit 1 or as otherwise reasonably made available by Landlordfor its use, subject to the terms and conditions set forth herein. Installation herein and to occupy and equip thereon at its own expense an aircraft storage hangar 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 approximately XXXX square feet as described in Subsection Exhibit “A”. However, it is specifically agreed by the Lessee, that in the event, as determined in the sole and absolute discretion of the Authority it becomes necessary for airport purposes, the Authority may, upon one hundred twenty (c120) of this Section 1.
(b) During days advance written notice from the term of this LeaseAuthority to the Lessee, Tenant and its agentsrelocate, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord shall have the right to enter upon expand or reduce the Premises granted herein for permanent relocations. In cases of temporary relocations (no more than 90 calendar days) due to inspectconstruction and/or maintenance activities, examinethe Authority will endeavor to attempt to notify Lessee as much in advance as possible under the circumstances. In the event that the Authority shall elect to do so in such case as a permanent relocation, and it shall use its best efforts to apply provide suitable replacement space, comparable in size for and obtain all licenses and permits required for Tenant’s the use of the Premises from all applicable governmental Lessee. If alternative space to be occupied by the Lessee is not available to the Lessee within one hundred and twenty (120) days after the notice of relocation, expansion 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 contraction 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 Authority, this Agreement will be deemed to have been canceled by the Authority in accordance with Section 510.070 provisions 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 first paragraph 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 installedSubsection 13.02 hereof.
Appears in 1 contract
Samples: Ground Lease Agreement
Leased Premises. Landlord has heretofore obtained a long-term ground lease covering that certain tract of real property situated in the University of Utah Research Park in Salt Lake City, State of Utah, more particularly described in Exhibit “B” attached hereto, together with certain easement for access rights. (aSuch tract is hereinafter referred to as the “Property”). Landlord owns the Building on the Property referred to in Section 1.01(H) suitable for use as office, research and limited complementary retail space, together with related parking facilities and other improvements necessary to enable the Building to be so used (the Building and related facilities and improvements are hereinafter collectively referred to as the “Improvements”). In consideration of for the payments rent to Landlord be paid and other terms hereincovenants to be performed by Tenant, Landlord hereby leases to Tenant, on a non-exclusive basis, certain space on and Tenant leases from Landlord for the Bridge owned by Landlord, comprising of designated space Rental Term and 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 herein set forth, the Leased Premises described in Section 1.01(I), located in the Building. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are not demised hereunder, and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which do not materially and adversely interfere with Tenant’s use thereof and serving other parts of the Building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of the Building and reserved areas and elements as set forth herein. Installation of any of Tenant’s Equipment above; 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 right to install or maintain meters on the Leased Premises to monitor use of this Leaseutilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable shall not materially and adversely interfere with Tenant’s use of the Leased Premises and shall minimize annoyance, interference or damage to Tenant and the Leased Premises when making modifications, additions or repairs. Subject to the provisions of Article VIII and Section 27.11, Tenant and its agentsemployees, engineerscontractors, surveyorscustomers, agents and invitees have the right to the non-exclusive use, in common with existing tenants of such unreserved automobile parking spaces, driveways, footways, and other representatives upon prior reasonable notice facilities designated for common use within the Building, except that with respect to and consent of non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose. Landlord shall have the right to enter upon the Premises to inspectdesignate, examinein its sole business judgment, 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 certain spaces as “visitor” parking spaces and Tenant hereby agrees shall use its best efforts to reimburse Landlord for the same within thirty (30) days after receipt of an invoice for samecause its employees not to park in such visitor parking.
(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. 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.
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