Monument Signage. 2.1. So long as (i) Tenant is not in Default under the terms of the Lease; (ii) Tenant is in occupancy of the Premises; (iii) Tenant has not assigned the Lease (other than pursuant to a Permitted Transfer) or sublet any part of the Premises (other than to an Affiliate), and (iv) Tenant notifies Landlord prior to December 31, 2015, of its desire to have a Panel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”), Tenant shall have the right, subject to the terms hereof, to have its name placed (in each case, a the “Panel”) on the monument sign serving the Building (the location of which is shown on Exhibit H) (the “Monument Sign”). The installation of the Panel shall be subject to (a) the approval of any governmental authority having jurisdiction and (b) the existing rights of existing tenants in the Building. The location of the Panel shall be subject to Landlord’s reasonable discretion. The Panel shall (1) be designed by Landlord, (2) contain the Tenant’s name, (3) be of a similar size and style as the names of other tenants on the Monument Sign and be harmonious with the design standards of the Building and Monument Sign, (4) be affixed to the Monument Sign in a manner consistent with the other tenant names on the Monument Sign, and (5) if the other tenant names on the Monument Sign are currently illuminated, be illuminated in a similar manner. Following receipt of all necessary governmental approvals and so long as the Signage Conditions are satisfied, Landlord, at Tenant’s sole cost and expense, shall fabricate, construct and thereafter install the Panel on the Monument Sign. All costs for which Tenant is responsible under this Section 2.1 shall be paid by Tenant to Landlord within 30 days of written request by Landlord. 2.2. Although Landlord will perform the maintenance and repair to the Monument Sign and the Panel, Tenant shall be liable for all costs related to such maintenance, and, if applicable, illumination thereof. In the event that additional names are listed on the Monument Sign, all future costs of maintenance and repair shall be prorated between Tenant and the other parties that are listed on the Monument Sign. All costs for which Tenant is responsible under this Section 2.2 shall be paid by Tenant to Landlord within 30 days of written request by Landlord. 2.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) any of the Signage Conditions are no longer satisfied, then Tenant's rights granted herein will terminate and Tenant, at its cost within 30 days after request by Landlord, shall remove Tenant’s Panel from the Monument Sign and restore the affected portion of the Monument Sign to the condition it was in prior to installation of Tenant’s Panel, ordinary wear and tear excepted. If Tenant does not perform such work within such 30 day period, then Landlord may do so, at Tenant’s cost, and Tenant shall reimburse Landlord for the cost of such work within 30 days after request therefore. The provisions of this Section 2.3 shall survive expiration or earlier termination of the Lease. 2.4. Landlord may, at anytime during the Term (or any extension thereof), upon 30 days prior written notice to Tenant, relocate the position of Tenant's Panel. The cost of such relocation of Tenant's Panel shall be at the cost and expense of Landlord.
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Monument Signage. 2.14.1. So long as (i) Tenant is not in Default under the terms of the Lease; (ii) Tenant is in occupancy of the Premises; (iii) Tenant has not assigned the Lease (other than pursuant to a Permitted Transfer) or sublet any part of the Premises (other than pursuant to an Affiliatea Permitted Transfer), and (iv) Tenant notifies Landlord prior to December 31, 20152024, of its desire to have a Panel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”), Tenant shall have the right, subject to the terms hereof, to have its name placed (in each case, a the “Panel”) on the shared Building monument sign serving located at the East Hillsdale entrance to the Building (the location of which is shown on Exhibit H) (the “"Monument Sign”"). The installation of the Panel shall be subject to (a) the approval of any governmental authority having jurisdiction and (b) the existing rights of existing tenants in the Building. The location of the Panel shall be subject to Landlord’s reasonable discretion. The Panel shall (1) be designed by Landlord, (2) contain the Tenant’s name, (3) be of a similar size and style as the names of other tenants on the Monument Sign and be harmonious with the design standards of the Building and Monument Sign, (4) be affixed to the Monument Sign in a manner consistent with the other tenant names on the Monument Sign, and (5) if the other tenant names on the Monument Sign are currently illuminated, be illuminated in a similar manner. Following receipt of all necessary governmental approvals and so long as the Signage Conditions are satisfied, Landlord, at Tenant’s sole cost and expense, shall fabricate, construct and thereafter install the Panel on the Monument Sign. All costs for which Tenant Txxxxx is responsible under this Section 2.1 4.1 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
2.24.2. Although Landlord will perform the maintenance and repair to the Monument Sign and the Panel, Tenant shall be liable for all costs related to such maintenance, and, if applicable, illumination thereof. In the event that additional names are listed on the Monument Sign, all future costs of maintenance and repair shall be prorated between Tenant and the other parties that are listed on the Monument Sign. All costs for which Tenant Txxxxx is responsible under this Section 2.2 4.2 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
2.34.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) any of the Signage Conditions are no longer satisfied, then Tenant's rights granted herein will terminate and Tenant, at its cost within 30 days after request by Landlord, shall remove Tenant’s Panel from the Monument Sign and restore the affected portion of the Monument Sign to the condition it was in prior to installation of Tenant’s Panel, ordinary wear and tear excepted. If Tenant does not perform such work within such 30 30-day period, then Landlord may do so, at Tenant’s cost, and Tenant shall reimburse Landlord for the cost of such work within 30 days after request therefore. The provisions of this Section 2.3 4.3 shall survive expiration or earlier termination of the Lease.
2.44.4. Landlord may, at anytime during the Term (or any extension thereof), upon 30 days prior written notice to Tenant, relocate the position of Tenant's Panel. The cost of such relocation of Tenant's Panel shall be at the cost and expense of Landlord.
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Monument Signage. 2.1. So long as Landlord agrees to request ARCO and BankAmerica ---------------- (i) Tenant is not in Default under the terms each party having rights to restrict exterior signage of the Lease; Project) in connection with the obtaining rights to place a sign upon the existing monument sign (iithe "Remodeled Monument Sign") Tenant is in occupancy outside of the Premises; (iii) Tenant has not assigned North Tower on the Lease (other than pursuant to a Permitted Transfer) or sublet any part Flower Street side of the Premises Project and only if such rights are obtained shall Tenant have its rights under this Section 30.12. Tenant may deliver written notice ------------- (other than to an Affiliate), and (ivthe "Monument Notice") notifying Landlord that Tenant notifies Landlord prior to December 31, 2015, of its desire to have a Panel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”), Tenant shall have the right, subject to the terms hereof, elects to have its name placed (in each case, a the “Panel”) on the monument sign serving Remodeled Monument Sign subject to the Building (the location terms of which is shown on Exhibit H) (the “Monument Sign”)this Section. The installation Monument Notice may be delivered anytime prior to the fifth (5th) anniversary of the Panel shall be subject Commencement Date, provided that if Landlord delivers to (a) Tenant a notice that Landlord intends to proceed with the approval of any governmental authority having jurisdiction and (b) the existing rights of existing tenants in the Building. The location construction of the Panel shall be subject to Landlord’s reasonable discretion. The Panel shall (1) be designed by Landlord, (2) contain the Tenant’s name, (3) be of a similar size and style as the names of other tenants on the Monument Sign and be harmonious with the design standards of the Building and Remodeled Monument Sign, (4) be affixed at its expense, subject to the Monument Sign in a manner consistent with the other tenant names on the Monument Sign, and (5) if the other tenant names on the Monument Sign are currently illuminated, be illuminated in a similar manner. Following receipt expense of all necessary governmental approvals and so long as the Signage Conditions are satisfied, Landlord, at Tenant’s sole cost and expense, shall fabricate, construct and thereafter install the Panel on the Monument Sign. All costs for which Tenant is responsible under this Section 2.1 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
2.2. Although Landlord will perform the maintenance and repair pay its share as provided herein if Tenant elects to the have its name on such Remodeled Monument Sign and the Panelsign, Tenant shall be liable for all costs related required to such maintenance, andsend the Monument Notice, if applicableat all, illumination thereofwithin thirty (30) days following the receipt of such notice by Landlord. In the event that additional names are listed on Tenant's failure to timely deliver the Monument Sign, Notice will cause all future costs rights of maintenance and repair shall be prorated between Tenant and the other parties that are listed on the Monument Sign. All costs for which Tenant is responsible under this Section 2.2 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
2.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) any of the Signage Conditions are no longer satisfied, then Tenant's rights granted herein will terminate and Tenant, at its cost within 30 days after request by Landlord, shall remove Tenant’s Panel from the Monument Sign and restore the affected portion of the Monument Sign to the condition it was in prior to installation of Tenant’s Panel, ordinary wear and tear excepted. If Tenant does not perform such work within such 30 day period, then Landlord may do so, at Tenant’s cost, and Tenant shall reimburse Landlord for the cost of such work within 30 days after request therefore. The provisions of this Section 2.3 shall survive expiration or earlier termination of the Lease.
2.4. Landlord may, at anytime during the Term (or any extension thereof), upon 30 days prior written notice to Tenant, relocate the position of Tenant's Panel. The cost of such relocation of Tenant's Panel shall be at the cost and expense of Landlord.30.12
Appears in 1 contract
Samples: Office Lease (Aecom Merger Corp)
Monument Signage. 2.1. So long as (i) Tenant is not in Default under the terms of the Lease; (ii) Tenant is in occupancy of the Premises; (iii) Tenant has not assigned the Lease (other than pursuant to a Permitted Transfer) or sublet any part of the Premises (other than to an Affiliate), and (iv) Tenant notifies Landlord prior to December 31, 2015, of its desire to have a Panel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”), Tenant shall have the right, subject non-exclusive right to the terms hereof, to have its name placed install one panel (in each case, a the “Tenant’s Panel”) on each of the two (2) the monument sign serving the Building signs (the location of which is shown on Exhibit H) (the “Monument Sign”). The installation of ) located at the Panel shall be subject entrance to the Building; provided that (ai) the approval size, location, materials and design of any governmental authority having jurisdiction and (b) the existing rights of existing tenants in the Building. The location of the Tenant’s Panel shall be subject to Landlord’s reasonable prior written consent, which consent may be withheld in Landlord’s sole discretion. The ; (ii) Tenant’s Panel shall comply with all applicable governmental laws, rules and regulations; (1iii) be designed by Landlord, (2) contain the Tenant’s namePanel shall be personal to the Tenant named herein and shall not be assigned to any sublessee or assignee of Tenant without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion; (3iv) Tenant shall be of a similar size and style as the names of other tenants on the Monument Sign and be harmonious responsible for all costs incurred by Tenant in connection with the design standards design, construction and installation of the Building and Monument Sign, (4) be affixed to the Monument Sign in a manner consistent with the other tenant names Tenant’s Panel on the Monument Sign; and (v) Tenant shall be responsible for its pro rata share of all costs and expenses incurred in connection with the maintenance, repair, operation, use and lighting of Tenant’s Panel and the Monument Sign, pursuant to a maintenance and operation program managed by Landlord, and (5) if such amounts shall be paid by Tenant as Additional Rent. At the other tenant names on the Monument Sign are currently illuminatedexpiration or sooner termination of this Lease, be illuminated in a similar manner. Following receipt of all necessary governmental approvals and so long as the Signage Conditions are satisfied, LandlordLandlord shall, at Tenant’s sole cost and expense, shall fabricate, construct and thereafter install the cause Tenant’s Panel on the Monument Sign. All costs for which Tenant is responsible under this Section 2.1 shall Sign to be paid by Tenant to Landlord within 30 days of written request by Landlord.
2.2. Although Landlord will perform the maintenance removed and repair to the Monument Sign and the Panel, Tenant shall be liable for all costs related to such maintenance, and, if applicable, illumination thereof. In the event that additional names are listed on the Monument Sign, all future costs of maintenance and repair shall be prorated between Tenant and the other parties that are listed on the Monument Sign. All costs for which Tenant is responsible under this Section 2.2 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
2.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) any of the Signage Conditions are no longer satisfied, then Tenant's rights granted herein will terminate and Tenant, at its cost within 30 days after request by Landlord, shall remove Tenant’s Panel from the Monument Sign and restore the affected portion of the Monument Sign to be restored to the condition it was in existing prior to the installation of Tenant’s Panel, ordinary reasonable wear and tear excepted. If Tenant does not perform such work within such 30 day period, then Landlord may do so, at Tenant’s cost, and Tenant shall reimburse Landlord for the cost of such work within 30 days after request therefore. The provisions of this Section 2.3 shall survive expiration or earlier termination of the Lease.
2.4. Landlord may, at anytime during the Term (or any extension thereof), upon 30 days prior written notice to Tenant, relocate the position of Tenant's Panel. The cost of such relocation of Tenant's Panel shall be at the cost and expense of Landlord.
Appears in 1 contract
Samples: Office Lease (Axesstel Inc)
Monument Signage. 2.14.1. So long as (i) Tenant is not in Default under the terms of the Lease; (ii) Tenant is in occupancy of the Premises; (iii) Tenant has not assigned the Lease (other than pursuant to a Permitted Transfer) or sublet any part of the Premises (other than to an Affiliate)Premises, and (iv) Tenant notifies Landlord prior to December 311, 20152009, of its desire to have a Panel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”), . Tenant shall have the right, subject to the terms hereof, to have its name placed (in each case, individually a the “Panel” and collectively, the “Panels”) on the shared Building monument sign serving the Building (the location signs one of which is shown on Exhibit H) located in front of the Building and two of which are located at the street entrance to the Project (collectively, the “Monument SignSigns”). The installation of the Panel Panels shall be subject to (a) the approval of any governmental authority having jurisdiction and (b) the existing rights liens of existing tenants in the Building. The location of the Panel Panels shall be subject to Landlord’s reasonable discretion. The Panel Panels shall (1a) be designed by Landlord, (2b) contain the Tenant’s name, (3c) be of a similar size and style as the names of other tenants on the Monument Sign Signs and be harmonious with the design standards of the Building and Monument SignSigns, (4d) be affixed to the Monument Sign Signs in a manner consistent with the other tenant names on the Monument SignSigns, and (5e) if the other tenant names on the Monument Sign Signs are currently illuminated, be illuminated in a similar manner. Following receipt of all necessary governmental approvals and so long as the Signage Conditions are satisfied, Landlord, at Tenant’s sole cost and expenseexpanse, shall fabricate, construct and thereafter install the Panel Panels on the Monument SignSigns. All costs for which Tenant is responsible under this Section 2.1 4.1 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
2.24.2. Although Landlord will perform the maintenance and repair to the Monument Sign Signs and the PanelPanels, Tenant shall be liable for all costs related to such maintenance, and, if applicable, illumination thereof. In the event that additional names are listed on the Monument SignSigns, all future costs of maintenance and repair shall be prorated provided between Tenant and the other parties that are listed on an the Monument Signsigns. All costs for which Tenant is responsible under this Section 2.2 4.2 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
2.34.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) any of the Signage Conditions are no longer satisfied, then Tenant's ’s rights granted herein will terminate and Tenant, at its cost within 30 days after request by Landlord, shall remove Tenant’s Panel panels from the Monument Sign Signs and restore the affected portion of the Monument Sign Signs to the condition it was in prior to installation of Tenant’s PanelPanels, ordinary wear and tear excepted. If Tenant does not perform such work within with such 30 day period, then Landlord may do so, at Tenant’s cost, and Tenant shall reimburse Landlord for the cost of such work within 30 days after request therefore. The provisions of this Section 2.3 4.3 shall survive expiration or earlier termination of the Lease.
2.44.4. Landlord may, at anytime during the Term (or any extension thereof), upon 30 days prior written notice to Tenant, relocate relocates the position of Tenant's Panel’s Panels. The cost of such relocation of Tenant's Panel ’s Panels shall be at the cost and expense of Landlord. Although all information furnished regarding property for sale, rental, or financing is from sources deemed reliable, such information has not been verified, and no express representation is made nor is any to be implied as to the accuracy thereof, and it is submitted subject to errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice and to any special conditions imposed by our principal. Telik, Inc. (Purchaser) is purchasing the inventory as defined on the attached Exhibit C from Xxxxxxxxx.xxx, Inc. (Owner) as of this day of 2013 subject to the execution of the Sublease for 0000 Xxxx Xxxx, Xxxxx 000, Xxxx Xxxx, XX 00000 by and between the Parties and Master Lessor consent to sublease. Telik, Inc. will pay Xxxxxxxxx.xxx, Inc., $1.00 for said Inventory at execution of the Sublease and execution of the Master Lessor consent to sublease for the premises at 0000 Xxxx Xxxx, Xxxxx000 , Xxxx Xxxx, XX 00000. All built-in furniture shall remain in the Premises per the terms of the Master Lease for the subject premises. Notwithstanding, Telik, Inc. shall have use of the conference room table, conference room white board, TV and the refrigerator, during the sublease term, however such items shall remain the property of Sublessor. The personal property shall be kept in the same condition as received, reasonable wear and tear excepted. Should the personal property be damaged, Telik shall be responsible for the replacement cost for such items. Sublessor shall remove these personal property items within 7 days prior to the sublease termination date, unless Sublessor elects at such time to include the items in the Xxxx of Sale for an additional price to be mutually agreed to at such time and will notify Sublessee in writing prior to the lease termination date accordingly. By signing below, the parties agree to the terms of this Xxxx of Sale for the inventory on the attached inventory list referenced as Exhibit C of the Sublease Agreement. Xxxxx-Xxxxxxxxx.xxx, Inc.-Owner By: Date Print name/title Telik, Inc.- Purchaser By: Date Print name/title Although all information furnished regarding property for sale, rental, or financing is from sources deemed reliable, such information has not been verified, and no express representation is made nor is any to be implied as to the accuracy thereof, and it is submitted subject to errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice and to any special conditions imposed by our principal. Book Shelf 2 Chair Standup Desk 1 Chairs Bar 4 Chairs Conference Room 10 Chairs Office 15 Computer Racks Enclosed 2 Computer Racks Not Enclosed 1 Conference Room Table Cherry 1 Boomerang owns Conference Room White Board with flip panels Cherry 1 Boomerang owns Cube Desk (2.5’) 2 Cube Desk (3’) 1 Cube Desk (4’) 7 Cube Desk (5’) 1 Cube Desk Corner 18 Cube Desk Rectangular (2’) 24 Cube Walls (2’ x 4’5”) 68 Desk Drawers 15 Flip Tops (2.5’) 4 Flip Tops (4’) 1 Flip Tops (5’) 3 Refrigerator Samsung 1 Boomerang owns Table Rectangular (5’) 1 Table Rectangular (6’) 1 Table Rectangular on Casters 1 Table Round Side 1 Table Tear Drop 2 TV Flat Screen in the Conference Room 1 Boomerang owns White Board Large 4 Although all information furnished regarding property for sale, rental, or financing is from sources deemed reliable, such information has not been verified, and no express representation is made nor is any to be implied as to the accuracy thereof, and it is submitted subject to errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice and to any special conditions imposed by our principal. The Sublessee (Telik) shall deposit with the escrow, The Bank of New York Mellon (the “Escrow Agent,” contact information defined below), the total prepaid rent (aka “Escrow Property”) and defined in Article 4 herein, $219,093.75 within three (3) business days of execution of this Sublease – a copy of the executed Escrow Agreement to be attached to Exhibit D. Escrow Agent Corporate Trust Administration 000 Xxxxxxx Xxxxxx-Floor 8W New York, New York 10286 Attn.: Insurance Trust and Escrow Group As defined in the Sublease herein, the total prepaid rent (“Escrow Property”) for the Subleased Premises total $219,093.75. Any additional operating expense shall be paid by Sublessee (Telik) when due per Article 5 of the Sublease. As provided in the Escrow Agreement, Sublessee has instructed the Escrow Agent to pay Sublessor as follows: $11,531.25 on the 28th day of each calendar month commencing April 28, 2013 and continuing until a final payment is made on October 28, 2014. Sublessee represents and warrants to Sublessor that in no event shall Sublessee:
(a) Instruct the Escrow Agent to suspend any of the foregoing payments except and only in the event: (i) the Sublease is terminated and such termination is not the result of Sublessee’s default and (ii) Sublessee receives notice that Sublessor has defaulted in the payment of rent under the Master Lease.
(b) Cancel the Escrow Agreement or remove the Escrow Agent, except and until all of the foregoing payments are made under the Sublease or the Sublease expires or is terminated.
(c) Instruct the Escrow Agent to make payments to any person or entity other than Sublessor, except that if Sublessor fails to pay rent to the Master Lessor under the Master Lease, or if the Sublease is terminated for any reason, Sublessee may, in its discretion, instruct the Escrow Agent to make the monthly payments directly to the Master Lessor, EOP-Embarcadero Place, LLC. The Master Lessor bank information to wire the monthly payments shall be provided to Sublessee at such time.
Appears in 1 contract
Samples: Sublease Agreement (Telik Inc)
Monument Signage. 2.14.1. So long as (i) Tenant is not in Default under the terms of the Lease; (ii) Tenant is in occupancy of the Premises; (iii) Tenant has not assigned the Lease (other than pursuant to in connection with a Permitted Transfer) or sublet any part of the Premises (other than to an Affiliate)) any part of the Premises, and (iv) Tenant notifies Landlord prior to December 31January 1, 20152020, of its desire to have a Panel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”), Tenant shall have the right, subject to the terms hereof, to have its name placed (in each case, a the “Panel”) on the shared Building monument sign serving located at the Building corner of E. Hillsdale Boulevard & W. Parkway Lane (the location of which is shown on Exhibit H) (the “"Monument Sign”"). The installation of the Panel shall be subject to (a) the approval of any governmental authority having jurisdiction and (b) the existing rights of existing tenants in the Building. The location of the Panel shall be subject to Landlord’s reasonable discretion. The Panel shall (1) be designed by Landlord, (2) contain the Tenant’s name, (3) be of a similar size and style as the names of other tenants on the Monument Sign and be harmonious with the design standards of the Building and Monument Sign, (4) be affixed to the Monument Sign in a manner consistent with the other tenant names on the Monument Sign, and (5) if the other tenant names on the Monument Sign are currently illuminated, be illuminated in a similar manner. Following receipt of all necessary governmental approvals and so long as the Signage Conditions are satisfied, Landlord, at Tenant’s sole cost and expense, shall fabricate, construct and thereafter install the Panel on the Monument Sign. All costs for which Tenant is responsible under this Section 2.1 4.1 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
2.24.2. Although Landlord will perform the maintenance and repair to the Monument Sign and the Panel, Tenant shall be liable for all costs related to such maintenance, and, if applicable, illumination thereof. In the event that additional names are listed on the Monument Sign, all future costs of maintenance and repair shall be prorated between Tenant and the other parties that are listed on the Monument Sign. All costs for which Tenant is responsible under this Section 2.2 4.2 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
2.34.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) any of the Signage Conditions are no longer satisfied, then Tenant's rights granted herein will terminate and Tenant, at its cost within 30 days after request by Landlord, shall remove Tenant’s Panel from the Monument Sign and restore the affected portion of the Monument Sign to the condition it was in prior to installation of Tenant’s Panel, ordinary wear and tear excepted. If Tenant does not perform such work within such 30 day period, then Landlord may do so, at Tenant’s cost, and Tenant shall reimburse Landlord for the cost of such work within 30 days after request therefore. The provisions of this Section 2.3 4.3 shall survive expiration or earlier termination of the Lease.
2.44.4. Landlord may, at anytime any time during the Term (or any extension thereof), upon 30 days prior written notice to Tenant, relocate the position of Tenant's PanelPanel on the Monument Sign. The cost of such relocation of Tenant's Panel shall be at the cost and expense of Landlord. Letter of Credit Expiration Date: June 1, 2028 Applicant: Geron Corporation Xxxxxx Metro Center LLC c/o Hudson Pacific Properties 00000 Xxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 ATTN: Xxxx Xxxxxx, Director of Contract Services Ladies/Gentlemen: We hereby establish our Irrevocable Standby Letter of Credit in your favor for the account of the above referenced Applicant in the amount of three hundred and ten thousand, six hundred and sixty-two U.S. Dollars ($310,662.00) available for payment at sight by your draft drawn on us when accompanied by the following documents:
1. An original copy of this Irrevocable Standby Letter of Credit.
2. Beneficiary’s dated statement purportedly signed by an authorized signatory or agent reading: “This draw in the amount of ______________________ U.S. Dollars ($____________) under your Irrevocable Standby Letter of Credit No. ____________________ represents funds due and owing to us pursuant to the terms of that certain lease by and between Xxxxxx Metro Center LLC, as landlord, and Geron Corporation, as tenant, and/or any amendment to the lease or any other agreement between such parties related to the lease.” It is a condition of this Irrevocable Standby Letter of Credit that it will be considered automatically extend for a one year period upon the expiration date set forth above and upon each anniversary of such date, unless at least 60 days prior to such expiration date or applicable anniversary thereof, we notify you in writing, by certified mail return receipt requested or by recognized overnight courier service, that we elect not to so extend this Irrevocable Standby Letter of Credit. A copy of any such notice shall also be sent, in the same manner, to: Xxxxxx Metro Center LLC, c/x Xxxxxx Pacific Properties, 000 Xxxx Xxxxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxx, Xxxxxxxxxx 00000, ATTN: Managing Counsel. In addition to the foregoing, we understand and agree that you shall be entitled to draw upon this Irrevocable Standby Letter of Credit in accordance with 1 and 2 above in the event that we elect not to extend this Irrevocable Standby Letter of Credit and, in addition, you provide us with a dated statement purportedly signed by an authorized signatory or agent of Beneficiary stating that the Applicant has failed to provide you with an acceptable substitute irrevocable standby letter of credit in accordance with the terms of the above referenced lease. We further acknowledge and agree that: (a) upon receipt of the documentation required herein, we will honor your draws against this Irrevocable Standby Letter of Credit without inquiry into the accuracy of Beneficiary’s signed statement and regardless of whether Applicant disputes the content of such statement; and (b) this Irrevocable Standby Letter of Credit shall permit partial draws and, in the event you elect to draw upon less than the full stated amount hereof, the stated amount of this Irrevocable Standby Letter of Credit shall be automatically reduced by the amount of such partial draw.
Appears in 1 contract
Samples: Office Lease (Geron Corp)
Monument Signage. 2.1. So long as (i) Tenant is not in Default under the terms of the Lease; (ii) Tenant is in occupancy of the Premises; (iii) Tenant has not assigned the Lease (other than pursuant to a Permitted Transfer) or sublet any part of the Premises (other than to an Affiliate), and (iv) Tenant notifies Landlord prior to December 31, 2015, of its desire to have a Panel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”), Tenant shall have the rightright to install non-exclusive signage as follows: (i) one slot of the monument sign on the corner of Campus and MacArthur Boulevard, subject to the terms hereof, to have its name placed (in each case, a the “Panel”ii) one slot on the monument sign serving on the Building corner of Birch and MacArthur Boulevard, (iii) one slot on the location monument sign at the entrance of the Project off Campus Drive, (iv) one slot on the monument sign at the entrance of the Project off Birch Street, (v) one slot on the cube sign in front of 0000 XxxXxxxxx Xxxxx and (vi) one slot on the monument sign in front of 0000 XxxXxxxxx Xxxxx, which is signage shall consist only of the name “Clean Energy” and as shown on Exhibit H) (the “Monument Sign”)G-1. The installation type, location and design of the Panel such signage shall be subject to (a) the prior written approval of any governmental authority having jurisdiction Landlord and (b) the existing rights City of existing tenants in the Building. The location of the Panel Newport Beach, and shall be subject to consistent with Landlord’s reasonable discretionsignage criteria for the Project. The Panel shall (1) be designed by LandlordFabrication, (2) contain the Tenant’s nameinstallation, (3) be of a similar size and style as the names of other tenants on the Monument Sign and be harmonious with the design standards of the Building and Monument Sign, (4) be affixed to the Monument Sign in a manner consistent with the other tenant names on the Monument Signinsurance, and (5) if the other tenant names on the Monument Sign are currently illuminated, maintenance of such signage shall be illuminated in a similar manner. Following receipt of all necessary governmental approvals and so long as the Signage Conditions are satisfied, Landlord, at Tenant’s sole cost and expense. Tenant understands and agrees that it shall use Landlord’s designated contractor for installing the monument signage. Should Tenant fail to have the monument signage installed within 1 year from the Commencement Date, shall fabricate, construct and then Tenant’s right to install same thereafter install the Panel on the Monument Sign. All costs for which Tenant is responsible under this Section 2.1 shall be paid deemed null and void. Except for the foregoing, no sign, advertisement or notice visible from the exterior of the Premises shall be inscribed, painted or affixed by Tenant to Landlord within 30 days on any part of written request by the Premises without prior consent of Landlord.
2.2. Although Landlord will perform the maintenance and repair Tenant’s signage right shall belong solely to the Monument Sign original Tenant of this Lease and the Panelmay not be transferred or assigned (except in connection with an assignment of this Lease to a Tenant Affiliate as described in Section 9.1(e) hereof) without Landlord’s prior written consent, Tenant shall which may be liable for all costs related to such maintenance, and, if applicable, illumination thereofwithheld by Landlord in Landlord’s sole discretion. In the event that additional names are listed on Tenant, exclusive of any subtenant(s), fails to occupy the Monument Sign, all future costs of maintenance and repair shall be prorated between Tenant and the other parties that are listed on the Monument Sign. All costs for which Tenant is responsible under this Section 2.2 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
2.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) any of the Signage Conditions are no longer satisfiedentire Premises, then Tenant's rights granted herein will terminate and TenantTenant shall, at its cost within 30 thirty (30) days after request by following notice from Landlord, shall remove Tenant’s Panel from the Monument Sign and restore the affected portion of the Monument Sign to the condition it was in prior to installation of Tenant’s Panel, ordinary wear and tear excepted. If Tenant does not perform such work within such 30 day period, then Landlord may do so, monument signage at Tenant’s cost, and expense. Tenant shall reimburse Landlord for also remove such signage promptly following the cost of such work within 30 days after request therefore. The provisions of this Section 2.3 shall survive expiration or earlier termination of the Lease.
2.4. Landlord may, at anytime during the Term (or any extension thereof), upon 30 days prior written notice to Tenant, relocate the position of Tenant's Panel. The cost of Any such relocation of Tenant's Panel removal shall be at Tenant’s sole expense, and Tenant shall bear the cost and expense of Landlordany resulting repairs to the monument that are reasonably necessary due to the removal.
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Samples: Lease (Clean Energy Fuels Corp.)
