Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & II, INC., a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30, 2006 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 2 contracts
Samples: Commencement Date Agreement (Reata Pharmaceuticals Inc), Commencement Date Agreement (Reata Pharmaceuticals Inc)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its trustees or board of directors and officers, as the case may be, its investment manager’s trustees, directorsthe general partners thereof, officers, partners, or any beneficiaries, members, stockholders, employees, or agents. In no case shall agents of Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damagesthe investment manager. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: TMT 290 INDUSTRIAL PARK, INC., a Delaware nonprofit corporation ASPEN AEROGELS, INC., a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name/s/ Xxxx Xxxxx Xxxx Xxxxx, District Manager By: J. Xxxxxx Xxxx /s/ Xxxxxxx X. Xxxxx Title: CEO CFO Dated: 6/3010/11, 2006 2001 Dated: 10/9, 2001 EXHIBIT A – FLOOR PLAN DEPICTING THE — PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25August 20, 2006 2001 between SDCO GATEWAY COMMERCE I & IITMT 290 INDUSTRIAL PARK, INC., as Landlord and REATA PHARMACEUTICALSASPEN AEROGELS, INC., as Tenant PREMISES Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 Section 17.2 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – — INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25August 20, 2006 2001 between SDCO GATEWAY COMMERCE I & IITMT 290 INDUSTRIAL PARK, INC., as Landlord and REATA PHARMACEUTICALSASPEN AEROGELS, INC., as Tenant Tenant INITIAL ALTERATIONS Landlord shall take deliver the Premises in its “as-isAS IS” condition except condition, and shall have no obligation to construct any improvements or provide any funds or allowance for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of constructionsame. Landlord represents and warrants that, that the Building systems serving the Premises will be in good working order as of the Commencement Date, the . Existing rooftop HVAC units will be left in the Premises is in good working order place and repair. Further, Landlord shall warrant have no obligation to remove same. Tenant may construct tenant improvements in conformance with Article 6 of the HVAC in the Premises for the period of one (1) year after the Commencement DateLease. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., So long as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUMcomplies with Article 6 and the additional provisions of this Exhibit B, made as of , 20 , by and between (“Landlord”) and (“Tenant”).Tenant shall have the right to construct the following specific improvements:
Appears in 2 contracts
Samples: Lease (Aspen Aerogels Inc), Lease (Aspen Aerogels Inc)
Limitation of Landlord’s Liability. 40.1. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. [SIGNATURES CONTAINED ON NEXT PAGE] WITNESS: LANDLORD: SDCO GATEWAY COMMERCE TMT RESTON I & II, INC., a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC.MANAGEMENT COMPANY, a Delaware corporation By: Title: By: Name: J. Xxxxxx Xxxx /s/ Mxxx Arena Mxxx Arena Title: CEO District Manager Dated: 6/3012/31/04 ATTEST: TENANT: GX0XXXXXX.XXX INCORPORATED, 2006 D/B/A NITROSECURITY, a Minnesota corporation By: Name: /s/ Hxxxxxx X. Xxxx Hxxxxxx X. Xxxx By: Name: /s/ Txxxx X. Xxxxxxxxxxx Txxxx X. Xxxxxxxxxxx Title: Executive Assistant Title: President and COO Dated: 12/29/2004 Corporate Seal EXHIBIT A – — FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 12/28/2004 between SDCO GATEWAY COMMERCE TMT Reston I & II, INC.Inc., as Landlord and REATA PHARMACEUTICALSGX0XXXXXX.XXX INCORPORATED, INC.d/b/a NitroSecurity, as Tenant Exhibit Exhibits A is and A-1 are intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does They do not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – X-0 — SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 12/28/2004 between SDCO GATEWAY COMMERCE TMT Reston I & II, INC.Inc., as Landlord and REATA PHARMACEUTICALSGX0XXXXXX.XXX INCORPORATED, INC.d/b/a NitroSecurity, as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – — INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 12/28/2004 between SDCO GATEWAY COMMERCE TMT Reston I & II, INC.Inc., as Landlord and REATA PHARMACEUTICALSG00XXXXXX.XXX INCORPORATED, INC.d/b/a NitroSecurity, as Tenant Tenant Provided that there shall take not exist any Event of Default, and no event exists which by notice and/or the passage of time would constitute an Event of Default if not cured within the applicable cure period provided under this Lease, Landlord shall use commercially reasonable efforts, prior to the Commencement Date, to re-carpet and re-paint those portions of the Premises in its carpeted and painted as of the Lease Reference Date (collectively, the “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which Landlord’s Work”). Landlord’s Work shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for performed at Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required Landlord’s failure to complete Landlord’s Work by Landlord such date shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by not entitle Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant any abatement of rent, constitute an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to, liability for consequential damages or loss of business by Tenant. In carrying out Landlord’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. FurtherWork, Landlord shall warrant the HVAC in the Premises for the period not be required to perform such work outside of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenantits contractors’ normal work day hours. EXHIBIT C – — COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating bearing the Lease Reference Date of May 25, 2006 12/28/2004 between SDCO GATEWAY COMMERCE TMT Reston I & II, INC.Inc., as Landlord and REATA PHARMACEUTICALSGX0XXXXXX.XXX INCORPORATED, INC.d/b/a NitroSecurity, as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 20___, by and between TMT Reston I & II, Inc., a Delaware corporation, (“Landlord”) and GX0XXXXXX.XXX INCORPORATED, d/b/a NitroSecurity, a Minnesota corporation (“Tenant”).
Appears in 1 contract
Samples: Lease (NitroSecurity, Inc.)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord Tenant for injury to Tenant or any lost of the Tenant Parties, or damage to property of Tenant or any Tenant Parties, or loss of Tenant’s or any Tenant Parties’ business or profits, damage nor shall Tenant be entitled to businessterminate this Lease or to any reduction in or abatement of rent by reason of (i) Landlord’s failure to provide security services or systems within the Property or the Project for the protection of the Leased Premises, the Building or the Common Areas, or the protection of Tenant’s property or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & II, INC., a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30, 2006 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Tenant Parties, or (ii) Landlord’s rights set forth in Article 17 failure to perform any maintenance or repairs to the Leased Premises, the Building, the Common Areas, the Property, or the Project until Tenant, with respect to arrangements and/or locations of public parts repairs within the Leased Premises only, shall have first notified Landlord, in writing, of the Building need for such maintenance or repairs, and changes then only after Landlord shall have had a reasonable period of time following its receipt of such notice within which to perform such maintenance or repairs, or (iii) any failure, interruption, rationing or other curtailment in such arrangements and/or locationsthe supply of water, electric current, gas or other utility service to the Leased Premises, the Building, the Common Areas, the Property, or the Project from whatever cause (other than the gross negligence or willful misconduct of Landlord, its employees, agents, guests, invitees or contractors), or (iv) the unauthorized intrusion or entry into the Leased Premises by third parties (other than Landlord, and those employees, agents or contractors entering the Leased Premises at Landlord’s request). It Notwithstanding the foregoing, to the extent in Landlord’s reasonable control, Landlord shall take all commercially reasonable steps to minimize the duration of any failure, interruption, rationing or other curtailment of any utility service that is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) separately metered to the Leased Premises. In addition, in the event that Tenant is unable to use the Leased Premises which for the conduct of its normal business operations due to the failure of Landlord to comply with its obligations hereunder, including without limitation the provision of HVAC and utilities, and such inability continues for three (3) or more business days following written notice from Tenant to Landlord, Base Rent and Additional Rent shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications abated for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five each day following such third (53) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements day until such service has been restored in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining proportion to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Leased Premises that Tenant for the Premises Costs up is unable to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant use as a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INCresult thereof., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. The obligations of Tenant under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties any of Tenant’s trustees, directors, officers, partners, beneficiaries, members, stockholder, or employees. Except as otherwise provided in Articles 14, 19, 25 and 41 of this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, business or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: SFERS REAL ESTATE CORP. U, INC.CYTYC SURGICAL PRODUCTS, a a Delaware corporation California corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent corporation By: /s/ Jxxxx X. Ixx By: /s/ Pxxxxxx X. Xxxxxxxx Name: Xxx Jxxxx X. Ixx Name: Pxxxxxx X. Xxxxxxxx Title: VPVice President, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx District Manager Title: President and CEO Dated: 6/305/27/05 Dated: May 25, 2006 2005 EXHIBIT A – — FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 2524, 2006 2005 between SDCO GATEWAY COMMERCE I & IISFERS REAL ESTATE CORP. U, INC.a Delaware corporation, as Landlord Landlord, and REATA PHARMACEUTICALSCYTYC SURGICAL PRODUCTS, INC.a California corporation, as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the outside areas of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – — SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 2524, 2006 2005 between SDCO GATEWAY COMMERCE I & IISFERS REAL ESTATE CORP. U, INC.a Delaware corporation, as Landlord Landlord, and REATA PHARMACEUTICALSCYTYC SURGICAL PRODUCTS, INC.a California corporation, as Tenant Exhibit A-1 A-l is intended only to show the general layout of the Premises Project as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building Project and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – — INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 2524, 2006 2005 between SDCO GATEWAY COMMERCE I & IISFERS REAL ESTATE CORP. U, INC.a Delaware corporation, as Landlord Landlord, and REATA PHARMACEUTICALSCYTYC SURGICAL PRODUCTS, INC.a California corporation, as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Disturbance and Attornment Agreement (Concentric Medical Inc)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord Tenant for injury to Tenant or any lost profitsof the Tenant Parties, damage to businessthe property of Tenant or any of the Tenant Parties, or loss of business or profits by any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & II, INC., a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30, 2006 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A is intended only to show the general layout of the Premises Tenant Parties, nor shall Tenant be entitled to terminate this Lease or to any reduction in or abatement of rent (except as provided below) by reason of (i) Landlord’s failure to provide security services or systems within the Property for the protection of the beginning Leased Premises, Building 4 or the Common Areas, or the protection of the Term property of Tenant or any of the Tenant Parties, or (ii) Landlord’s failure to perform any maintenance or repairs to the Leased Premises, Building 4, the Common Areas or the Property until Tenant shall have first notified Landlord, in writing, of the need for such maintenance or repairs, and then only after Landlord shall have had a reasonable period of time following its receipt of such notice within which to perform such maintenance or repairs, or (iii) any failure, interruption, rationing or other curtailment in the supply of water, electric current, gas or other utility service to the Leased Premises, Building 4, the Common Areas or the Property from whatever cause (other than Landlord’s gross negligence or willful misconduct), or (iv) the unauthorized intrusion or entry into the Leased Premises by third parties (other than Landlord). Notwithstanding the foregoing, if as a result of a default by Landlord of any of its obligations set forth in this Lease. It does not in any way supersede any , or as a result of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts gross negligence or willful misconduct, all or a portion of the Building Leased Premises is rendered untenantable and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX.unusable by Tenant, XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take give Landlord notice (the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) Abatement Notice”), specifying such failure to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required perform by Landlord shall be referred to herein as (the “Approved PlansAbatement Event”). Both If Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant has not cured such Abatement Event within five (5) business days from signature after the receipt of the Abatement Notice (or within five (5) days after the earlier date Landlord otherwise had actual knowledge of such Abatement Event, Tenant bearing the burden of proof to establish the date of such knowledge), Tenant may immediately xxxxx Base Rent and Tenant’s Share of Property Operating Expenses, Property Insurance Expenses and Real Property Taxes payable under this Lease Agreementfor that portion of the Leased Premises rendered untenantable and not used by Tenant, for the period from the commencement of such Abatement Event until the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Leased Premises; provided that if the entire Leased Premises has not been rendered untenantable and unusable by the Abatement Event, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Leased Premises (which shall be based on a ratio of the square feet of rentable area rendered untenantable and unusable to all of the rentable area of the Leased Premises leased by Tenant) so rendered untenantable and unusable and not used by Tenant. Landlord shall complete In the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. event of any Abatement Event, Landlord agrees to provide Tenant an allowance equal use commercially reasonable efforts to $10.00 per square foot remedy the same as promptly as possible. Such right to xxxxx Base Rent and Tenant’s Share of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant Property Operating Expenses shall be liable for any additional costs over Tenant’s sole and exclusive right to xxxxx Base Rent and Tenant’s Share of Property Operating Expenses as the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost result of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excessan Abatement Event, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of shall not otherwise limit Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”)remedies for an Abatement Event. Any remaining portion of the Improvement Allowance Except as provided in this Paragraph 5.2, nothing contained herein shall be the property interpreted to mean that Tenant is excused from paying full Rent due hereunder. This paragraph is not applicable to events covered by Articles 10 or 11 of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INCthis Lease., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Non Disturbance and Attornment Agreement (Kodiak Sciences Inc.)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s 's interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of or; any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: CABOT INDUSTRIAL PROPERTIES, L.P. IMMUDYNE, INC., a Delaware corporation Corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent Corporation By: /s/ Rexxxxx X. Xxxx, District Manager By: /s/ Nixx Xxxxxxxx Name: Xxx Rexxxxx X. Xxxx Name: Nixx Xxxxxxxx Title: VP, Regional Director District Manager Title: President Dated: 7/5, 2006 TENANT7/18/ 2002 Date: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30, 2006 07/18 / 2002 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – A·l - SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 2002 between SDCO GATEWAY COMMERCE I & II, INC.RREEF Management Company, as Landlord and REATA PHARMACEUTICALS, INC.Immudyne Inc., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN Initials EXHIBIT B – —INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 2002 between SDCO GATEWAY COMMERCE I & II, INC.RREEF Management Company, as Landlord and REATA PHARMACEUTICALS, INC.Immudyne Inc., as Tenant Provided that Landlord approves the places and specifications for such improvements as provided in Section 6 of the Lease, and otherwise complies with such Section 6, Tenant may install equipment in the Premises, install an ADA compliant restroom in the Premises, upgrade the electrical service in the Premises and finish the warehouse wall. Tenant may take such equipment that it installs at the end of the Term provided that Tenant repairs any damage resulting from such removal. At the option of the Landlord, Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) remove or leave any other improvements that Tenant makes pursuant to the Premises which shall be completed in accordance with the terms of this Exhibit B. Landlord shall provide Tenant agrees to with an allowance (the "Allowance) as provided in this Exhibit B for any work that Tenant completes in connection with this Exhibit B. At the time of completion of such work and in any event on or before November 30, 2002, Tenant shall submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at evidence reasonably satisfactorily to Landlord of Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred 's completion of such work reasonably' satisfactorily to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval Tenant's incurring of the Approved Plans by Landlord expense for such work and Tenant within five lien waivers of any persons furnishing work or material included in such work. Within ten (510) business days from signature after submittal of this Lease Agreement. such evidence, provided that Tenant has performed when due all of its obligations under the Lease, Landlord shall complete pay Tenant the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot lesser of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises $30,000 and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion such amount of the Improvement Allowance shall be cost of such satisfactorily completed work that Tenant substantiates to the property reasonable satisfaction of Landlord. Landlord shall reimburse If Tenant has not qualified for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount disbursement of the request and paid Allowance by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by LandlordNovember 30, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further2002, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Datehave no liability to disburse it. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. Initials EXHIBIT C – - COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating bearing the Lease Reference Date of May 25, 2006 2002 between SDCO GATEWAY COMMERCE I & II, INC.RREEF Management Company, as Landlord and REATA PHARMACEUTICALS, INC.Immudyne Inc., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 2002, by and between RREEF Management Company (“"Landlord”") and Immudyne, Inc. (“"Tenant”").
Appears in 1 contract
Samples: Immudyne, Inc.
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under hereunder this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s managers trustees, directors, officers, partners, beneficiaries, membersmember, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) Landlord under this Lease, Tenant Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents, and in no case shall Landlord be liable to Landlord Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: CALWEST INDUSTRIAL HOLDINGS, LLC, a Delaware limited liability company DEVAX INC., a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent Property Manager By: /s/ Xxxxx Xxxxxxx By: /s/ Xxxx Xxxxxxx Name: Xxx Xxxxxxxx Xxxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: VP, Regional Director Vice President/District Manager Title: Chief Executive Officer Dated: 7/5, 2006 TENANT1/29/07 Dated: REATA PHARMACEUTICALS, INC., a Delaware corporation By: /s/ Xxxxx Xxxxxx Name: J. Xxxxx Xxxxxx Xxxx Title: CEO CFO/Corporate Secretary Dated: 6/30, 2006 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES 1/29/07 ADDENDUM attached to and made a part of Lease bearing the Lease Reference Date of May 25December 29, 2006 between SDCO GATEWAY COMMERCE I & IICALWEST INDUSTRIAL HOLDINGS, INC.LLC, a Delaware limited liability company, as Landlord and REATA PHARMACEUTICALS, DEVAX INC., as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC.Delaware corporation, as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree acknowledge that Landlord will charge Tenant a construction management they are contemporaneously entering into that certain Lease dated December 29, 2006 (the not to exceed four percent (4%) of “Lease”). Unless otherwise specifically provided in this Addendum, all capitalized terms used herein shall have the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC same meanings set forth in the Premises is in good working order and repairLease. Further, Landlord shall warrant In the HVAC in the Premises for the period event of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating conflict between the Lease Reference Date of May 25and this Addendum, 2006 between SDCO GATEWAY COMMERCE I & II, INC., this Addendum shall control. This Addendum amends and supplements the Lease as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).follows:
Appears in 1 contract
Samples: Devax Inc
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, Building (including all rents insurance proceeds and proceeds with respect theretocondemnation awards). The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this LeaseAdditionally, to the maximum extent permitted by law, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form hereby waives its statutory lien under Section 91.004 of special, indirect or consequential damagesthe Texas Property Code. LANDLORD: SDCO TENANT: GATEWAY COMMERCE I & IIRIDGECREST, INC., a California corporation VANTAGE ENERGY SERVICES, INC., a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent corporation By: /s/ Jxx Xxxxx By: /s/ Pxxx X. Xxxxx Name: Xxx Jxx Xxxxx Name: Pxxx X. Xxxxx Title: Managing Director Title: President & CEO Dated: February 15, 2007 By: /s/ Kxx X. Xxxxxxxx Name: Kxx X. Xxxxxxxx Title: VPVice President, Regional Director Dated: 7/52/20, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30, 2006 2007 EXHIBIT A – A—FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25November 29, 2006 between SDCO GATEWAY COMMERCE I & IIGateway Ridgecrest, INC.Inc., as Landlord and REATA PHARMACEUTICALSVantage Energy Services, INC.Inc., as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – A-l—SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25November 29, 2006 between SDCO GATEWAY COMMERCE I & IIGateway Ridgecrest, INC.Inc., as Landlord and REATA PHARMACEUTICALSVantage Energy Services, INC.Inc., as Tenant Exhibit A-1 A-l is intended only to show the general layout location of the Premises Building as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – — INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25November 29, 2006 between SDCO GATEWAY COMMERCE I & IIGateway Ridgecrest, INC.Inc., as Landlord and REATA PHARMACEUTICALSVantage Energy Services, INC.Inc., as Tenant Tenant shall take (Landlord does the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”Initial Work), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Vantage Energy Services, Inc.
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In no case shall Landlord be liable to Tenant hereunder for any lost profitsinjury to Tenant, its employees, agents, invitees or contractors, damage to businessTenant’s property, nor shall Tenant be entitled to any reduction in or abatement of rent by reason of (i) Landlord’s failure or election to provide security services or systems within the Property for the protection of the Leased Premises, the Building or the Outside Areas, or the protection of Tenant’s property or Tenant’s employees, invitees, agents or contractors, or (ii) Landlord’s failure to perform any form maintenance or repairs to the Leased Premises, the Building, the Outside Areas or the Property until Tenant shall have first notified Landlord, in writing, of specialthe need for such maintenance or repairs, indirect and then only after Landlord shall have had a reasonable period of time following its receipt of such notice within which to perform such maintenance or consequential damagesrepairs and in any case not less than the notice and cure periods set forth in Paragraph 12.3 of this Lease, or (iii) any failure, interruption, rationing or other curtailment in the supply of water, electric current, gas or other utility service to the Leased Premises, the Building, the Outside Areas or the Property from whatever cause (other than Landlord’s sole active negligence or willful misconduct), or (iv) the unauthorized intrusion or entry into the Leased Premises by third parties (other than Landlord). Except as otherwise provided Notwithstanding the foregoing or, anything in this LeaseLease to the contrary, Tenant shall not be liable entitled to terminate this Lease by reason of any such Landlord failure or intrusion. If Tenant is prevented from using and does not use the Leased Premises or any material portion thereof for any lost profits, damage to the conduct of its business, for three (3) consecutive Business Days (the “Eligibility Period”) as a result of (i) the failure in any material respect of Landlord or its agents or contractors to provide to the Leased Premises any of the utilities and services required to be provided under this Lease (excluding failure caused by Tenant or any form Tenant Party or due to the occurrence of speciala casualty or condemnation), indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & II(ii) because of the presence of Hazardous Materials in, INC., a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30, 2006 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached on or around the Building or the Leased Premises which were not caused or introduced by Tenant or any Tenant Party and which Hazardous Materials pose an imminent material and significant health risk to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A is intended only to show the general layout occupants of the Premises as determined by an industrial hygienist or other comparable public health professional, then, in any and all such events, Tenant’s obligation to pay Base Monthly Rent, Tenant’s Operating Payment and Tenant’s Tax Payment shall be abated or reduced, as the case may be, from and after the first day following the last day of the beginning Eligibility Period and continuing for such time that Tenant continues to be so prevented from using for the conduct of its business, and does not so use for the conduct of its business, the Premises or a material portion thereof, in the proportion that the rentable square feet of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout portion of the Premises as of the beginning of the Term of this Lease. It that Tenant is prevented from using, and does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXXso use, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) bears to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per total rentable square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot feet of the Premises. For purposes of this Paragraph, for (i) any architectural drawings and plans pertaining Tenant shall not be deemed to have used the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Leased Premises for the period conduct of one (1) year after its business as a result of the Commencement Date. If any defects exist or arise presence of limited numbers of employees of Tenant who are present within the Leased Premises performing activities such as securing the Leased Premises, removing files and computers and engaging in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INCother limited commercial activities., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Office Lease (PMC Sierra Inc)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s 's interest in the Building, including all rents and proceeds with respect thereto. The obligations of [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Landlord under this Lease are not Dot intended to be and shall not be personally binding on, . nor shall any resort be had to the private properties of of, any of its or its investment manager’s 's trustees, directors, officers, partners, beneficiaries, . members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & II, INC.RREEF AMERICA REIT II CORP. JJ, a Delaware Maryland corporation By: . RREEF Management Company, a Delaware corporation, its Authorized Agent By: . Name: Xxx Xxxxxxxx Xxxxx Xxxxx Title: VP, Vice Presidcnt I Regional Director Manager Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALSTHERMOVIEW INDUSTRIES, INC., a Delaware California corporation By: . Name: J. Xxxxxx Xxxx Title: CEO Xxxxxxx X. Xxxxx Dated: 6/30, 2006 EXHIBIT A – - FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25September 2, 2006 between SDCO GATEWAY COMMERCE I & II0000 xxxxxxx XXXXX XXXXXXX REIT II CORP. JJ, a Maryland corporation, as Landlord and THERMOVIEW INDUSTRIES, INC., as Landlord and REATA PHARMACEUTICALS, INC.a California corporation, as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term Term. of this Lease. It does not in any way supersede any of Landlord’s 's rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – A-l- SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25September 2, 2006 between SDCO GATEWAY COMMERCE I & II0000 xxxxxxx XXXXX XXXXXXX REIT II CORP. JJ, a Maryland corporation, as Landlord and THERMOVIEW INDUSTRIES, INC., as Landlord and REATA PHARMACEUTICALS, INC.a California corporation, as Tenant Exhibit A-1 contains a drawing of the Industrial Center. Exhibit A-I is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s 's rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN INDUSTRIAL CENTER EXHIBIT B – - INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25September 1, 2006 between SDCO GATEWAY COMMERCE I & II0000 xxxxxxx XXXXX XXXXXXX REIT II CORP. JJ, a Maryland corporation, as Landlord and THERMOVIEW INDUSTRIES, INC., as Landlord and REATA PHARMACEUTICALS, INC.a California corporation, as Tenant Tenant shall take accept the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense"As Is" condition. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval remainder of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreementpage is intentionally left blank. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. SAMPLE ONLY EXHIBIT C – - COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating bearing the Lease Reference Date of May 25September 2, 2006 2004 between SDCO GATEWAY COMMERCE I & IIRREIF AMERICA REIT II CORP. JJ. a Maryland corporation. as Landlord and THERMOVIEW INDUSTRIES, INC., as Landlord and REATA PHARMACEUTICALS, INC.a California corporation, as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , ____________ ,20 , by and between ___________ (“''Landlord”'') and _____________ (“''Tenant”'').
Appears in 1 contract
Samples: Lease (Thermoview Industries Inc)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO TENANT: GATEWAY COMMERCE I & IIMONTROSE, INC., a California corporation ASSET ACCEPTANCE, LLC, a Delaware corporation limited liability company By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: /s/ XXXX X. XXXXXX By: /s/ XXXXX XXXXXX Name: J. Xxxx X. Xxxxxx Xxxx Xxxxx Xxxxxx Title: CEO Manager Its: Vice President/District Manager Dated: 6/30September 18, 2006 2009 Dated: September 16, 2009 /s/ BB Broker’s Initials EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25September 1, 2006 2009, between SDCO GATEWAY COMMERCE I & IIGateway Montrose, INC.Inc., a California corporation, as Landlord and REATA PHARMACEUTICALS, INC.Asset Acceptance LLC, as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Asset Acceptance Capital Corp
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: One Main Place Portland – Oregon, INC.Inc., a Maryland corporation Schrödinger, Inc., a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: /s/ Xxxxx Xxxxxxxx By: Xxxx Xxxxx, Ph.D. Name: J. Xxxxxx Xxxxx Xxxxxxxx Name: Xxxx Xxxxx, Ph.D. Title: CEO Regional Director Title: President Dated: 6/30, 2006 8/6/2008 Dated: 8/5/2008 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25July 30, 2006 2008 between SDCO GATEWAY COMMERCE I & IIOne Main Place Portland – Oregon, INC.Inc., a Maryland corporation, as Landlord and REATA PHARMACEUTICALSSchrödinger, INC.Inc., a Delaware corporation, as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 X-0 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25July 30, 2006 2008 between SDCO GATEWAY COMMERCE I & IIOne Main Place Portland – Oregon, INC.Inc., a Maryland corporation, as Landlord and REATA PHARMACEUTICALSSchrödinger, INC.Inc., a Delaware corporation, as Tenant Exhibit A-1 A-I is intended only to show the general layout location of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – — INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25July 30, 2006 2008 between SDCO GATEWAY COMMERCE I & IIOne Main Place Portland – Oregon, INC.Inc., a Maryland corporation, as Landlord and REATA PHARMACEUTICALSSchrödinger, INC.Inc., a Delaware corporation, as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by expense shall provide the act or neglect following: Existing Premises Consisting of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).approximately 11,724 square feet
Appears in 1 contract
Samples: Office Lease (Schrodinger, Inc.)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: SFERS REAL ESTATE CORP. U, a Delaware corporation VERISITY DESIGN, INC., a Delaware California corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent corporation By: By: Name: Xxxxx X. Xxx Xxxxxxxx Name: Xxxxxxx Xxxxxxx Title: VP, Regional Director District Manager Title: Vice President of Finance and Chief Financial Officer Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30, 2006 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25April 14, 2006 2004 between SDCO GATEWAY COMMERCE I & IISFERS REAL ESTATE CORP. U, a Delaware corporation, as Landlord and VERISITY DESIGN, INC., as Landlord and REATA PHARMACEUTICALS, INC.a California corporation, as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers Initials EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25April 14, 2006 2004 between SDCO GATEWAY COMMERCE I & IISFERS REAL ESTATE CORP. U, a Delaware corporation, as Landlord and VERISITY DESIGN, INC., as Landlord and REATA PHARMACEUTICALS, INC.a California corporation, as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXXInitials EXHIBIT A-2 – DEPICTION OF VISITOR PARKING SPACES attached to and made a part of Lease bearing the Lease Reference Date of April 14, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology2004 between SFERS REAL ESTATE CORP. U, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXXa Delaware corporation, XX 00000 DATE:03/08/05 ENTOS DESIGN as Landlord and VERISITY DESIGN, INC., a California corporation, as Tenant Exhibit A-2 is intended only to show the general layout of the Visitor Parking Spaces as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Initials EXHIBIT B – — INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25April 14, 2006 2004 between SDCO GATEWAY COMMERCE I & IISFERS REAL ESTATE CORP. U, a Delaware corporation, as Landlord and VERISITY DESIGN, INC., as Landlord and REATA PHARMACEUTICALS, INC.a California corporation, as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Lease (Verisity LTD)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, on nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: CABOT INDUSTRIAL VENTURE B, LLC, PEAK INTERNATIONAL, INC.,, a Delaware limited liability company a Texas corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent Property Manager By: /s/ Xxxxxxx XxXxxxx By: /s/ Xxxx Xxxxxxx Name: Xxx Xxxxxxxx Xxxxxxx XxXxxxx Name: Xxxx Xxxxxxx Title: VPDistrict Manager Title: Vice President, Regional Director General Counsel & Secretary Dated: 7/511/16, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO 2004 Dated: 6/30Nov. 11, 2006 2004 EXHIBIT A – — FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25November 1, 2006 2004 between SDCO GATEWAY COMMERCE I & IICABOT INDUSTRIAL VENTURE B, LLC, a Delaware limited liability company, as Landlord and PEAK INTERNATIONAL, INC., as Landlord and REATA PHARMACEUTICALS, INC.a Texas corporation, as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers [GRAPHIC] JM TD EXHIBIT A-1 – A-1- SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25November 1, 2006 2004 between SDCO GATEWAY COMMERCE I & IICABOT INDUSTRIAL VENTURE B, LLC, a Delaware limited liability company, as Landlord and PEAK INTERNATIONAL, INC., as Landlord and REATA PHARMACEUTICALS, INC.a Texas corporation, as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXXXxxxxx Xxxxxx 00000 -38507 Xxxxxx Xxxxxx Xxxxxx, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN [GRAPHIC] JM TD Initials EXHIBIT B – — INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25November 1, 2006 2004 between SDCO GATEWAY COMMERCE I & IICABOT INDUSTRIAL VENTURE B, INC.LLC, a Delaware limited liability company, as Landlord and REATA PHARMACEUTICALSPEAK INTERNATIONAL, INCMC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants thatTexas corporation, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Lease (Peak International LTD)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of LandlordLxxxxxxx’s interest in the Building, including all rents the proceeds of the sale of the Building and, to the extent received by Lxxxxxxx, insurance proceeds and proceeds with respect theretocondemnation awards. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: RREEF AMERICA REIT II CORP., JX, RADYNE COMSTREAM, INC., a Maryland corporation a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Its Authorized Agent By: /s/ Pxxxx Xxxxx By: /s/ Bxxxx Xxxxxx Name: Xxx Xxxxxxxx Pxxxx Xxxxx Name: Bxxxx Xxxxxx Title: VP, Vice President and Regional Director Title: President and COO Dated: 7/5, 2006 TENANT11/8/04 Dated: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30, 2006 EXHIBIT A – — FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25September 28, 2006 2004 between SDCO GATEWAY COMMERCE I & IIRREEF America REIT II Corp. JJ, INC.a Maryland corporation, as Landlord and REATA PHARMACEUTICALSRadyne Comstream, INC.Inc., a Delaware corporation, as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25September 28, 2006 2004 between SDCO GATEWAY COMMERCE I & IIRREEF America REIT II Corp. JJ, INC.a Maryland corporation, as Landlord and REATA PHARMACEUTICALSRadyne Comstream, INC.Inc., a Delaware corporation, as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Project, Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – — INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25September 28, 2006 2004 between SDCO GATEWAY COMMERCE I & IIRREEF America REIT II Corp. JJ, INC.a Maryland corporation, as Landlord and REATA PHARMACEUTICALSRadyne Comstream, INC.Inc., a Delaware corporation, as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).TENANT IMPROVEMENTS
Appears in 1 contract
Samples: Radyne Corp
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: SFERS REAL ESTATE CORP. U, VERISITY DESIGN, INC., a Delaware corporation a California corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: /s/ Xxxxx X. Xxx By: /s/ Xxxxxxx Xxxxxxx Name: J. Xxxxxx Xxxx Xxxxx X. Xxx Name: Xxxxxxx Xxxxxxx Title: CEO District Manager Title: Vice President of Finance and Chief Financial Officer 4/15/04 Dated: 6/30, 2006 4/15/04 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] EXHIBIT A – - FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25April 14, 2006 2004 between SDCO GATEWAY COMMERCE I & IISFERS REAL ESTATE CORP. U, a Delaware corporation, as Landlord and VERISITY DESIGN, INC., as Landlord and REATA PHARMACEUTICALS, INC.a California corporation, as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers /s/ ILLEGIBLE Initials EXHIBIT A-1 – SITE PLAN A-2 - DEPICTION OF VISITOR PARKING SPACES attached to and made a part of Lease bearing the Lease Reference Date of May 25April 14, 2006 2004 between SDCO GATEWAY COMMERCE I & IISFERS REAL ESTATE CORP. U, a Delaware corporation, as Landlord and VERISITY DESIGN, INC., as Landlord and REATA PHARMACEUTICALS, INC.a California corporation, as Tenant Exhibit A-1 A-2 is intended only to show the general layout of the Premises Visitor Parking Spaces as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN /s/ ILLEGIBLE Initials EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25April 14, 2006 2004 between SDCO GATEWAY COMMERCE I & IISFERS REAL ESTATE CORP. U, a Delaware corporation, as Landlord and VERISITY DESIGN, INC., as Landlord and REATA PHARMACEUTICALS, INC.a California corporation, as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Sublease (Conceptus Inc)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s 's interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s 's trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: DB QUAD PRAIRIE BUSINESS BIOTEL, INC., a Delaware corporation CENTER, INC., A MARYLAND CORPORATION A MINNESOTA CORPORATION By: RREEF Management Company, a Delaware corporation, its Authorized Agent corporation By: \s\ Mark Smith By: \s\ Steve Springrose -------------------------------- ----------------------------- Name: Xxx Xxxxxxxx TitleMark Smith Name: VP, Regional Director Steve Springrose Tixxx: Xxxxxnal Manager Titxx: XXX Xxxxx: 1/17/06 Dated: 7/5January 10, 2006 TENANT: REATA PHARMACEUTICALSBRAEMAR, INC., a Delaware corporation A MINNESOTA CORPORATION By: \s\ Harold Strandquist ----------------------------- Name: J. Xxxxxx Xxxx TitleHarold Strandquist Txxxx: CEO XXX Dated: 6/30January 10th, 2006 EXHIBIT A – - FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & IIATTACHED TO AND MADE A PART OF LEASE BEARING THE LEASE REFERENCE DATE OF JANUARY 9,2006 BETWEEN DB QUAD PRAIRIE BUSINESS CENTER, INC., as Landlord and REATA PHARMACEUTICALSAS LANDLORD AND BRAEMAR, INC. & BIOTEL, INC., as Tenant AS TENANT 1285 Corporate Center Drive, Suite 150, Eagan, Minnesota Exhibit A is intended only to show the general layout of the Premises xx xxxxxxxx xxxx xx xxxx xxx xxxxxxx xxxxxx xx xxx Xxxxxses as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s 's rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers [GRAPHIC] ------------- Initials EXHIBIT A-1 – - SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25ATTACHED TO AND MADE A PART OF LEASE BEARING THE LEASE REFERENCE DATE OF JANUARY 9, 2006 between SDCO GATEWAY COMMERCE I & IIBETWEEN DB QUAD PRAIRIE BUSINESS CENTER, INC., as Landlord and REATA PHARMACEUTICALSAS LANDLORD AND BRAEMAR, INC. & BIOTEL, INC., as Tenant AS TENANT 1285 Corporate Center Drive, Suite 150, Eagan, Minnesota Exhibit A-1 is intended only to show the general layout of A-x xx xxxxxxxx xxxx xx xxxx xxx xxxxxxx xxxxxx xx the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s 's rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN [GRAPHIC] ------------- Initials EXHIBIT B – - INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25ATTACHED TO AND MADE A PART OF LEASE BEARING THE LEASE REFERENCE DATE OF JANUARY 9, 2006 between SDCO GATEWAY COMMERCE I & IIBETWEEN DB QUAD PRAIRIE BUSINESS CENTER, INC., as Landlord and REATA PHARMACEUTICALSAS LANDLORD AND BRAEMAR, INC. & BIOTEL, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approvalAS TENANT 1285 CORPORATE CENTER DRIVE, includingSUITE 150, without limitationEAGAN, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).MINNESOTA
Appears in 1 contract
Samples: Commencement Agreement (Biotel Inc.)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: RREEF AMERICA REIT II CORP. PPP, a Maryland corporation ORE PHARMACEUTICALS INC., a Delaware corporation By: :RREEF Management Company, a Delaware corporation, its Authorized Agent By: /s/ Xxxxxx Xxxxxx By: /s/ Xxxx X. Xxxxxxxxxx Name: Xxx Xxxxxxxx Xxxxxx Xxxxxx Name: Xxxx X. Xxxxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Vice President - District Manager Title: CEO Dated: 6/30June 9, 2006 2009 Dated: June 4, 2009 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 2514, 2006 between SDCO GATEWAY COMMERCE I & II, INC.0000 xxxxxxx XXXXX XXXXXXX REIT II CORP. PPP, as Landlord and REATA PHARMACEUTICALS, ORE PHARMACEUTICALS INC., as Tenant Exhibit Xxxxxxxxxx Xxxxxx Xxxx, Xxx Xxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 Exhibits A is and A-1 are intended only to show the general layout of the Premises and the Building as of the beginning of the Term of this Lease. It They does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is They are not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers (See hatched area on plan attached to Exhibit B) Initials EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 2514, 2006 between SDCO GATEWAY COMMERCE I & II, INC.0000 xxxxxxx XXXXX XXXXXXX REIT II CORP. PPP, as Landlord and REATA PHARMACEUTICALS, ORE PHARMACEUTICALS INC., as Tenant Exhibit A-1 Xxxxxxxxxx Xxxxxx Xxxx, Xxx Xxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 Initials EXHIBIT A-2 – LEGAL DESCRIPTION OF THE LOT attached to and made a part of Lease bearing the Lease Reference Date of May 14, 0000 xxxxxxx XXXXX XXXXXXX REIT II CORP. PPP, as Landlord and ORE PHARMACEUTICALS INC., as Tenant Xxxxxxxxxx Xxxxxx Xxxx, Xxx Xxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 A certain parcel of land in the City of Cambridge, Middlesex County, Massachusetts, bounded and described as follows: SOUTHWESTERLY at the intersection of Main Street and First Street, by four lines measuring 44.72 feet, 129.49 feet, 24.15 feet, and 41. I6 feet, respectively; SOUTHERLY by Main Street by a line measuring 404.86 feet; WESTERLY by Lot 1, by a line measuring 154.28 feet; and NORTHERLY by the Broad Canal, 594.60 feet. Said parcel is intended only to show the general layout shown as Lot 2 on a "Subdivision Plan of the Premises as Land in Cambridge, Mass. (Middlesex County)", dated April 24, 1981, and revised September 4, 1981, drawn by Boston Survey Consultants, and prepared for Darvel Realty Trust, recorded with Middlesex Southern District Registry of the beginning of the Term of this LeaseDeeds in Book 14412, Page 199. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN Initials EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 2514, 2006 between SDCO GATEWAY COMMERCE I & II, INC.0000 xxxxxxx XXXXX XXXXXXX REIT II CORP. PPP, as Landlord and REATA PHARMACEUTICALS, ORE PHARMACEUTICALS INC., as Tenant Tenant shall take Xxxxxxxxxx Xxxxxx Xxxx, Xxx Xxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 Landlord will deliver the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed Tenant in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans attached plan and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein improvements as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreementlisted below. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant have no obligation to install perform or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees any other improvements or alterations, nor to provide Tenant an any allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”)or reimbursement, which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements other than as provided in accordance with the Approved Plans. Tenant shall be liable this Lease, for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in alterations or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlordimprovements. Landlord shall reimburse Tenant for provide the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request following improvements utilizing Building standard materials and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).finishes:
Appears in 1 contract
Samples: Ore Pharmaceuticals Inc.
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: CALWEST INDUSTRIAL HOLDINGS TEXAS, L.P., a Delaware limited partnership INTRUSION INC., a Delaware corporation By: CALWEST TEXAS, LLC, a Delaware limited liability company Its: General Partner By: RREEF Management Company, a Delaware corporation, its Authorized Agent Property Manager By: /s/ XXXXXXX X. XXXXXXXXXXX By: /s/ X. XXXX XXXXXX Name: Xxx Xxxxxxxx Xxxxxxx X. Xxxxxxxxxxx Name: X. Xxxx Xxxxxx Title: VP, Regional Director District Manager Title: Chief Executive Officer Dated: 7/5March 23 , 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO 2004 Dated: 6/30March 16 , 2006 2004 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25January 12, 2006 2004 between SDCO GATEWAY COMMERCE I & IICALWEST INDUSTRIAL HOLDINGS TEXAS, INC.L.P., as Landlord and REATA PHARMACEUTICALS, INTRUSION INC., as Tenant Exhibit Exhibits A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25January 12, 2006 2004 between SDCO GATEWAY COMMERCE I & IICALWEST INDUSTRIAL HOLDINGS TEXAS, INC.L.P., as Landlord and REATA PHARMACEUTICALS, INTRUSION INC., as Tenant Exhibit Exhibits A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25January 12, 2006 2004 between SDCO GATEWAY COMMERCE I & IICALWEST INDUSTRIAL HOLDINGS TEXAS, INC.L.P., as Landlord and REATA PHARMACEUTICALS, INTRUSION INC., as Tenant Tenant shall take the Premises in its “as-is” condition condition, except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed by Landlord, at Landlord’s cost and expenses, as set forth below. Tenant hereby acknowledges and agrees that Tenant is responsible for the cost of replacement of the HVAC units pursuant to Exhibit C of the Original Lease. Landlord is in accordance with the terms process of this Exhibit B. replacing the HVAC units. Landlord and Tenant hereby acknowledge and agree that (a) Tenant’s share of the total cost of such replacement is $325,763.22 and (b) after applying a credit to Tenant in the amount of $102,890.79 (representing overpaid CAM charges for 2001 and 2002), Tenant owes $222,872.43 to Landlord for HVAC replacement. Landlord hereby agrees to submit amortize Tenant’s portion of the cost of such units over fifteen (15) years, and Tenant will be responsible for making monthly payments only during the term of the remainder of the current lease or any extension thereof; therefore, commencing February 1, 2004, and continuing throughout the term of the Lease and any extension thereof, Tenant hereby agrees to pay to Landlord $1,238.18 per month (“HVAC Expenses”). Landlord and Tenant hereby covenant and agree to (a) cooperate with each other and any contractors performing such HVAC replacement and (b) use their best efforts to facilitate the plans completion of such HVAC installation. Landlord and specifications for Tenant further agree that Landlord shall promptly complete the Leasehold Improvements for Landlord’s approvalHVAC installation at the Building and Tenant shall cooperate, including, without limitation, final architectural drawings, at allowing Landlord reasonable access to Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Planstelecommunications room. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of timely replace all missing or damaged ceiling tiles in the Premises (the “Improvement Allowance”), which allowance is to be used solely for the after completion of the Leasehold Improvements by Landlord. Use HVAC installation and further agrees to leave all affected areas of the Improvement Allowance is expressly conditioned upon Building and the Premises in clean condition with all debris, trash and dirt removed. Upon completion of all Phase I of the Leasehold Improvements in accordance with the Approved Plans. HVAC installation and subsequent clean-up related thereto, Tenant shall be liable for any additional costs over the Improvement Allowance have a period of 45 days in which to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining move from its existing space to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the its new Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless complete such defect is caused by the act or neglect of Tenantrelocation without such 45-day period. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating bearing the Lease Reference Date of May 25January 12, 2006 2004 between SDCO GATEWAY COMMERCE I & IICALWEST INDUSTRIAL HOLDINGS TEXAS, INC.L.P., as Landlord and REATA PHARMACEUTICALS, INTRUSION INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUMINTENTIONALLY DELETED EXHIBIT D – RULES AND REGULATIONS attached to and made a part of Lease bearing the Lease Reference Date of January 12, made 2004 between CALWEST INDUSTRIAL HOLDINGS TEXAS, L.P., as of Landlord and INTRUSION INC., 20 , by and between (“Landlord”) and (“as Tenant”).
Appears in 1 contract
Samples: Lease (Intrusion Inc)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s 's interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its trustees or board of directors and officers, as the case may be its investment manager’s trustees, directorsthe general partners thereof, officers, partners, or any beneficiaries, members, stockholders, employees, or agents. In no case shall agents of Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damagesthe investment manager. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: CALWEST INDUSTRIAL PROPERTIES, INC., LLC CIRILIUM INCORPORATED A California limited liability company a Delaware Florida corporation By: RREEF Management Company, a MANAGEMENT COMPANY A Delaware corporation, its Authorized Agent Property Manager By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation /s/ Bref X. Xxxx By: Name: J. /s/ Xxxxxx X. Xxxx ------------------------- ----------------------------- Bref X. Xxxx, CPM Xxxxxx X. Xxxx Title: CEO DatedDistrict Manager Title: 6/30, 2006 President Date: 10/5/01 Date: 10/9/2001 DES/BB Initial EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached Attached to and made a part of Lease bearing the Lease Reference Date of May 25October 3, 2006 2001, between SDCO GATEWAY COMMERCE I & IICaldwest Industrial Properties, INC.LLC, a California limited liability company, as Landlord and REATA PHARMACEUTICALS, INC.Cirilium Incorporated a Florida corporation, as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s 's rights set forth in Article 17 Section 17.2 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximateapproximations. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers DES/BB Initial EXHIBIT A-1 – SITE PLAN attached B Attached to and made a part of Lease bearing the Lease Reference Date of May 25October 3, 2006 2001 between SDCO GATEWAY COMMERCE I & IICalwest Industrial Properties, INC.LLC, a California limited liability company, as Landlord and REATA PHARMACEUTICALSCirilium Incorporated , INC.a Florida corporation, as Tenant Exhibit A-1 INITIAL ALTERATIONS Tenant hereby acknowledges and agrees that the Premises are being assumed by Tenant in its as-is intended only condition and that it will be responsible to show return the general layout Premises to original broom clean condition at the expiration of this Lease or any extension thereof, ordinary wear and tear and damage resulting from a fire or other casualty excepted. ---except to the extent which may be otherwise provided herein. The Landlord will provide tenant improvements at a cost not to exceed $8,454.00. Any costs above this amount will be the sole responsibility of the Premises as of the beginning of the Term of this Leasetenant. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not All work to be scaled; any measurements or distances shown should in compliance with all the terms within this lease and specifically Section 6. Plans are to be taken as approximatesubmitted to Landlord for approval with thirty (30) days of occupancy. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN DES/BB Initial EXHIBIT B – INITIAL ALTERATIONS attached C Attached to and made a part of Lease bearing the Lease Reference Date of May 25October 3, 2006 2001, between SDCO GATEWAY COMMERCE I & IICalwest Industrial Properties, INC.LLC, a California limited liability company, as Landlord and REATA PHARMACEUTICALSCirilium Incorporated, INC., a Florida corporation as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).RULES AND REGULATIONS
Appears in 1 contract
Samples: Sk Technologies Corp
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of LandlordLxxxxxxx’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: CIT GUILFORD DRIVE LLC, a Delaware limited liability company NxXxx MOBILITY, INC., . a Delaware corporation By: RREEF Management CompanyAmerica, L. L. C., a Delaware corporationlimited liability company, its Authorized Agent authorized agent By: By: /s/ Exxx Xxxxxxxx Name: Name: Xxx Exxx Xxxxxxxx Title: VP, Regional Director Title: CEO/President Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30October 7, 2006 2010 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25October 1, 2006 2010 between SDCO GATEWAY COMMERCE I & II, INC.CIT Guilford Drive LLC, as Landlord and REATA PHARMACEUTICALSOn the NxXxx Mobility, INC.Inc., as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 B – SITE PLAN INTENTIONALLY OMITTED EXHIBIT C – INTENTIONALLY OMITTED EXHIBIT D – RULES AND REGULATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25October 1, 2006 2010 between SDCO GATEWAY COMMERCE I & II, INC.CIT Guilford Drive LLC, as Landlord and REATA PHARMACEUTICALSOn the NxXxx Mobility, INC.Inc., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Deed of Lease (Nugen Holdings, Inc.)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: VALWOOD CENTREPORT, LP, a Texas limited partnership VXXXXXXX.XXX, INC., a Delaware corporation By: RREEF Management Company, a Delaware By: /s/ Dxxxx X. Xxxxxx corporation, its Authorized Agent Name: DXXXX X. XXXXXX Title: PRESIDENT Dated: OCT 17, 2006 By: /s/ Axxxxxx Xxxxx Name: Xxx Xxxxxxxx Axxxxxx Xxxxx Title: VPVice President, Regional Director District Manager Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30October 28, 2006 EXHIBIT A – — FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25October 16, 2006 between SDCO GATEWAY COMMERCE I & IIValwood Centreport, INC.LP, a Texas limited partnership, as Landlord and REATA PHARMACEUTICALSVxxxXxxx.xxx, INC.Inc., a Delaware corporation, as Tenant 1000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxx, containing approximately 16,575 square feet Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN Landlord Tenant attached to and made a part of Lease bearing the Lease Reference Date of May 25October 16, 2006 between SDCO GATEWAY COMMERCE I & IIValwood Centreport, INC.LP, a Texas limited partnership, as Landlord and REATA PHARMACEUTICALSVxxxXxxx.xxx, INC.Inc., a Delaware corporation, as Tenant Valwood Park Centreport — 1000, Xxxxxxxxxx, Xxxxx Exhibit A-1 A-l is intended only to show the general layout location of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN Landlord Tenant EXHIBIT B – — INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25October 16, 2006 between SDCO GATEWAY COMMERCE I & IIValwood Centreport, INC.LP, a Texas limited partnership, as Landlord and REATA PHARMACEUTICALSVxxxXxxx.xxx, INC.Inc., a Delaware corporation, as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant Landlord agrees to submit to Landlord the plans and specifications for the Leasehold Improvements to Tenant for written approval. Tenant shall advise Landlord’s approval, includingno later than two (2) days after receipt of such plans and specifications, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The of its approval of such plans and specifications or, if applicable, of any matters which are unsatisfactory or require change. The approved plans and specifications, including all changes required by Landlord Landlord, shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. So long as no Event of Default (or any event which with notice and/or lapse of time could become an Event of Default) has occurred under the Lease, Landlord agrees to provide Tenant an allowance equal to Thirty-Three Thousand One Hundred Fifty and No/100 Dollars ($10.00 per square foot of the Premises 33,150.00) (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use and satisfaction of any architectural or design fees, Any work (labor or materials) outside the scope of the Approved Plans or the cost of which is in excess of the Improvement Allowance is expressly conditioned upon shall be at Tenant’s sole cost and expense. Tenant agrees that within five (5) days after receipt of a copy of the contractor’s estimate (the “Estimate”) for completion of all the Leasehold Improvements, Tenant shall deliver to Landlord an immediately negotiable check in an amount equal to the deficiency remaining after deducting the amount of the Improvement Allowance from the total amount set forth in the Estimate (such deficiency being referred to as “Tenant’s Contribution”). Notwithstanding the foregoing, Tenant shall remain liable for the excess of (i) any actual costs or expenses incurred for completion of the Leasehold Improvements and satisfaction of any architectural or design fees, over (ii) the sum of the Improvement Allowance and Tenant’s Contribution. Tenant shall reimburse Landlord for any such additional amount within thirty (30) days after receipt of an invoice therefor, and if not paid within such ten (10) day period, Landlord shall be entitled to a late charge equal to ten percent (10%) of such additional amount. In addition, should the actual cost of completing the Leasehold Improvements in accordance with the Approved Plans. Tenant Plans and satisfying any architectural or design fees be less than the Estimate, Landlord shall be liable for any additional costs over refund the excess of (a) the sum of the Improvement Allowance and Tenant’s Contribution, over (b) the actual cost of completing the Leasehold Improvements and satisfying any architectural or design fees, provided that such refund shall be no greater than Tenant’s Contribution. Any portion of the Improvement Allowance remaining upon completion of the Leasehold Improvements shall be deemed forfeited by Tenant. Tenant acknowledges and agrees that Landlord has conditioned its agreement to complete the Leasehold Improvements in accordance with on the funding of the Improvement Allowance on or before March 31, 2008. In the event Landlord and Tenant have not agreed upon the Approved Plans. If the cost of Plans on or before December 31, 2007, Landlord will have no further obligation to complete the Leasehold Improvements is less than the Improvement AllowanceImprovements, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid deemed forfeited by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. AJ DTS Landlord Tenant EXHIBIT C – COMMENCEMENT DATE MEMORANDUM — INTENTIONALLY DELETED attached to and made a part of Lease beating bearing the Lease Reference Date of May 25October 16, 2006 between SDCO GATEWAY COMMERCE I & IIValwood Centreport, INC.LP, a Texas limited partnership, as Landlord and REATA PHARMACEUTICALSVxxxXxxx.xxx, INC.Inc., a Delaware corporation, as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUMAJ DTS Landlord Tenant EXHIBIT D — RULES AND REGULATIONS attached to and made a part of Lease bearing the Lease Reference Date of October 16, made 2006 between Valwood Centreport, LP, a Texas limited partnership, as of Landlord and VxxxXxxx.xxx, 20 Inc., by and between (“Landlord”) and (“a Delaware corporation, as Tenant”).
Appears in 1 contract
Samples: Viewcast Com Inc
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease lease shall be limited to and enforceable only against and to the extent of Landlord’s 's interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease lease are not intended to be and shall not be personally binding on, nor shall any resort be had made to the private properties of of, any of its or its investment manager’s 's trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for from any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: MP SORRENTO MESA, INCLLC, a Delaware FRANKLIN WIRELESS CORP., a Delaware limited liability company California corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: /s/ Xxxxx Xxxxx By: /s/ Ok Xxxx Xxx ------------------------------------- ----------------------------------- Name: J. Xxxxxx Xxxxx Xxxxx Name: Ok Xxxx Xxx Title: CEO Vice President/Regional Director Title: President Dated: 6/30, 2006 4/1/05 Dated: 3/22/05 EXHIBIT A – - FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25March 16, 2006 2005 between SDCO GATEWAY COMMERCE I & IIMP SORRENTO MESA, INC.LLC, a Delaware limited liability company, as Landlord and REATA PHARMACEUTICALSFRANKLIN WIRELESS CORP., INC.a California corporation, as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s 's rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Franklin Wireless Corp
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of LandlordXxxxxxxx’s interest in the BuildingPremises at the time of this Lease, including all rents and proceeds with respect theretowhich is mutually agreed to be Seven Million Five Hundred Thousand Dollars ($7,500,000). The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case (except for Xxxxxxxx’s gross negligence or willful misconduct) shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this LeaseLANDLORD TENANT CALWEST INDUSTRIAL PROPERTIES, Tenant shall not be liable to Landlord for any lost profitsLLC, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IIa California limited liability company NATURAL ALTERNATIVES INTERNATIONAL, INC., a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent Property Manager By: Name/s/ Xxxx X. Xxxxxxxx By: Xxx /s/ Xxxx X. XxXxxx Xxxx X. Xxxxxxxx Xxxx X. XxXxxx Title: VPVice President Title: Chairman and Chief Executive Officer Date: Oct 30, Regional Director Dated2003 Date: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation _________________________________________________ By: Name: J. /s/ Xxxxx X. Xxxxxx Xxxx Xxxxxxx Xxxxxx Title: CEO DatedPresident Date: 6/30, 2006 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES 10.27.03 ADDENDUM TO LEASE attached to and made a part of Lease bearing the Lease Reference Date of May 25June 12, 2006 2003, between SDCO GATEWAY COMMERCE I & IICALWEST INDUSTRIAL PROPERTIES, a California limited liability company, as Landlord and NATURAL ALTERNATIVES INTERNATIONAL, INC., as Landlord and REATA PHARMACEUTICALS, INC.a Delaware corporation, as Tenant Exhibit A is intended only to show In the general layout event of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 conflict between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees Addendum to submit Lease and the Lease, the terms of this Addendum to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INCcontrol., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s 's interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its trustees or board of directors and officers, as the case may be, its investment manager’s trustees, directorsthe general partners thereof, officers, partners, or any beneficiaries, members, stockholders, employees, or agents. In no case shall agents of Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damagesthe investment manager. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: SIERRA TRINITY INDUSTRIAL PARK, INC.Biex, Inc. a property of RREEF Performance Partnership-I, L.P., a Delaware corporation an Illinois limited partnership By: RREEF Management CompanyMANAGEMENT COMPANY, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware California corporation By: Name/s/ Xxxxxx Xxxx By: J. /s/ H. Xxxx Xxxx ------------------------- --------------------- Xxxxxx X. Xxxx Title: CEO DatedVice President Title: 6/30, 2006 VP Operations Property Management and R & D ------------------ EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES "A" attached to and made a part of that certain Lease bearing the Lease Reference Date Agreement dated November 13, 1995, by and between SIERRA TRINITY INDUSTRIAL PARK, a property of May 25RREEF Performance Partnership-I, 2006 between SDCO GATEWAY COMMERCE I & IIL.P., INC.an Illinois limited partnership, as Landlord Landlord, and REATA PHARMACEUTICALSBiex, INC.Inc., a Delaware corporation, as Tenant Tenant, for the Premises commonly known as 0000 Xxxxxx Xxxxx, Xxxxx X, Xxxxxx, Xxxxxxxxxx. PREMISES Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s 's rights set forth in Article 17 Section 17.2 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaledscale; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers [GRAPHIC OMITTED] EXHIBIT A-1 – SITE PLAN "A" page one of one EXHIBIT "B" attached to and made a part of that certain Lease bearing the Lease Reference Date Agreement dated November 13, 1995, by and between SIERRA TRINITY INDUSTRIAL PARK, a property of May 25RREEF Performance Partnership-I, 2006 between SDCO GATEWAY COMMERCE I & IIL.P., INC.an Illinois limited partnership, as Landlord Landlord, and REATA PHARMACEUTICALSBiex, INC.Inc., a Delaware corporation, as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this LeaseTenant. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawingsshall, at Tenant’s its sole cost and expense. The , improve the Lease Premises per plans and specifications including all changes required by Landlord shall be referred to herein Xxxxxxx X. Xxxxx Construction dated October 17, 1995 as shown on the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements plan below in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM Work Letter attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INChereto., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Lease (Biex Inc)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its trustees or board of directors and officers, as the case may be, its investment manager’s trustees, directorsthe general partners thereof, officers, partners, or any beneficiaries, members, stockholders, employees, or agents. In no case shall agents of Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damagesthe investment manager. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: Crossings Commercial LLC, INC., a Delaware corporation an Illinois limited liability company By: RREEF Management Company, a Delaware corporation, its Authorized Agent /s/ Axxxxx XxXxxxx By: Name/s/ Bxxxx X. Xxxxx Its: Xxx Xxxxxxxx Manager Title: VP, Regional Director Executive Vice President Dated: 7/5December 29, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO 2005 Dated: 6/30December 29, 2006 2005 Initials CROSSINGS FORM LEASE — NO PERCENTAGE RENT EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25_____November 9, 2006 2005__ between SDCO GATEWAY COMMERCE I & IICrossings Commercial LLC, INC.an Illinois limited liability company, as Landlord and REATA PHARMACEUTICALS, INC.Midwest Bank and Trust Company, as Tenant Exhibit A is intended only to show the general layout for exhibit A, attach copy of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 building floor plan with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances space H shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers Initials CROSSINGS FORM LEASE — NO PERCENTAGE RENT EXHIBIT A-1 – SITE PLAN B attached to and made a part of Lease bearing the Lease Reference Date of May 25___November 9, 2006 2005__ between SDCO GATEWAY COMMERCE I & IICrossings Commercial LLC, INC.an Illinois limited liability company, as Landlord and REATA PHARMACEUTICALS, INC.Midwest Bank and Trust Company, as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any for exhibit B, attach copy of Landlord’s rights set forth in Article 17 with respect Share of Work document created by contractor Cxxxxxx Builders and indicating Landlord to arrangements and/or locations pay $52,064.00 as its portion of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN build out Initials CROSSINGS FORM LEASE — NO PERCENTAGE RENT EXHIBIT B – INITIAL ALTERATIONS C attached to and made a part of Lease bearing the Lease Reference Date of May 25___November 9, 2006 2005__ between SDCO GATEWAY COMMERCE I & IICrossings Commercial LLC, INC.an Illinois limited liability company, as Landlord and REATA PHARMACEUTICALS, INC.Midwest Bank and Trust Company, as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).RULES AND REGULATIONS
Appears in 1 contract
Samples: Lease (Midwest Banc Holdings Inc)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s Xxxxxxxx's interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its trustees or board of directors and officers, as the case may be, its investment manager’s trustees, directorsthe general partners thereof, officers, partners, or any beneficiaries, members, stockholders, employees, or agentsagents of Landlord or the investment manager. In no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. See Addendum LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: CalWest Industrial Properties, INC.LLC, Invitrogen Corporation, --------------------------------------- ----------------------------------- a California limited liability company a Delaware corporation BY: RREEF America, L.L.C., a --------------------------------------- ----------------------------------- Delaware limited liability company By: RREEF Management Company, a Delaware corporation, its Authorized Agent /s/ [ILLEGIBLE] By: Name: Xxx Xxxxxxxx /s/ [ILLEGIBLE] ------------------------------------ -------------------------------- Title: VP, Regional Director VP - authorized Representative Title: Vice President --------------------------------- ----------------------------- Dated: 7/56/11, 2006 TENANT2001 Dated: REATA PHARMACEUTICALSJune 6, INC., a Delaware corporation 2001 ------ --- -------- --- By: Name: J. Xxxxxx Xxxx /s/ [ILLEGIBLE] -------------------------------- Title: CEO Dated: 6/30Vice President, 2006 Gen. Counsel ----------------------------- & Secretary ----------------------------- EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25MAY 31, 2006 2001 between SDCO GATEWAY COMMERCE I & IICALWEST INDUSTRIAL PROPERTIES, INC.LLC, as Landlord and REATA PHARMACEUTICALS, INC.INVITROGEN CORPORATION, as Tenant PREMISES Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s 's rights set forth in Article 17 Section 16.1 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN A [GRAPHIC] EXHIBIT B – "B" INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant BY TENANT Tenant shall take the Premises in construct its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining tenant improvements to the Premises, wiringin accordance with this EXHIBIT B, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion together with applicable provisions of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INCLease., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s the rent and other revenues of the Building, insurance proceeds, sales proceeds and condemnation awards in respect to the Building, and any other interest of Landlord in the Building, including all rents and proceeds with respect theretoLandlord shall not be personally liable for any deficiency, except that Landlord shall be and remain personally liable to account to Tenant for any fraud, environmental liabilities and other damages occurring by reason of the willful misconduct of Landlord. This clause shall not be deemed to limit or deny any remedies which Tenant may have in the event of default by Landlord hereunder which do not involve the personal liability of Landlord. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment property manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In no case shall Landlord or Tenant be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord the other party hereto for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: CLP PROPERTIES TEXAS, L.P., a Delaware limited partnership AXXXX GOLF, INC., a Delaware Texas corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation 2008 By: Name: J. Xxxxxx Xxxx Cxxxxxx Xxxxxxxxxxx Title: CEO District Manager Dated: 6/30, 2006 2008 10/31/01 CALWEST TX MTIN REVISED 7/15/02 2000 X. Xxxxx Xxxx., Xxxxx, Xxxxx XX-000000 v6 1202810-00004 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25January 31, 2006 2008 between SDCO GATEWAY COMMERCE I & IICLP Properties Texas, INC.L.P., as Landlord and REATA PHARMACEUTICALSAxxxx Golf, INC.Inc., as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX10/31/01 CALWEST TX MTIN REVISED 7/15/02 2000 X. Xxxxx Xxxx., XXXXXXXxxxx, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers Xxxxx XX-000000 v6 1202810-00004 Initial Here EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25January 31, 2006 2008 between SDCO GATEWAY COMMERCE I & IICLP Properties Texas, INC.L.P., as Landlord and REATA PHARMACEUTICALSAxxxx Golf, INC.Inc., as Tenant Exhibit A-1 is intended only to show the general layout location of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX10/31/01 CALWEST TX MTIN REVISED 7/15/02 2000 X. Xxxxx Xxxx., XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - Xxxxx, Xxxxx XX-000000 v6 1202810-00004 Initial Here A1-1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25January 31, 2006 2008 between SDCO GATEWAY COMMERCE I & IICLP Properties Texas, INC.L.P., as Landlord and REATA PHARMACEUTICALSAxxxx Golf, INC.Inc., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant On or before May 1, 2008, Txxxxx agrees to submit to Landlord the plans and specifications for the a list of Leasehold Improvements for Landlord’s approval, includingwhich approval shall not be unreasonably withheld, without limitation, final architectural drawings, at Tenant’s sole cost and expenseconditioned or delayed. The plans and specifications as approved by Landlord, including all changes required by Landlord and approved by Tenant, shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved PlansPlans and in accordance with the budget therefor as approved in advance in writing by Tenant. Landlord agrees to provide Tenant an allowance equal to $10.00 2.05 per square foot of the Premises ($133,526.75) (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlordand all costs in connection therewith. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans; provided that in the event such additional costs over the Improvement Allowance were not contemplated and approved by Tenant in connection with the approved budget therefor, then such additional costs shall be paid solely by Landlord, which costs shall not be subject to reimbursement by Tenant. If Tenant shall reimburse Landlord for the cost costs of the Leasehold Improvements is less than which are contemplated by the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of approved budget and which are over the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion amount of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenantof Landlord’s submission to request thereof. Landlord of invoices reasonably satisfactory to Landlord aggregating shall complete the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant hiring a construction management the not contractor to exceed four percent (4%) of the costs of install or construct the Leasehold Improvements in connection accordance with the first phase of construction; howeverApproved Plans. 10/31/01 CALWEST TX MTIN REVISED 7/15/02 2000 X. Xxxxx Xxxx., Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants thatXxxxx, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. Xxxxx XX-000000 v6 1202810-00004 Initial Here EXHIBIT C – COMMENCEMENT DATE MEMORANDUM (Intentionally Deleted) 10/31/01 CALWEST TX MTIN REVISED 7/15/02 2000 X. Xxxxx Xxxx., Xxxxx, Xxxxx XX-000000 v6 1202810-00004 Initial Here EXHIBIT D – RULES AND REGULATIONS attached to and made a part of Lease beating bearing the Lease Reference Date of May 25January 31, 2006 2008 between SDCO GATEWAY COMMERCE I & IICLP Properties Texas, INC.L.P., as Landlord and REATA PHARMACEUTICALSAxxxx Golf, INC.Inc., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Adams Golf Inc
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s 's interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s 's trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: RREEF AMERICA REIT II CORP. PPP, ART TECHNOLOGY GROUP, INC., a Maryland corporation a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxxx M.B. Xxxxxxx ------------------------------------ --------------------------------- Name: Xxx Xxxxxxxx Xxxxx X. Xxxxx Name: ------------------------------- Title: VP, Regional Director Vice President - District Manager Title: ------------------------------ Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30, 2006 ------------- ------------ EXHIBIT A – - FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25ATTACHED TO AND MADE A PART OF LEASE BEARING THE LEASE REFERENCE DATE OF APRIL 12, 2006 between SDCO GATEWAY COMMERCE I & II0000 XXXXXXX XXXXX XXXXXXX REIT II CORP. PPP, AS LANDLORD AND ART TECHNOLOGY GROUP, INC., as Landlord AS TENANT XXXXXXXXXX XXXXXX XXXX, XXX XXXX XXXXXX, XXXXXXXXX, XXXXXXXXXXXXX 00000 Exhibits A and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A is A-1 are intended only to show the general layout of the Premises and the Building as of the beginning of the Term of this Lease. It They does not in any way supersede any of Landlord’s 's rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is They are not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Lease (Art Technology Group Inc)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord Tenant for injury to Tenant or any lost profitsof the Tenant Parties, damage to businessthe property of Tenant or any of the Tenant Parties, or loss of business or profits by any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & II, INC., a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30, 2006 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect Tenant Parties, nor shall Tenant be entitled to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that terminate this Lease shall be executed subject or to satisfactory approval any reduction in or abatement of the Approved Plans rent by Landlord and Tenant within five (5) business days from signature reason of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining Landlord’s failure to provide security services or systems within the Property for the protection of the Leased Premises, wiringBuilding 2 or the Common Areas, cabling and signage in or about the Premises necessary for protection of the operation property of Tenant’s business within Tenant or any of the Premises and Tenant Parties, or (ii) Landlord’s breach of its obligation to perform any direct moving costs maintenance or repairs to the Leased Premises, Building 2, the Common Areas or the Property which it is required under Paragraph 5.1(b) above to perform, until Tenant shall have first notified Landlord, in writing, of the need for such maintenance or repairs, and then only after Landlord shall have had a reasonable period of time following its receipt of such notice within which to perform such maintenance or repairs; provided, however, that Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance rent obligations shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up equitably xxxxx to the amount set forth above within thirty (30) days after Tenant’s submission extent Tenant is unable to Landlord of invoices reasonably satisfactory to Landlord aggregating use the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Leased Premises for the Permitted Uses during the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair and same at Landlord’s sole cost and election, unless such defect is caused by Landlord’s breach, (iii) any failure, interruption, rationing or other curtailment in the act supply of water, electric current, gas or neglect other utility service to the Leased Premises, Building 2, the Common Areas or the Property from whatever cause (other than Landlord’s gross negligence or willful misconduct, in which case Tenant’s rent obligations shall equitably xxxxx to the extent Tenant is unable to use the Leased Premises for the Permitted Uses during the period of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating such failure, interruption, rationing or other curtailment caused by Landlord’s gross negligence or willful misconduct), or (iv) the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , unauthorized intrusion or entry into the Leased Premises by and between third parties (“other than Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: By and Between (Applovin Corp)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents the rents, issues and proceeds with respect theretothereof. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to businessTenant, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord Landlord, hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & II, INC.TENANT: RREEF AMERICA REIT II CORP. PPP, a Delaware Maryland corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA AEGERION PHARMACEUTICALS, INC., a Delaware corporation By: By: Name: J. Xxxxxx Xxxx X. Xxxxxx Name: Title: CEO Vice President Title: Dated: 6/30, 2006 2010 Dated: , 2010 10/31/01 SOG (BY)-INS 25 Revised 12/05 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25December 22, 2006 2010, 2010 between SDCO GATEWAY COMMERCE I & II, INC.RREEF AMERICA REIT II CORP. PPP, as Landlord and REATA AEGERION PHARMACEUTICALS, INC., as Tenant Exhibit Xxxxxxxxxx Xxxxxx Xxxx, 000 Xxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 The Premises consists of the two spaces designated “Available” below, 1,693 SF and 7,048 SF. Exhibits A is and A-1 are intended only to show the general layout of the Premises and the Building as of the beginning of the Term of this Lease. It They does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is They are not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers Revised 12/05 EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25December 22, 2006 2010, 2010 between SDCO GATEWAY COMMERCE I & II, INC.RREEF AMERICA REIT II CORP. PPP, as Landlord and REATA AEGERION PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only Xxxxxxxxxx Xxxxxx Xxxx, 000 Xxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 10/31/01 SOG (BY)-INS A-1-1 Initials Revised 12/05 EXHIBIT A-2 – LEGAL DESCRIPTION OF THE LOT attached to show and made a part of Lease bearing the general layout Lease Reference Date of the Premises December 22, 2010, 2010 between RREEF AMERICA REIT II CORP. PPP, as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building Landlord and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken AEGERION PHARMACEUTICALS, INC., as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXXTenant Xxxxxxxxxx Xxxxxx Xxxx, XX 000 Xxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 10/31/01 SOG (BY)-INS A-2-1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN Initials Revised 12/05 EXHIBIT B – — INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25December 22, 2006 2010, 2010 between SDCO GATEWAY COMMERCE I & II, INC.RREEF AMERICA REIT II CORP. PPP, as Landlord and REATA AEGERION PHARMACEUTICALS, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approvalXxxxxxxxxx Xxxxxx Xxxx, including000 Xxxx Xxxxxx, without limitationXxxxxxxxx, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).Xxxxxxxxxxxxx 00000
Appears in 1 contract
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord Tenant for injury to Tenant or any lost profitsof the Tenant Parties, damage to businessthe property of Tenant or any of the Tenant Parties, or loss of business or profits by any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & II, INC., a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30, 2006 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A is intended only to show the general layout of the Premises Tenant Parties, nor shall Tenant be entitled to terminate this Lease or to any reduction in or abatement of rent (except as provided below) by reason of (i) Landlord’s failure to provide security services or systems within the Property for the protection of the beginning Leased Premises, Building 3 or the Common Areas, or the protection of the Term property of Tenant or any of the Tenant Parties, or (ii) Landlord’s failure to perform any maintenance or repairs to the Leased Premises, Building 3, the Building 3 Common Areas or the Property until Tenant shall have first notified Landlord, in writing, of the need for such maintenance or repairs, and then only after Landlord shall have had a reasonable period of time following its receipt of such notice within which to perform such maintenance or repairs, or (iii) any failure, interruption, rationing or other curtailment in the supply of water, electric current, gas or other utility service to the Leased Premises, Building 3, the Common Areas or the Property from whatever cause (other than Landlord’s gross negligence or willful misconduct), or (iv) the unauthorized intrusion or entry into the Leased Premises by third parties (other than Landlord). Notwithstanding the foregoing, if as a result of a default by Landlord of any of its obligations set forth in this Lease. It does not in any way supersede any , or as a result of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts gross negligence or willful misconduct, all or a portion of the Building Leased Premises is rendered untenantable and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX.unusable by Tenant, XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take give Landlord notice (the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) Abatement Notice”), specifying such failure to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required perform by Landlord shall be referred to herein as (the “Approved PlansAbatement Event”). Both If Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant has not cured such Abatement Event within five (5) business days from signature after the receipt of the Abatement Notice (or within five (5) days after the earlier date Landlord otherwise had actual knowledge of such Abatement Event, Tenant bearing the burden of proof to establish the date of such knowledge), Tenant may immediately xxxxx Base Rent and Tenant’s Share of Property Operating Expenses, Property Insurance Expenses and Real Property Taxes payable under this Lease Agreementfor that portion of the Leased Premises rendered untenantable and not used by Tenant, for the period from the commencement of such Abatement Event until the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Leased Premises; provided that if the entire Leased Premises has not been rendered untenantable and unusable by the Abatement Event, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Leased Premises (which shall be based on a ratio of the square feet of rentable area rendered untenantable and unusable to all of the rentable area of the Leased Premises leased by Tenant) so rendered untenantable and unusable and not used by Tenant. Landlord shall complete In the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. event of any Abatement Event, Landlord agrees to provide Tenant an allowance equal use commercially reasonable efforts to $10.00 per square foot remedy the same as promptly as possible. Such right to xxxxx Base Rent and Tenant’s Share of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant Property Operating Expenses shall be liable for any additional costs over Tenant’s sole and exclusive right to xxxxx Base Rent and Tenant’s Share of Property Operating Expenses as the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost result of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excessan Abatement Event, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of shall not otherwise limit Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”)remedies for an Abatement Event. Any remaining portion of the Improvement Allowance Except as provided in this Paragraph 5.2, nothing contained herein shall be the property interpreted to mean that Tenant is excused from paying full Rent due hereunder. This paragraph is not applicable to events covered by Articles 10 or 11 of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INCthis Lease., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: By And (Kodiak Sciences Inc.)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its trustees or board of directors and officers, as the case may be, its investment manager’s trustees, directorsthe general partners thereof, officers, partners, or any beneficiaries, members, stockholders, employees, or agents. In no case shall agents of Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damagesthe investment manager. LANDLORD: SDCO GATEWAY COMMERCE I & II, INC.TENANT: SFERS Real Estate Corp. T, a Delaware corporation The Avatar Group Inc., an Ohio corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent corporation By: Name/s/ Xxxxxx Xxxxxxxxx By: Xxx /s/ A. Xxxxxxx Xxxxxxxx Xxxxxx Xxxxxxxxx Title: VP, Regional Director President Title: District Manager Dated: 7/56/21/1999 Dated: June 21, 2006 1999 WITNESSES FOR LANDLORD: WITNESSES FOR TENANT: REATA PHARMACEUTICALS/s/ [ILLEGIBLE] /s/ [ILLEGIBLE] /s/ Xxxx X. Xxxxxxxxx /s/ Xxxx X. Xxxxxxxxx STATE OF OHIO ) )SS. COUNTY OF FRANKLIN ) I, INC.a Notary Public in and for said County in the State aforesaid, do hereby certify that Xxxx Xxxxxxxxx, District Manager of RREEF Management Company, a Delaware corporation, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such District Manager, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said corporation for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 21st day of June 1999. By: Name/s/ Xxxx X. Xxxxxxxxx Notary Public Xxxx X. Xxxxxxxxx My Commission expires: J. Xxxxxx Notary Public, State of Ohio Commission Expires March 6, 2002 STATE OF OHIO ) )SS. COUNTY OF FRANKLIN ) I, a Notary Public in and for, said County in the State aforesaid, do hereby certify that A. Xxxxxxx Xxxxxxxx, President of The Avatar Group, a Ohio corporation, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such President, appeared before me this day in person and acknowledged that he signed and delivered said instrument as own free and voluntary act and as the free and voluntary act of said company for the uses and purposes therein set forth. GIVEN under my hand and Notarial seal this 21st day of June, 1999. By: /s/ Xxxx TitleX. Xxxxxxxxx Notary Public Xxxx X. Xxxxxxxxx My Commission expires: CEO Dated: 6/30Notary Public, 2006 State of Ohio Commission Expires March 6, 2002 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25June 21, 2006 1999 between SDCO GATEWAY COMMERCE I & II, INC.SFERS Real Estate Corp. T, as Landlord and REATA PHARMACEUTICALSThe Avatar Croup, INC.Inc., as Tenant PREMISES Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does docs not in any way supersede any of Landlord’s rights set forth in Article 17 Section 17.2 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers LEASED PREMISES APPROXIMATELY 12,302 Square Feet EXHIBIT A-1 – SITE PLAN B attached to and made a part of Lease bearing the Lease Reference Date of May 25June 21, 2006 1999 between SDCO GATEWAY COMMERCE I & II, INC.SFERS Real Estate Corp. T, as Landlord and REATA PHARMACEUTICALS, INC.The Avatar Group, as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).WORK LETTER #3
Appears in 1 contract
Samples: Lease (Globalwise Investments Inc)
Limitation of Landlord’s Liability. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord’s 's interest in the Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of of, any of its or its investment manager’s 's trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents. In , and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. LANDLORD: SDCO GATEWAY COMMERCE I & IITENANT: CALWEST INDUSTRIAL PROPERTIES, LLC, LIMELIGHT NETWORKS, INC., a Delaware corporation A DELAWARE CORPORATION A CALIFORNIA LIMITED LIABILITY COMPANY By: RREEF Management CompanyMANAGEMENT COMPANY, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 TENANT: REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30, 2006 EXHIBIT A – - FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25September 7, 2006 2005 between SDCO GATEWAY COMMERCE I & IICalwest Industrial Properties, INC.LLC, as Landlord and REATA PHARMACEUTICALSLimelight Networks, INC.Inc., as Tenant Exhibit Exhibits A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s 's rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX.801 South 16th Street Phoenix, XXXXXX, XX Arizona 00000 LOCATION MAP KEY 0,000 Xxxxxx Xxxx (FLOOR PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers DEPICTING THE PREMISES) EXHIBIT A-1 – - SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25September 7, 2006 2005 between SDCO GATEWAY COMMERCE I & IICalwest Industrial Properties, INC.LLC, as Landlord and REATA PHARMACEUTICALSLimelight Networks, INC.Inc., as Tenant Exhibit Exhibits A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s 's rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. SKY HARBOR - 801 SOUTH 16TH Phoenix, Arizona (XXXXXXXXX XX XXXX XXXX) 801 SOUTH 16TH STREET PHOENIX, ARIZONA 80000 0,000 XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN A1 - 1 Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN XXXX EXHIBIT B – INITIAL ALTERATIONS attached to and made a part of Lease bearing the Lease Reference Date of May 25- BILL OF SALE ATTACHED TO AND MADE A PART OF LEASE BEXXXXG THE LEASE REFERENCE DATE OF SEPTEMBER 7, 2006 between SDCO GATEWAY COMMERCE I & II2005 BETWEEN CALWEST INDUSTRIAL PROPERTIES, LLC, AS LANDLORD AND LIMELIGHT NETWORKS, INC., as Landlord AS TENANT BILL OF SALE Calwest Industrial Properties, LLC ("Seller"), FOR XXXUABLE CONSIDERATION, the receipt and REATA PHARMACEUTICALSsufficiency of which is hereby acknowledged, INC.does hereby grant, as Tenant Tenant shall take the Premises sell, transfer and deliver to Limelight Networks, Inc. ("Buyer") all of its right, title and interest in its “as-is” condition except for certain Leasehold Improvements (herein so called) and to the Premises which shall be completed in accordance with following described property (hereinafter the terms of this Exhibit B. Tenant agrees "Property") heretofore located at 801 S. 16th St., Phoenix, AZ: Two (2) 30 ton Leibert air conditioning xxxxx, xxx xxx xxxxxx xxx xacks associated txxxxxxxh. Seller makes no warranty and/or representation as to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s approval, including, without limitation, final architectural drawings, at Tenant’s sole cost and expense. The plans and specifications including all changes required by Landlord shall be referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval condition of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete Property, that it is the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot lawful owner of the Premises (Property, that the “Improvement Allowance”)Property is free from liens, which allowance security interests and/or encumbrances, or that the Property is to be used solely suitable for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or about the Premises necessary for the operation of Tenant’s business within the Premises and (ii) any direct moving costs of Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall be the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord shall replace or repair same at Landlord’s sole cost and election, unless such defect is caused by the act or neglect of Tenant. EXHIBIT C – COMMENCEMENT DATE MEMORANDUM attached to and made a part of Lease beating the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INCBuyer's intended purposes., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant COMMENCEMENT DATE MEMORANDUM THIS MEMORANDUM, made as of , 20 , by and between (“Landlord”) and (“Tenant”).
Appears in 1 contract
Samples: Lease (Limelight Networks, Inc.)