Monument Signage. (a) Subject to Paragraphs 29.3(b),(c) and (d) below, during the Term, Tenant shall be entitled, subject to obtaining required approvals from the City of Santa Xxxxxx and other required governmental approvals, to non-exclusive signage displaying Tenant’s name on a monument to be developed for the Project (referred to herein as the “Monument Signage”). (b) All of Tenant’s signage rights set forth in this Section 29.3 shall expire upon the expiration or any earlier termination of this Lease. Upon such Lease expiration or termination, Landlord shall be entitled to immediately remove Tenant’s Monument Signage, at Tenant’s sole expense. Without limiting the foregoing, Tenant’s rights to the Monument Signage shall apply only while Tenant occupies at least eighty percent (80%) of the Premises leased to Tenant hereunder. Such rights and restrictions shall be null and void at such time as Tenant fails to occupy at least eighty percent (80%) of the Premises leased to Tenant hereunder, and upon such failure, Landlord shall be entitled to remove Tenant’s Monument Signage at Tenant’s sole expense. For purposes hereof, the amount of space which Tenant occupies shall mean the space personally occupied by Tenant and its Affiliates or Successors under this Lease and not subleased or assigned to a third party other than an Affiliate or Successor of Tenant. (c) The location, size, materials, coloring and lighting of the monument shall be developed by Landlord in conjunction with the Building’s architect and other consultants. Tenant’s Monument Signage thereon shall be developed with input from Tenant, and shall be subject to Landlord’s approval, in its sole but good faith discretion. The Monument Signage shall be consistent and compatible with other signage for the Project and the Project’s design, signage and graphics programs. All such signage shall comply with all applicable rules and regulations of the governmental agencies having jurisdiction. The design, installation, lighting and electrical connections (if any), maintenance, repair, restoration and removal (including restoration of the monument upon which the same was located and/or restoration of any portion of the Building and Building appurtenances upon which the same was located) of Tenant’s signage shall be performed by Landlord at Tenant’s sole cost and expense. Tenant shall pay Landlord for Landlord’s Actual Costs incurred in connection therewith, based upon a bid reasonably selected by Landlord from competitive bids solicited for such work from independent contractors selected by Landlord, within thirty (30) days after receipt of an invoice therefor from Landlord accompanied by reasonably adequate substantiation of the costs to be incurred. (d) Tenant’s signage rights set forth in this Section 29.3 are personal to Genius Products, LLC and may not be assigned, transferred or conveyed to any party by sublease, assignment, operation of law or otherwise, except that the same may be transferred in connection with a permitted Transfer to any Affiliate or Successor of Tenant (as defined in Paragraph 14.1(b) above and, for purposes hereof, including Genius Products, LLC itself in case it elects to change its name); provided, however, Tenant may only effectuate a transfer of Tenant’s identity rights hereunder if such Affiliate or Successor does not have a name which relates to an entity which is of a character or reputation, or is associated with a political faction or orientation, which is inconsistent with the quality of the Project, or which would otherwise reasonably offend a landlord of first class office projects. In connection with any such permitted transfer, Landlord shall, at Tenant’s expense, replace Tenant’s signage with signage identifying the transferee if so requested by the transferee, provided that such replacement signage shall be subject to and in compliance with the provisions of this Article 29. Tenant acknowledges Landlord’s interest in maintaining the control over the identity of the Project and the exterior signage at the Project in order to preserve the image and reputation of Project as a first class office project.
Appears in 1 contract
Samples: Office Lease (Genius Products Inc)
Monument Signage. (a) Subject to Paragraphs 29.3(b),(cthe terms of this Section 23.5, Applicable Laws and all applicable Building rules and regulations, the Original Tenant shall have the non-exclusive right to have a sign ("Tenant's Sign") on one (1) tenant strip of the monument sign located front of the Building (the "Monument"). The location of Tenant's Sign on the Monument shall be designated by Landlord. Tenant's right to Tenant's Sign shall be subject to all applicable governmental laws, rules, regulations, codes and (d) below, during the Termapprovals. Further, Tenant shall be entitledresponsible for obtaining any applicable permits or other governmental approval(s) applicable to or required for Tenant’s Sign. Subject to the terms hereof, the content, size, design, location, graphics, materials, colors and other specifications of the Tenant's Sign shall be subject to obtaining required approvals from the City approval of Santa Xxxxxx Landlord, which approval shall not be unreasonably withheld. Tenant shall be responsible for all costs and other required governmental approvalsexpenses incurred in connection with the design, to non-exclusive signage displaying construction, installation, repair, operation (including utilities costs, if applicable), maintenance, compliance with laws, and removal of the Tenant’s name on a monument to be developed for the Project (referred to herein as the “Monument Signage”).
(b) All of Tenant’s 's Sign. Xxxxxx's signage rights set forth in this Section 29.3 shall expire upon the expiration or any earlier termination of this Lease. Upon such Lease expiration or termination, Landlord 23.5 shall be entitled to immediately remove Tenant’s Monument Signage, at Tenant’s sole expense. Without limiting the foregoing, Tenant’s rights personal to the Monument Signage shall apply only while Tenant occupies at least eighty percent (80%) of the Premises leased to Tenant hereunder. Such rights and restrictions shall be null and void at such time as Tenant fails to occupy at least eighty percent (80%) of the Premises leased to Tenant hereunder, and upon such failure, Landlord shall be entitled to remove Tenant’s Monument Signage at Tenant’s sole expense. For purposes hereof, the amount of space which Tenant occupies shall mean the space personally occupied by Tenant and its Affiliates or Successors under this Lease and not subleased or assigned to a third party other than an Affiliate or Successor of Tenant.
(c) The location, size, materials, coloring and lighting of the monument shall be developed by Landlord in conjunction with the Building’s architect and other consultants. Tenant’s Monument Signage thereon shall be developed with input from Original Tenant, and may not be assigned to any assignee or to any sublessee or any other person or entity. Landlord shall have the right to terminate Xxxxxx's right to maintain Tenant's Sign in the event that Tenant shall be subject to Landlord’s approval, in its sole but good faith discretion. The Monument Signage shall be consistent and compatible with other signage for default of this Lease after the Project and the Project’s design, signage and graphics programs. All such signage shall comply with all applicable rules and regulations of the governmental agencies having jurisdiction. The design, installation, lighting and electrical connections (if any), maintenance, repair, restoration and removal (including restoration of the monument upon which the same was located and/or restoration expiration of any portion of the Building and Building appurtenances upon which the same was located) of Tenant’s signage shall be performed by Landlord at Tenant’s sole cost and expenseapplicable cure period. Tenant shall pay Landlord for Landlord’s Actual Costs incurred in connection therewithIn addition, based upon a bid reasonably selected by Landlord from competitive bids solicited for such work from independent contractors selected by Landlord, within thirty (30) days after receipt of an invoice therefor from Landlord accompanied by reasonably adequate substantiation of the costs to be incurred.
(d) Tenant’s Xxxxxx's signage rights set forth in this Section 29.3 are personal 23.5 shall terminate at any time during the Lease Term during which the Original Tenant fails to Genius Products, LLC and may not be assigned, transferred physically occupy the entire Premises. Upon the expiration of the Lease Term or conveyed to any party by sublease, assignment, operation the earlier termination of law or otherwise, except that the same may be transferred in connection with a permitted Transfer to any Affiliate or Successor of Tenant (as defined in Paragraph 14.1(b) above and, for purposes hereof, including Genius Products, LLC itself in case it elects to change its name); provided, howeverTenant's signage rights under this Section 23.5, Tenant may only effectuate a transfer of Tenant’s identity rights hereunder if such Affiliate or Successor does not have a name which relates to an entity which is of a character or reputation, or is associated with a political faction or orientation, which is inconsistent with the quality of the Project, or which would otherwise reasonably offend a landlord of first class office projects. In connection with any such permitted transfer, Landlord shall, at Tenant’s 's sole cost and expense, replace remove the Tenant’s signage with signage identifying the transferee if so requested 's Sign and repair any and all damage caused by the transferee, provided that such replacement signage shall be subject removal and restore all affected areas to and in compliance with the provisions of this Article 29. Tenant acknowledges Landlord’s interest in maintaining the control over the identity of the Project and the exterior signage at the Project in order to preserve the image and reputation of Project as a first class office projecttheir original condition.
Appears in 1 contract
Monument Signage. In the event Landlord, in its sole discretion, elects to erect an exterior multi-tenant monument sign for the Building along Elm Street (athe “Elm Street Monument”), then Tenant shall be entitled to maintain one panel identifying Tenant’s name (the “Monument Panel”) Subject to Paragraphs 29.3(b),(con the Elm Street Monument, provided (i) and (d) below, the Premises consist of at least 78,060 square feet of Agreed Rentable Area in the Building at all times during the Term, and (ii) no monetary default by Tenant has occurred under this Lease beyond the expiration of any applicable notice and cure period at the time the Elm Street Monument is erected. The design, size, location, composition, content, coloring, lettering and other characteristics of the Monument Panel shall be entitled, subject to obtaining required approvals from Landlord’s prior written approval. All costs associated with the City Monument Panel (including without limitation the design, fabrication, installation and maintenance thereof) shall be borne solely by Tenant. At the expiration or earlier termination of Santa Xxxxxx and other required governmental approvals, to non-exclusive signage displaying Tenant’s name on a monument to be developed for the Project (referred to herein as the “Monument Signage”).
(b) All Lease or of Tenant’s right to possess the Premises, Tenant’s rights pursuant to this Section shall terminate and Landlord may require that Tenant, at its sole cost, remove the Monument Panel and repair any damage caused by such removal. The rights of Tenant and the obligations of Landlord under this Section shall be subject to all applicable Laws, and any Landlord approval hereunder shall not constitute any representation or warranty that any proposed signage complies with same or is otherwise permitted thereunder. The rights set forth in this Section 29.3 are personal to the Original Tenant or a successor Tenant who is an Affiliate and, absent Landlord’s prior written approval, shall expire upon not inure to the benefit of any other transferee of this Lease or of the Premises, notwithstanding anything to the contrary set forth elsewhere in this Lease (provided that the foregoing shall not prohibit a change necessitated by any Tenant name change). Tenant’s obligations under this Section shall survive the expiration or any earlier termination of this Lease. Upon such Lease expiration or termination, Landlord shall be entitled to immediately remove Tenant’s Monument Signage, at Tenant’s sole expense. Without limiting the foregoing, Tenant’s rights to the Monument Signage shall apply only while Tenant occupies at least eighty percent (80%) of the Premises leased to Tenant hereunder. Such rights and restrictions shall be null and void at such time as Tenant fails to occupy at least eighty percent (80%) of the Premises leased to Tenant hereunder, and upon such failure, Landlord shall be entitled to remove Tenant’s Monument Signage at Tenant’s sole expense. For purposes hereof, the amount of space which Tenant occupies shall mean the space personally occupied by Tenant and its Affiliates or Successors under this Lease and not subleased or assigned to a third party other than an Affiliate or Successor of Tenant.
(c) The location, size, materials, coloring and lighting of the monument shall be developed by Landlord in conjunction with the Building’s architect and other consultants. Tenant’s Monument Signage thereon shall be developed with input from Tenant, and shall be subject to Landlord’s approval, in its sole but good faith discretion. The Monument Signage shall be consistent and compatible with other signage for the Project and the Project’s design, signage and graphics programs. All such signage shall comply with all applicable rules and regulations of the governmental agencies having jurisdiction. The design, installation, lighting and electrical connections (if any), maintenance, repair, restoration and removal (including restoration of the monument upon which the same was located and/or restoration of any portion of the Building and Building appurtenances upon which the same was located) of Tenant’s signage shall be performed by Landlord at Tenant’s sole cost and expense. Tenant shall pay Landlord for Landlord’s Actual Costs incurred in connection therewith, based upon a bid reasonably selected by Landlord from competitive bids solicited for such work from independent contractors selected by Landlord, within thirty (30) days after receipt of an invoice therefor from Landlord accompanied by reasonably adequate substantiation of the costs to be incurred.
(d) Tenant’s signage rights set forth in this Section 29.3 are personal to Genius Products, LLC and may not be assigned, transferred or conveyed to any party by sublease, assignment, operation of law or otherwise, except that the same may be transferred in connection with a permitted Transfer to any Affiliate or Successor of Tenant (as defined in Paragraph 14.1(b) above and, for purposes hereof, including Genius Products, LLC itself in case it elects to change its name); provided, however, Tenant may only effectuate a transfer of Tenant’s identity rights hereunder if such Affiliate or Successor does not have a name which relates to an entity which is of a character or reputation, or is associated with a political faction or orientation, which is inconsistent with the quality of the Project, or which would otherwise reasonably offend a landlord of first class office projects. In connection with any such permitted transfer, Landlord shall, at Tenant’s expense, replace Tenant’s signage with signage identifying the transferee if so requested by the transferee, provided that such replacement signage shall be subject to and in compliance with the provisions of this Article 29. Tenant acknowledges Landlord’s interest in maintaining the control over the identity of the Project and the exterior signage at the Project in order to preserve the image and reputation of Project as a first class office project.
Appears in 1 contract
Samples: Office Lease Agreement (Pfsweb Inc)
Monument Signage. Provided that Tenant is not then in default of this Lease (a) Subject to Paragraphs 29.3(b),(c) beyond all applicable notice and (d) below, during the Term, Tenant shall be entitled, subject to obtaining required approvals from the City of Santa Xxxxxx and other required governmental approvals, to non-exclusive signage displaying Tenant’s name on a monument to be developed for the Project (referred to herein as the “Monument Signage”).
(b) All of Tenant’s signage rights cure periods set forth in this Section 29.3 Lease), then Tenant shall expire upon have the expiration or any earlier termination of this Lease. Upon such Lease expiration or termination, Landlord shall be entitled non-exclusive right to immediately remove Tenant’s Monument Signage, at Tenant’s sole expense. Without limiting the foregoing, Tenant’s rights elect to the Monument Signage shall apply only while Tenant occupies at least eighty percent have installed (80%) of the Premises leased to Tenant hereunder. Such rights and restrictions shall be null and void at such time as Tenant fails to occupy at least eighty percent (80%) of the Premises leased to Tenant hereunder, and upon such failure, Landlord shall be entitled to remove Tenant’s Monument Signage at Tenant’s sole expense. For purposes hereof, the amount of space which Tenant occupies shall mean the space personally occupied by Tenant and its Affiliates or Successors under this Lease and not subleased or assigned to in a third party other than an Affiliate or Successor of Tenant.
(c) The location, size, materials, coloring and lighting of the monument shall be developed location designated by Landlord in conjunction with the Building’s architect and other consultants. Tenant’s Monument Signage thereon shall be developed with input from Tenant, and shall be subject to Landlord’s approval, in its sole but good faith discretion. The Monument Signage shall be consistent and compatible with other signage for the Project and the Project’s design, signage and graphics programs. All such signage shall comply with all applicable rules and regulations of the governmental agencies having jurisdiction. The design, installation, lighting and electrical connections (if any), maintenance, repair, restoration and removal (including restoration of the monument upon which the same was located and/or restoration of any portion of the Building and Building appurtenances upon which the same was located) of Tenant’s signage shall be performed by Landlord at Tenant’s sole cost and expense. Tenant shall pay Landlord for Landlord, in accordance with the terms of this Section 23.5 below, one (1) identity sign (the “Identity Sign”) identifying the Tenant’s Actual Costs incurred in connection therewith, based upon a bid reasonably selected by Landlord from competitive bids solicited for such work from independent contractors selected by Landlord, within thirty name on one (301) days after receipt of an invoice therefor from Landlord accompanied by reasonably adequate substantiation line of the costs existing Building monument located at the Building (the “Monument”). Should Tenant comply with the foregoing conditions and validly exercise its non-exclusive right to cause its Identity Sign to be incurred.
(d) Tenant’s signage rights set forth displayed on the Monument, the terms and conditions contained in this Section 29.3 are personal 23.5 shall apply with respect thereto. The name set forth on the Identity Sign to Genius Productsbe installed on the Monument, LLC and may not be assignedif at all, transferred shall in no event include, identify or conveyed otherwise refer to any party by sublease, assignment, operation of law or otherwise, except that the same may be transferred in connection with a permitted Transfer to any Affiliate or Successor of Tenant (as defined in Paragraph 14.1(b) above and, for purposes hereof, including Genius Products, LLC itself in case it elects to change its name); provided, however, Tenant may only effectuate a transfer of Tenant’s identity rights hereunder if such Affiliate or Successor does not have a name which relates to an entity which is of a character or reputation, or is associated with a political faction or orientation, which is inconsistent with the quality of the Project, or which would otherwise reasonably offend a landlord of first class office projectsa Comparable Building (an “Objectionable Name”) and any changes in such name shall be subject to the terms of this Section 23.5 below and Landlord’s prior written approval. In The parties hereby agree that the name “Versartis, Inc.,” or any reasonable derivation thereof, shall not be deemed an Objectionable Name. Subject to the Objectionable Name limitations set forth above, the graphics, materials, color, design, lettering, size, quality, specifications and all other aspects of the Identity Sign shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed; provided that such aspects of the Identity Sign shall be consistent with the identity signs of the other tenants of the Building and the Project, and shall also comply with and be subject to all Applicable Laws, including, but not limited to, all requirements of the City of Menlo Park (“City”) (and other applicable governmental authorities); and provided further that in no event shall the approval by the City (or other applicable governmental authority) of the Identity Sign be deemed a condition precedent to the effectiveness of this Lease. The Identity Sign shall be installed by Landlord, provided that Tenant shall pay for all costs incurred by Landlord in the installation of the Identity Sign. Landlord shall maintain and repair the Identity Sign and the Monument in accordance with Landlord’s signage maintenance program, provided that Tenant shall pay for all costs incurred by Landlord in connection with such maintenance and repair, prorated based on the number of tenants identified on the Monument. At the expiration or earlier termination of this Lease (or within five (5) days following Tenant’s receipt of written notice from Landlord that Tenant’s rights to the Identity Sign have terminated as a result of a default by Tenant under this Lease, beyond any such permitted transferapplicable notice and cure period set forth in the Lease or in accordance with the other terms of this Section 23.5), Landlord Tenant shall, at Tenant’s sole cost and expense, replace cause (a) the Identity Sign to be removed from the Monument and (b) the Monument to be restored to its condition existing prior to the installation of the Identity Sign (provided that Landlord shall have the right to perform such work and charge Tenant all cost therefor). If Tenant fails to timely remove any Identity Sign and restore the Monument as provided in this Section 23.5, then Landlord may (but shall not be obligated to) perform such work at Tenant’s signage sole cost and expense. All costs and expenses incurred by Landlord in connection with signage identifying the transferee if so requested by the transferee, provided that such replacement signage this Section 23.5 shall constitute Rent under this Lease and shall be subject paid by Tenant to Landlord within ten (10) days following Tenant’s receipt of an invoice therefor. In no event shall Tenant have any right to install or maintain any Identity Sign at any time during the Lease Term that Tenant is in default under this Lease, beyond any applicable notice and cure period set forth in compliance with the provisions of this Article 29. Tenant acknowledges Landlord’s interest in maintaining the control over the identity of the Project and the exterior signage at the Project in order to preserve the image and reputation of Project as a first class office projectLease.
Appears in 1 contract
Samples: Office Lease (Versartis, Inc.)