Common use of Premises and Common Areas Leased Clause in Contracts

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. Landlord hereby leases to Tenants and Tenant hereby leases from Landlord the Premises contained within the Suite outlined on the floor plan attached hereto and marked Exhibit A-2 and improved by Landlord with the Leasehold Improvements described in the Work Letter Agreement (unless Tenant is leasing the Premises on an "as is" basis), said Premises being agreed, for the purposes of this Lease, to have an area approximately the number of square feet of Rentable Area as designated in Paragraph 1 and being situated on the Floor(s) designated in Paragraph 1 of the Building. The Premises exclude the exterior window glass, pipes, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building and the Project. Upon completion of the finalized floor plan of the Premises, the exact Rentable Area of the Premises shall be determined by Landlord in accordance with Exhibit A-1. In the event the Rentable Area as so determined is different from that shown in Paragraph 1, this Lease shall be amended to correctly set forth the Rentable Area. The Annual Basic Rent, Tenant's Percentage and Security Deposit shall also be increased or decreased by the percentage change in the Rentable Area. (b) Tenants shall have the nonexclusive right to use in common with other tenants of the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 below, the following areas appurtenant to the Premises: (i) The common entrances, restrooms, elevators, stairways and accessways, docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises: (ii) Common walkways, roadways, parkways, and sidewalks and other common areas located in the Project. (c) Landlord reserves the right form time to time without unreasonable interference with Tenant's use: (i) To install, use, maintain, repair and replace pipes, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building: (ii) To alter, improve, redesignate, temporarily close, and/or relocate any common facility or common area of the Project. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the project in its discretion, or construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall include, without limitation, a change in the master plan for the Project, changes in common area of the Project, changes in the size of the buildings, location of the buildings or other improvements and the like.

Appears in 1 contract

Samples: Office Lease (Lucys Cafe Inc)

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Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. , Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord Landlord, the Premises contained within the Suite outlined on the floor plan attached hereto and marked Exhibit A-2 and improved by Landlord with the Leasehold Improvements described in the Work Letter Agreement (unless Tenant is leasing the Premises on an "as is" basis), said Premises being agreed, for the purposes of this Lease, to have an area approximately the number of the square feet of Rentable Area as designated in Paragraph 1 and being situated on the Floor(sfloor(s) designated in Paragraph 1 of the Building. The Premises exclude the exterior window glass, pipes, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building and the Project. Upon completion of the finalized floor plan of the Premises, the exact Rentable Area of Tenant is leasing the Premises shall be determined by Landlord in accordance with Exhibit A-1. In the event the Rentable Area on an “as so determined is different from that shown in Paragraph 1, this Lease shall be amended to correctly set forth the Rentable Area. The Annual Basic Rent, Tenant's Percentage and Security Deposit shall also be increased or decreased by the percentage change in the Rentable Areais” basis. (b) Tenants Tenant shall have the nonexclusive right to use in common with other tenants of the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 below, the following areas appurtenant to the Premises: (i) The common entrances, lobbies, restrooms, elevators, stairways and accessways, loading docks, ramps, drives and platforms platform and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises:; INITIAL HERE INITIAL HERE (ii) Common walkways, roadways, parkways, and sidewalks and other common areas located in the Project. (c) Landlord reserves the right form from time to time without unreasonable interference interferences with Tenant's Xxxxxx’s use: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls walks and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building:: Notwithstanding the foregoing none of the above changes shall materially alter or interfere with Tenant’s rights, including but not limited to ingress or egress, visibility of the Premises. (ii) To alter, improve, redesignate, temporarily close, and/or relocate any common facility or common area of the Project. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the project Project in its discretion, or to construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights right shall include, include without limitation, a change in the master plan for the Project, changes in the common area of the Project, changes in the size of the buildings, location of the buildings or other improvements improvements, and the like.

Appears in 1 contract

Samples: Office Lease (Placer Sierra Bancshares)

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord Landlord, the Premises contained within the Suite suite designated in Paragraph 1, outlined on the floor plan Floor Plan attached hereto and marked Exhibit A-2 EXHIBITS "A" and "A-1" and incorporated herein by this reference, and improved by Landlord with the Leasehold Improvements described in the Work Letter Agreement (unless Tenant Agreement, a copy of which is leasing the Premises on an attached hereto and marked EXHIBIT "as isB" basis)and incorporated herein by this reference, said Premises being agreed, for the purposes of this Lease, to have an area approximately the number of square feet of Rentable Area as designated in Paragraph 1 and being situated on the Floor(s) designated in Paragraph 1, of that certain office building located at the address designated in Paragraph 1 (hereinafter called "Building"). The definition of the Premises specifically includes the automatic teller machine and night depository (collectively, "ATM") to be installed by Tenant outside the Suite designated on page 1 of this Lease in the Buildinglocation shown on EXHIBIT "A". The Premises exclude the exterior window glasscommon stairways, pipesstairwells, hallways, accessways, elevator shafts, flues, pipe shafts, vertical ducts, conduits, wires and appurtenant fixtures serving exclusively for or in common with other parts of the Building and the ProjectBuilding. Upon completion of the finalized floor plan By taking possession of the Premises, Tenant accepts the exact Rentable Area of Leasehold Improvements as completed or as substantially completed, and in the Premises shall latter case, any incomplete or corrective items will be determined completed by Landlord in accordance with Exhibit A-1the procedure for "punchlist" items set forth in the Work Letter Agreement. In The parties hereto agree that said letting and hiring is upon and subject to the event terms, covenants and conditions herein set forth and Tenant covenants as a material part of the Rentable Area as so determined consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is different from made upon on the condition of such performance. Tenant acknowledges and agrees that shown in Paragraph 1, this Lease shall be amended subject and subordinate to correctly set forth the Rentable Area. The Annual Basic Rentterms and conditions of any and all covenants, Tenant's Percentage and Security Deposit shall also be increased conditions or decreased by restrictions now or hereafter affecting the percentage change in Building (the Rentable Area"COVENANTS, CONDITIONS & RESTRICTIONS"). (b) Tenants Tenant shall have the nonexclusive right to use in common with other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 30 below, the following areas appurtenant to the Premises: (i1) The common entrances, lobbies, restrooms, elevators, stairways stairways, and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises:Premises (except to the extent exclusively leased by Landlord to other tenants); (ii2) Common walkways, roadways, parkways, walkways and sidewalks and other common areas located in Pals necessary for access to the ProjectBuilding maintained by Landlord. (c) Landlord reserves the right form from time to time without unreasonable interference with Tenant's use: (i1) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building:; (ii2) To alter, improve, redesignate, temporarily close, and/or alter or relocate any other common facility or common area of the Projectfacility. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the project in its discretion, or construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall include, without limitation, a change in the master plan for the Project, changes in common area of the Project, changes in the size of the buildings, location of the buildings or other improvements and the like.

Appears in 1 contract

Samples: Office Lease (American River Holdings)

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. a. Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord Landlord, the Premises contained within the Suite outlined on the floor plan attached hereto and marked Exhibit A-2 suite designated in Paragraph 1 and improved by Landlord with the Leasehold Improvements described in the Work Letter Agreement (unless Tenant is leasing the Premises on an "as is" basis)plans to be provided by Landlord and approved by Tenant, said Premises being agreed, for the purposes of this Lease, to have an area approximately the number of square feet designated in Paragraph 1, of Rentable Area as that certain office building located at the address designated in Paragraph 1 and being situated on the Floor(s(hereinafter called "Building".) designated in Paragraph 1 of the Building. The Premises exclude the exterior window glasscommon rest rooms, entrance area, hallways, access ways, pipes, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building and the Projectoffice project. Upon completion Tenant covenants as a material part of the finalized floor plan of the Premises, the exact Rentable Area of the Premises shall be determined by Landlord in accordance with Exhibit A-1. In the event the Rentable Area as so determined is different from that shown in Paragraph 1, consideration for this Lease shall be amended to correctly set forth the Rentable Area. The Annual Basic Rentkeep and perform each and all of Lease terms, Tenant's Percentage covenants and Security Deposit shall also be increased or decreased by the percentage change in the Rentable Areaconditions. (b) Tenants b. Tenant shall have the nonexclusive non-exclusive right to use in common with other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 belowreasonably established by Landlord, the following areas appurtenant to the Premises: (i) The common entrancesrest rooms, restroomsentrance area, elevatorshallways, stairways and accesswaysaccess ways, docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises:; (ii) Common walkways, roadways, parkways, walkways and sidewalks and other common areas located in necessary for access to the ProjectBuilding maintained by Landlord. (c) c. Landlord reserves the right form from time to time without unreasonable interference with Tenant's use’s use and having given Tenant prior notices: (i) To install, use, maintain, repair and replace pipes, conduitsducts, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, premises and to expand the Building:; (ii) To alter, improve, redesignate, temporarily close, and/or alter or relocate any other common facility or common area of the Projectfacility. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the project in its discretion, or construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall include, without limitation, a change in the master plan for the Project, changes in common area of the Project, changes in the size of the buildings, location of the buildings or other improvements and the like.

Appears in 1 contract

Samples: Full Service Office Lease (Norpac Technologies, Inc.)

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord Landlord, the Premises contained within the Suite suite designated in Paragraph 1, outlined on the floor plan Floor Plan attached hereto and marked Exhibit A-2 "A" and incorporated herein by this reference in the building and parking facilities at the address designated in Subparagraph 1(e) above (the "Building'), located the parcel of real property (the "Site") outlined on the Site Plan attached hereto as Exhibit "B", and incorporated herein by this reference, and improved or to be improved by Landlord with the Leasehold Aggregate Improvements described in the Work Letter Agreement (unless Tenant Agreement, a copy of which is leasing the Premises on an attached hereto and marked Exhibit "as isC" basis), said Premises being agreed, for the purposes of and incorporated herein by this Lease, to have an area approximately the number of square feet of Rentable Area as designated in Paragraph 1 and being situated on the Floor(s) designated in Paragraph 1 of the Buildingreference. The Premises exclude the exterior window glass, pipes, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building and the Project. Upon completion of the finalized floor plan of the Premises, the exact Rentable Area By taking possession of the Premises shall be determined by Landlord in accordance with Exhibit A-1Tenant accepts the Aggregate Improvements as completed or as substantially completed. In the event latter case, Landlord shall provide Tenant with a list of incomplete and/or corrective items, which list shall be approved and acknowledged by Tenant within ten (10) days of receipt and which items Landlord shall complete and/or correct promptly thereafter. The parties hereto agree that said letting and hiring is upon and subject to the Rentable Area terms, covenants and conditions herein set forth and Tenant covenants as so determined is different from that shown in Paragraph 1, a material part of the consideration for this Lease shall to keep and perform each and all of said terms, covenants and conditions by it to be amended to correctly set forth kept and performed and that this Lease is made upon the Rentable Area. The Annual Basic Rent, Tenant's Percentage and Security Deposit shall also be increased or decreased by the percentage change in the Rentable Areacondition of such performance. (b) Tenants Tenant shall have the nonexclusive right to use us in common with other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 31 below, the following areas ("Common Areas") appurtenant to the Premises: (i) The common entrances, lobbies, restrooms, elevators, stairways and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises:; (ii) Common walkwaysParking areas(subject to the provisions of Paragraph 41 hereinbelow), loading and unloading areas, roadways, sidewalks, walkways, parkways, driveways and sidewalks and other common landscaped areas located in appurtenant to the ProjectBuilding. (c) Landlord reserves the right form from time to time without unreasonable interference with Tenant's use: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building:; (ii) To altermake changes to the Common Areas, improve, redesignate, temporarily close, and/or relocate any common facility or common area of the Project. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the project in its discretion, or construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall includeincluding, without limitation, a change in the master plan for the Project, changes in common area of the Project, changes in the size location, size, shape and number of the buildingsdriveways, location entrances, loading and unloading areas, ingress, egress, direction of the buildings or other improvements traffic, landscaped areas and the like.walkways and, subject to Paragraph 41, parking spaces and parking areas;

Appears in 1 contract

Samples: Lease Agreement (Synon Corp)

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord Landlord, the Premises contained within the Suite suite designated in Subparagraph 1(e), outlined on the floor plan Floor Plan attached hereto and marked Exhibit A-2 "A" and incorporated herein by this reference, in that certain building which, together with its related parking facilities is located at the address designated in Subparagraph 1(d) above (said building and said parking facilities are herein together referred to as the "Building"), located on the parcel or parcels of real property (the "Site") outlined on the Site Plan attached hereto as Exhibit "B," and incorporated herein by this reference, and improved or to be improved by Landlord with the Leasehold Improvements described in the Work Letter Agreement (unless Tenant Agreement, a copy of which is leasing the Premises on an attached hereto and marked Exhibit "as isC" basis)and incorporated herein by this reference, said Premises being agreed, for the purposes of this Lease, Lease to have an area approximately the number of rentable square feet of Rentable Area as designated in Paragraph 1 Subparagraph 1(i) and being situated on the Floor(sfloor(s) designated in Paragraph 1 of the BuildingSubparagraph 1(f) above. The Premises exclude the exterior window glass, pipes, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building and the Project. Upon completion of the finalized floor plan By taking possession of the Premises, Tenant accepts the exact Rentable Area Leasehold Improvements as completed or as substantially completed, and in the latter case, Landlord shall provide Tenant with a punch list of incomplete and/or corrective items -- which list shall be approved and acknowledged by Tenant and which items Landlord shall complete and/or correct within fifteen (15) days thereafter, or such additional time as may be required to complete and/or correct such items so long as Landlord is proceeding with due diligence. The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth and Tenant covenants as a material part of the Premises shall be determined by Landlord in accordance with Exhibit A-1. In the event the Rentable Area as so determined is different from that shown in Paragraph 1, consideration for this Lease shall to keep and perform each and all of said terms, covenants and conditions by it to be amended to correctly set forth kept and performed and that this Lease is made upon the Rentable Area. The Annual Basic Rent, Tenant's Percentage and Security Deposit shall also be increased or decreased by the percentage change in the Rentable Areacondition of such performance. (b) Tenants Tenant shall have the nonexclusive right to use in common with other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 30 below, the following areas ("Common Areas") appurtenant to the Premises: (i) The common entrances, lobbies, restrooms, elevators, stairways and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises:; and (ii) Common walkwaysLoading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and sidewalks and other common landscaped areas located in appurtenant to the ProjectBuilding. (c) Landlord reserves the right form from time to time time, without unreasonable interference with Tenant's use: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building:; (ii) To altermake changes to the Common Areas, improve, redesignate, temporarily close, and/or relocate any common facility or common area of the Project. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the project in its discretion, or construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall includeincluding, without limitation, a change in the master plan for the Project, changes in common area of the Project, changes in the size location, size, shape and number of driveways, entrances, parking spaces, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (iii) To close temporarily any of the buildings, location Common Areas for maintenance purposes so long as reasonable access to the Premises remains available: (iv) To designate other land outside the boundaries of the Building to be a part of the Common Areas; (v) To add additional buildings and improvements to the Common Areas; (vi) To use or close temporarily the Common Areas while engaged in making additional improvements, repairs or alterations to the Building or the parking structure, or any portion thereof, provided that reasonable access to the Premises remains available; and (vii) To do and perform such other improvements acts and make such other changes in, to or with respect to the likeCommon Areas and Building as Landlord may, in the exercise of sound business judgment, deem to be appropriate.

Appears in 1 contract

Samples: Office Lease (Trylon Corp)

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord the Premises contained within the Suite suite designated in Paragraph 1, outlined on the floor plan Floor Plan attached hereto and marked Exhibit A-2 "A-I" and incorporated herein by this reference, in that certain building which, together with its related parking facilities, is located at the address designated in Subparagraph 1(d) above (said building and said parking facilities are herein together referred to as the "Building"), located on the parcel or parcels of real property (the "Development") outlined on the Site Plan attached hereto as Exhibit "A-II" and incorporated herein by this reference, and improved or to be improved by Landlord with the Leasehold Tenant Improvements described in the Work Letter Agreement (unless Tenant Agreement, a copy of which is leasing the Premises on an attached hereto and marked Exhibit "as isB" basis)and which is incorporated herein by this reference, said Premises being agreed, for the purposes of this Lease, to have an area approximately the number of square rentable Square feet of Rentable Area as designated in Paragraph 1 Subparagraph 1(i)(the exact number of which shall be determined in accordance with such Subparagraph) and being situated on the Floor(sfloor(s) designated in Paragraph 1 of the BuildingSubparagraph 1(f) above. The Premises exclude the exterior window glass, pipes, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building and the Project. Upon completion of the finalized floor plan By taking possession of the Premises, Tenant accepts the exact Rentable Area Tenant Improvements as completed or as substantially completed, and in the latter case, Landlord and Tenant shall create a list of incomplete and/or corrective items, which list shall be approved and acknowledged by Tenant and which items landlord shall complete and/or correct promptly thereafter. The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth and Tenant covenants as a material part of the Premises shall be determined by Landlord in accordance with Exhibit A-1. In the event the Rentable Area as so determined is different from that shown in Paragraph 1, consideration for this Lease shall to keep and perform each and all of said terms, covenants and conditions by it to be amended to correctly set forth kept and performed and that this Lease is made upon the Rentable Area. The Annual Basic Rent, Tenant's Percentage and Security Deposit shall also be increased or decreased by the percentage change in the Rentable Areacondition of such performance. (b) Tenants Tenant shall have the nonexclusive right to use in common with other tenants of in the Building and other buildings within the Project Development and subject to the Rules and Regulations referred to in Paragraph 28 below, 30 below the following areas ("Common Areas") appurtenant to the Premises: (i) The Building's common entrances, lobbies, restrooms, elevators, stairways and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises:; (ii) Common walkwaysLoading and unloading areas, trash areas, parking areas, roadways, sidewalks, walkways, parkways, driveways and sidewalks landscaped areas and other common similar areas located in and facilities appurtenant to the ProjectBuilding. (c) Landlord reserves the right form from time to time without unreasonable interference with Tenant's use: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building:; (ii) To altermake changes to the Common Areas, improve, redesignate, temporarily close, and/or relocate any common facility or common area of the Project. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the project in its discretion, or construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall includeincluding, without limitation, a change in the master plan for the Project, changes in common area of the Project, changes in the size location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (iii) To close temporarily any of the buildings, location Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iv) To designate other adjacent land outside the boundaries of the Building to be a part of the Common Areas; (v) To add additional buildings and improvements to the Common Areas; (vi) To use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building or the Development, or any portion thereof; (vii) To do and perform such other improvements acts and make such other changes in, to or with respect to the likeCommon Areas, the Building or the Development as Landlord may, in the exercise of sound business judgment deem to be appropriate.

Appears in 1 contract

Samples: Consent to Sublease (2themart Com Inc)

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord Landlord, the Premises premises contained within the Suite suite designated in the Basic Lease Terms, outlined on the floor plan Floor Plan attached hereto and marked Exhibit A-2 "A" (the "Premises"), of that certain twenty story office building ("Office Tower") and basement garage ("Basement Garage") located at 2101 Xxxxxxx Xxxxxx, Oakland, California, "Multi-Story Parking Facility" (exclusive of the YMCA facility) located at 2353 Xxxxxxx Xxxxxx, Oakland, California. Said Office Tower and the Basement Garage are collectively referred to as the "Building" and are located on the parcels of real property (the "Site") described in the legal descriptions and outlined on the site plans attached hereto and marked Exhibit "B-1". The Multi-Story Parking Facility is located on the parcels of real property (the "Parking Site") described in the legal descriptions and outlined on the site plans attached hereto and marked Exhibit "B-2". The Building, Site, Multi-Story Parking Facility and Parking Site are collectively referred to as the "Property". The Premises are to be improved by Landlord with the Leasehold Improvements Landlord's Work described in the Work Letter Agreement (unless Tenant is leasing the Premises on an Exhibit "as isC" basis), said attached hereto and incorporated herein by this reference. Said Premises being agreed, for the purposes of this Lease, to have an area approximately the number of rentable square feet of Rentable Area as designated in Paragraph 1 and being situated on the Floor(s) designated in Paragraph 1 10 of the BuildingBasic Lease Terms. The Premises exclude parties hereto agree that said letting and hiring is upon and subject to the exterior window glassterms, pipes, conduits, wires covenants and appurtenant fixtures serving exclusively or in common other parts conditions herein set forth and Tenant covenants as a material part of the Building and the Project. Upon completion of the finalized floor plan of the Premises, the exact Rentable Area of the Premises shall be determined by Landlord in accordance with Exhibit A-1. In the event the Rentable Area as so determined is different from that shown in Paragraph 1, consideration for this Lease shall to keep and perform each and all of said terms, covenants and conditions by it to be amended to correctly set forth kept and performed and that this Lease is made upon the Rentable Area. The Annual Basic Rent, Tenant's Percentage and Security Deposit shall also be increased or decreased by the percentage change in the Rentable Areacondition of such performance. (b) Tenants Tenant shall have the nonexclusive right to use in common with other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 30 below, the following areas ("Common Areas") appurtenant to the Premises:. (i) The common entrances, lobbies, restrooms, elevators, stairways and accessways, docks, ramps, drives and platforms and any passageways and serviceways thereto, and any the common pipes, conduits, wires and appurtenant equipment serving the Premises:; (ii) Common Parking areas (subject to the provisions of Paraxxxxx 00 xxxxxxxxxxx), xxxxxxxx, xxdewalks, walkways, roadways, parkways, and sidewalks and other common areas located in driveways appurtenant to the ProjectBuilding. (c) Landlord reserves shall make all commercially reasonable efforts to avoid any action under the right form time to time without unreasonable interference provisions of this paragraph which would materially or unreasonably interfere with Tenant's useaccess to or use of the Premises: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires wires, and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building:; (ii) To altermake changes to the Common Areas, improve, redesignate, temporarily close, and/or relocate any common facility or common area of the Project. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the project in its discretion, or construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall includeincluding, without limitation, a change in the master plan for the Project, changes in common area of the Project, changes in the size location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways and, subject to Paragraph 40, parking spaces and parking areas; (iii) To close temporarily any of the buildingsCommon Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iv) To use the Common Areas while engaged in making additional improvements, location repairs or alterations to the Building, or any portion thereof; ------------- June 16, 1997 (v) To do and perform such other acts and make such other changes in, to or with respect to the Site, Common Areas and Building as Landlord may, in the exercise of the buildings or other improvements and the likesound business judgment, deem to be appropriate.

Appears in 1 contract

Samples: Office Lease (Versata Inc)

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord the Premises contained within the Suite suite designated in Paragraph 1(f), outlined on the floor plan Floor Plan attached hereto and marked Exhibit A-2 “A” and improved incorporated herein by this reference in the building known as “Topaz” at the address designated in Paragraph 1(e) above (the “Building”), located in the Project, as outlined on the site plan attached hereto as Exhibit “B” and incorporated herein by this reference. The Premises are situated on the floor(s) designated in Paragraph 1(g) above and are agreed by Landlord with the Leasehold Improvements described in the Work Letter Agreement (unless Tenant is leasing the Premises on an "as is" basis), said Premises being agreedand Tenant, for the purposes of this Lease, to have an area approximately the number of rentable square feet of Rentable Area as designated in Paragraph 1 1(j), determined generally in accordance with the method of measurement for rentable area, usable area and being situated related terms contained in the American National Standard Method for Measuring Floor Area in Office Buildings, approved on the Floor(s) designated in Paragraph 1 of the Building. The Premises exclude the exterior window glassJune 7, pipes, conduits, wires 1996 and appurtenant fixtures serving exclusively or in common other parts of published by the Building Owners and Managers Association International (ANSI/BOMA Z65.1-1996) (“BOMA Standard”). Prior to the Project. Upon completion Lease Commencement Date and from time to time during the term of this Lease, Landlord shall be entitled to commission its architect and, in cooperation with Tenant’s architect, measure the finalized floor plan Premises to determine the area thereof in accordance with the BOMA Standard, and such determination shall be used in calculating and adjusting, as applicable, the rentable and useable areas of the Premises, the exact Rentable Area of Tenant’s Percentage Share, the Premises shall be determined by Landlord in accordance with Exhibit A-1Annual and Monthly Base Rent, and related calculations and determinations under this Lease. In the event absence of any such determination by Landlord’s and Tenant’s architects, the Rentable Area as so determined is different from that shown amounts, percentages, and related information specified in Paragraph 1, 1 and other provisions of this Lease shall be amended conclusive. The parties hereto agree that said letting and hiring is upon and subject to correctly the terms, covenants and conditions herein set forth and Tenant and Landlord covenant as a material part of the Rentable Area. The Annual Basic Rentconsideration for this Lease to keep and perform each and all of said terms, Tenant's Percentage covenants and Security Deposit shall also conditions by it to be increased or decreased by kept and performed and that this Lease is made upon the percentage change in the Rentable Areacondition of such performance. (b) Tenants Tenant shall have the nonexclusive right to use in common with other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 31 below, those portions of the following Project (the “Project Common Areas”) not leased or designated for lease to tenants that are provided for use in common by (or by the sublessees, agents, employees, customers or licensees of) Landlord, Tenant and any other tenants of the Project, whether or not those areas are open to the general public, including any fixtures, chattels, systems, decor, signs, facilities or landscaping contained, maintained or used in connection with those areas, and deemed to include any city sidewalks adjacent to the Project and any pedestrian walkway system, whether above or below grade, park, or other facilities open to the general public. The common areas appurtenant to the Premises: Building shall be referred to herein as the. “Building Common Areas” and shall include the following areas: (i) The common entrances, lobbies, restrooms, elevators, stairways and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises: ; and (ii) Common walkwaysloading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, plaza areas, driveways and sidewalks and other common landscaped areas located in appurtenant to the ProjectBuilding. (c) Landlord reserves the right form from time to time time, without unreasonable interference with Tenant's ’s use: , to operate, maintain, repair, replace, and refurbish the Building and the Project and all systems, improvements, parking areas, and other portions thereof, as deemed necessary or desirable by Landlord or as may otherwise be required of Landlord in connection with its obligations under this Lease, other tenant leases, or otherwise, including without limitation all of the following: (i) To to install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building: ; (ii) To alterto make changes to the Building and Project Common Areas (which Building and Project Common Areas shall together be referred to herein as the “Common Areas”), improveincluding, redesignatewithout limitation, changes in the location, size, shape and number of driveways, entrances; loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways and, subject to Paragraph 41, parking spaces and parking areas; (iii) to close temporarily close, and/or relocate any common facility or common area of the ProjectCommon Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iv) to use the Common, Areas while engaged in making additional improvements, repairs or alterations to the Building, or any portion thereof; and (v) to do and perform such other acts and make such other changes in, to or with respect to the Site, Common Areas and Building as Landlord may, in the exercise of sound business judgment, deem to be appropriate, all of the foregoing to be without obligation or liability to Tenant. (d) Nothing in this Lease Upon providing written notice to the Landlord, Tenant shall limit have the nonexclusive right to access and use a portion of the Building roof for the placement, use and maintenance of a satellite receiver antenna. The roof location shall be mutually agreed upon by Landlord to changeand Tenant. Such access, alter, redesign or otherwise modify the project in its discretion, or construct use and maintenance shall be allowed by Landlord without payment of additional Buildings rent or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall include, without limitation, a change in consideration during the master plan for the Project, changes in common area term of the ProjectLease. Tenant shall be responsible for repairing any damage to the Building roof caused by the placement, changes in the size use and/or removal of the buildings, location of the buildings or other improvements and the likeany equipment.

Appears in 1 contract

Samples: Office Lease

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord the Premises contained within the Suite suite designated in Paragraph 1 and outlined on the floor plan Floor Plan attached hereto and marked Exhibit A-2 "A" and improved incorporated herein by Landlord this reference, in that certain building which together with its related parking facilities is located at the Leasehold Improvements described address designated in Subparagraph l(e) above (said building and said parking facilities are herein together referred to as the Work Letter Agreement "Building"), located on the parcel or parcels of real property (unless Tenant is leasing the Premises “Site”) outlined on an the Site Plan attached hereto as Exhibit "as is" basis)B", and incorporated herein by this reference, said Premises being agreed, agreed for the purposes of this Lease, Lease to have an area approximately the number of rentable square feet of Rentable Area as designated in Paragraph 1 Subparagraph l(h) and being situated on the Floor(sfloor(s) designated in Paragraph 1 Subparagraph (f) above. The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth and Tenant covenants as a material part of the Building. The Premises exclude the exterior window glass, pipes, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building and the Project. Upon completion of the finalized floor plan of the Premises, the exact Rentable Area of the Premises shall be determined by Landlord in accordance with Exhibit A-1. In the event the Rentable Area as so determined is different from that shown in Paragraph 1, consideration for this Lease shall to keep and perform each and all of said terms, covenants and conditions by it to be amended to correctly set forth kept and performed and that this Lease is made upon the Rentable Area. The Annual Basic Rent, Tenant's Percentage and Security Deposit shall also be increased or decreased by the percentage change in the Rentable Areacondition of such performance. (b) Tenants Tenant shall have the nonexclusive right to use in common with the other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 36 below, the following areas ("Common Areas") appurtenant to the Premises: (i) The common entrances, lobbies, restrooms, elevators, stairways and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises:; (ii) Common walkwaysLoading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and sidewalks and other common landscaped areas located in appurtenant to the ProjectBuilding. (c) Landlord reserves the right form from time to time without unreasonable interference with TenantXxxxxx's use: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires wires, and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in within the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building:; (ii) To altermake changes to the Common Areas, improveincluding, redesignatewithout limitation, changes in the location, size, shape, and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, and walkways; (iii) To close temporarily close, and/or relocate any common facility or common area of the ProjectCommon Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iv) To designate other land outside the boundaries of the Building to be a part of the Common Areas; (v) To add additional buildings and improvements to the Common Areas; (vi) To use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building, or any portion thereof; (vii) To do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Building as Landlord may, in the exercise of sound business judgment, deem to be appropriate. (d) Nothing During the term of this Lease, Tenant shall have the exclusive use of storage unit 3 located in this Lease Building’s garage. Tenant shall limit pay Landlord, as Additional Rent, an amount of One Hundred Dollars ($100.00) per month. Landlord grants Tenant the right of Landlord to changeinstall, alter, redesign or otherwise modify the project in its discretion, or construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall include, without limitationat Tenant’s cost, a change night deposit box in the master plan for storage unit’s exterior wall facing the Projectgarage. Upon Tenant’s lease termination, changes in common area of Tenant shall, at Tenant’s cost, remove the Projectnight deposit box and return the storage unit’s wall to its original condition, changes in the size of the buildings, location of the buildings or other improvements normal wear and the liketear excepted.

Appears in 1 contract

Samples: Office Lease (Heritage Commerce Corp)

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Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord Landlord, the Premises premises contained within the Suite suite designated in the Basic Lease Terms, outlined on the floor plan Floor Plan attached hereto and marked Exhibit A-2 "A" (the "Premises"), of that certain twenty story office building ("Office Tower") and basement garage ("Basement Garage") located at 2101 Xxxxxxx Xxxxxx, Oakland, California, "Multi-Story Parking Facility" (exclusive of the YMCA facility) located at 2353 Xxxxxxx Xxxxxx, Oakland, California. Said Office Tower and the Basement Garage are collectively referred to as the "Building" and are located on the parcels of real property (the "Site") described in the legal descriptions and outlined on the site plans attached hereto and marked Exhibit "B-l". Xhe Multi-Story Parking Facility is located on the parcels of real property (the "Parking Site") described in the legal descriptions and outlined on the site plans attached hereto and marked Exhibit "B-2". The Building, Site, Multi-Story Parking Facility and Parking Site are collectively referred to as the "Property". The Premises are to be improved by Landlord with the Leasehold Improvements Landlord's Work described in the Work Letter Agreement (unless Tenant is leasing the Premises on an Exhibit "as isC" basis), said attached hereto and incorporated herein by this reference. Said Premises being agreed, for the purposes of this Lease, to have an area approximately the number of rentable square feet of Rentable Area as designated in Paragraph 1 and being situated on the Floor(s) designated in Paragraph 1 10 of the BuildingBasic Lease Terms. The Premises exclude parties hereto agree that said letting and hiring is upon and subject to the exterior window glassterms, pipes, conduits, wires covenants and appurtenant fixtures serving exclusively or in common other parts conditions herein set forth and Tenant covenants as a material part of the Building and the Project. Upon completion of the finalized floor plan of the Premises, the exact Rentable Area of the Premises shall be determined by Landlord in accordance with Exhibit A-1. In the event the Rentable Area as so determined is different from that shown in Paragraph 1, consideration for this Lease shall to keep and perform each and all of said terms, covenants and conditions by it to be amended to correctly set forth kept and performed and that this Lease is made upon the Rentable Area. The Annual Basic Rent, Tenant's Percentage and Security Deposit shall also be increased or decreased by the percentage change in the Rentable Areacondition of such performance. (b) Tenants Tenant shall have the nonexclusive right to use in common with other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 30 below, the following areas ("Common Areas") appurtenant to the Premises:. (i) The common entrances, lobbies, restrooms, elevators, stairways and accessways, docks, ramps, drives and platforms and any passageways and serviceways thereto, and any the common pipes, conduits, wires and appurtenant equipment serving the Premises:; (ii) Common Parking areas (subject to the provisions of Paraxxxxx 00 xxxxxxxxxxx), xxxxxxxx, xxdewalks, walkways, roadways, parkways, and sidewalks and other common areas located in driveways appurtenant to the ProjectBuilding. (c) Landlord reserves shall make all commercially reasonable efforts to avoid any action under the right form time to time without unreasonable interference provisions of this paragraph which would materially or unreasonably interfere with Tenant's useaccess to or use of the Premises: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires wires, and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building:; (ii) To altermake changes to the Common Areas, improve, redesignate, temporarily close, and/or relocate any common facility or common area of the Project. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the project in its discretion, or construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall includeincluding, without limitation, a change in the master plan for the Project, changes in common area of the Project, changes in the size location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways and, subject to Paragraph 40, parking spaces and parking areas; (iii) To close temporarily any of the buildingsCommon Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iv) To use the Common Areas while engaged in making additional improvements, location repairs or alterations to the Building, or any portion thereof, (v) To do and perform such other acts and make such other changes in, to or with respect to the Site, Common Areas and Building as Landlord may, in the exercise of the buildings or other improvements and the likesound business judgment, deem to be appropriate.

Appears in 1 contract

Samples: Office Lease (Concur Technologies Inc)

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord Landlord, the Premises contained within the Suite suite designated in Paragraph 1, outlined on the floor plan Floor Plan attached hereto and marked Exhibit A-2 "A" and incorporated herein by this reference in the building and parking facilities at the address designated in Subparagraph 1 (e) above (the "Building"), located on the parcel of real property (the "Site") outlined on the Site Plan attached hereto as "Exhibit "B", and incorporated herein by this reference, and improved or to be improved by Landlord with the Leasehold Aggregate Improvements described in the Work Letter Agreement (unless Tenant Agreement, a copy of which is leasing the Premises on an attached hereto and marked Exhibit "as isC" basis), said Premises being agreed, for the purposes of and incorporated herein by this Lease, to have an area approximately the number of square feet of Rentable Area as designated in Paragraph 1 and being situated on the Floor(s) designated in Paragraph 1 of the Buildingreference. The Premises exclude the exterior window glass, pipes, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building and the Project. Upon completion of the finalized floor plan of the Premises, the exact Rentable Area By taking possession of the Premises shall be determined by Landlord in accordance with Exhibit A-1Tenant accepts the Aggregate Improvements as completed or as substantially completed. In the event latter case, Landlord shall provide Tenant with a list of incomplete and/or corrective items, which list shall be approved and acknowledged by Tenant within ten (10) days of receipt and which items Landlord shall complete and/or correct promptly thereafter. The parties hereto agree that said letting and hiring is upon and subject to the Rentable Area terms, covenants and conditions herein set forth and Tenant covenants as so determined is different from that shown in Paragraph 1, a material part of the consideration for this Lease shall to keep and perform each and all of said terms, covenants and conditions by it to be amended to correctly set forth kept and performed and that this Lease in made upon the Rentable Area. The Annual Basic Rent, Tenant's Percentage and Security Deposit shall also be increased or decreased by the percentage change in the Rentable Areacondition of such performance. (b) Tenants Tenant shall have the nonexclusive right to use in common with other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 31 below, the following areas ("Common Areas") appurtenant to the Premises: (i) The common entrances, lobbies, restrooms, elevators, stairways and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises:; (ii) Common walkwaysParking areas (subject to the provisions of Paragraph 41 hereinbelow), loading and unloading areas, roadways, sidewalks, walkways, parkways, driveways and sidewalks and other common landscaped areas located in appurtenant to the ProjectBuilding. (c) Landlord reserves the right form from time to time without unreasonable interference with Tenant's use:. (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building:; (ii) To altermake changes to the Common Areas, improve, redesignate, temporarily close, and/or relocate any common facility or common area of the Project. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the project in its discretion, or construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall includeincluding, without limitation, a change in the master plan for the Project, changes in common area of the Project, changes in the size location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways and, subject to Paragraph 41, parking spaces and parking areas; (iii) To close temporarily any of the buildingsCommon Areas for maintenance purposes so long as reasonable access to the Premises remains available: (iv) To use the Common Areas while engaged in making additional improvements, location repairs or alterations to the Building, or any portion thereof; (v) To do and perform such other acts and make such other changes in, to or with respect to the Site, Common Areas and Building as Landlord may, in the exercise of the buildings or other improvements and the likesound business judgment. deem to be appropriate.

Appears in 1 contract

Samples: Lease Agreement (Synon Corp)

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord Landlord, the Premises contained within the Suite suite designated in Paragraph 1, outlined on the floor plan Floor Plan attached hereto and marked Exhibit A-2 "A" and incorporated herein by this reference in the building and parking facilities at the address designated in Subparagraph 1(e) above (the "Building"), located on the parcel of real property (the "Site") outlined on the Site Plan attached hereto as Exhibit "B", and incorporated herein by this reference, and improved or to be improved by Landlord with the Leasehold Aggregate Improvements described in the Work Letter Agreement (unless Tenant Agreement, a copy of which is leasing the Premises on an attached hereto and marked Exhibit "as isC" basis), said Premises being agreed, for the purposes of and incorporated herein by this Lease, to have an area approximately the number of square feet of Rentable Area as designated in Paragraph 1 and being situated on the Floor(s) designated in Paragraph 1 of the Buildingreference. The Premises exclude the exterior window glass, pipes, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building and the Project. Upon completion of the finalized floor plan By taking possession of the Premises, Tenant accepts the exact Rentable Area of the Premises shall be determined by Landlord in accordance with Exhibit A-1Aggregate Improvements as completed or as substantially completed. In the event latter case, Landlord shall provide Tenant with a list of incomplete and/or corrective items, which list shall be approved and acknowledged by Tenant within ten (10) days of receipt and which items Landlord shall complete and/or correct promptly thereafter. The parties hereto agree that said letting and hiring is upon and subject to the Rentable Area terms, covenants and conditions herein set forth and Tenant covenants as so determined is different from that shown in Paragraph 1, a material part of the consideration for this Lease shall to keep and perform each and all of said terms, covenants and conditions by it to be amended to correctly set forth kept and performed and that this Lease is made upon the Rentable Area. The Annual Basic Rent, Tenant's Percentage and Security Deposit shall also be increased or decreased by the percentage change in the Rentable Areacondition of such performance. (b) Tenants Tenant shall have the nonexclusive right to use in common with other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 31 below, the following areas ("Common Area") appurtenant to the Premises: (i) The common entrances, lobbies, restrooms, elevators, stairways and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways service ways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises:; (ii) Common walkwaysParking areas (subject to the provisions of Paragraph 41 hereinbelow), loading and unloading areas, roadways, sidewalks, walkways, parkways, driveways and sidewalks and other common landscaped areas located in appurtenant to the ProjectBuilding. (c) Landlord reserves the right form from time to time without unreasonable interference with Tenant's use: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other others parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building:; (ii) To altermake changes to the Common Areas, improve, redesignate, temporarily close, and/or relocate any common facility or common area of the Project. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the project in its discretion, or construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall includeincluding, without limitation, a change in the master plan for the Project, changes in common area of the Project, changes in the size location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways and, subject to Paragraph 41, parking spaces and parking areas. (iii) To close temporarily any of the buildingsCommon Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iv) To use the Common Areas while engaged in making additional improvements, location repairs or alterations to the Building, or any portion thereof; (v) To do and perform such other acts and make such other changes in, to or with respect to the Site, Common Areas and Building as Landlord may, in the exercise of the buildings or other improvements and the likesound business judgment, deem to be appropriate.

Appears in 1 contract

Samples: Lease Agreement (Synon Corp)

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord Landlord, the Premises contained within described in Section 1(g). After the Suite actual size and location of the Premises are determined by the parties pursuant to Section 1(g) and this Section 2(a) with respect to the Hold Space, and after the Commencement Date has occurred, an Exhibit “A”, setting forth the Premises, shall be added pursuant to Amendment No. 1. The Premises are located in the Building at the address designated in Section l(e) above, located on the parcel of real property (the “Site”) outlined on the floor plan Site Plan attached hereto as Exhibit “B” and marked Exhibit A-2 incorporated herein by this reference, and improved by Landlord or to be improved with the Leasehold Aggregate Improvements described in the Work Letter Agreement (unless Tenant Agreement, a copy of which is leasing the Premises on an "attached as is" basis)Exhibit “C” and incorporated herein by this reference, said Premises being agreed, for the purposes of this Lease, to have an area approximately the number of rentable square feet of Rentable Area as designated in Paragraph 1 Section 1(j) subject to adjustment pursuant to the provisions of Section 1(g) and this Section 2(a), and being situated on the Floor(sfloor(s) designated described in Paragraph 1 Section 1(g) above, including the space described as Packages 1, 2, 3 and 4 in Section 1(p). The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the Buildingconsideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. Landlord covenants, as a material part of the consideration for this Lease, to keep and perform each and all of said terms, covenants and conditions for which Landlord is liable and that this Lease is made upon the condition of such performance. Landlord represents that all rentable areas of each floor and of the entire Building will be calculated in accordance with the provisions of ANSI Z65.1-1980 (Building Owners and Managers Association) (the “BOMA Standard”), more particularly set forth in Exhibit “G” attached hereto and incorporated herein by this reference. The Premises exclude initial rentable area shall be determined by Landlord’s measurements from the exterior window glass, pipes, conduits, wires Final Plans for the Base Building at the time the Final Plans are approved by the parties and appurtenant fixtures serving exclusively or shall be subject to a one-time adjustment as set forth hereinbelow in common other parts accordance with Tenant’s field check to be performed within ninety (90) days (“Measurement Period”) after Landlord delivers Package 4 to Tenant pursuant to Section 1(g) above. If Tenant’s field check within the Measurement Period results in a different measurement of the rentable square footage of the Building and the Project. Upon completion of the finalized floor plan of the Premises, and if Tenant and Landlord shall not agree as to the exact Rentable Area of the Premises measurements after good faith deliberations, then such measurements shall be determined by submitted to arbitration using the procedure set forth in Section 5 with the necessary modifications to reflect an arbitration as to the square footage. Landlord and Tenant agree to cooperate in accordance with Exhibit A-1good faith to cause the loss factor in the Building not to exceed ten percent (10%). In the event that the Rentable Area subsequent remeasurement of the Building or the Premises resulting from Tenant’s field check within the Measurement Period, as so finally agreed upon by Landlord and Tenant or as determined is different after arbitration, indicates that the square footage measurement prepared by Landlord produces a square footage number in excess of the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due to Landlord from that shown Tenant based upon the amount of square feet contained in Paragraph the Premises or Building shall be proportionately and prospectively reduced or increased, to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. If such remeasurement produces a square footage number greater or less than the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due from Tenant to Landlord based upon the amount of square feet contained in the Premises or Building shall be proportionately, retroactively and prospectively increased or decreased to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. Tenant shall have the option (“Hold Space Option”) by notice to Landlord given prior to October 1, this Lease shall be amended 1989 to correctly set forth add one or two full floors contiguous to the Rentable Area. The portion of the Premises located on the upper floors of the Building (“Hold Space”) on the same terms and conditions, including, Annual Basic Rent, Tenant's Percentage and Security Deposit shall also be increased or decreased by the percentage change in the Rentable Areaas set forth herein, subject only to such Hold Space being added to Package 2. (b) Tenants Tenant shall have the nonexclusive right to use in common with other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 Section 31 below, the following areas (“Common Areas”) appurtenant to the Premises: (i) The common entrances, lobbies, restrooms, elevators, stairways and accessways, loading docks, ramps, drives and platforms platforms, and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises:; (ii) Common walkwaysParking areas (subject to the provisions of Section 41 hereinbelow), loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and sidewalks and other common landscaped areas located in appurtenant to the ProjectBuilding. (c) Landlord reserves the right form from time to time without unreasonable interference with Tenant's ’s use, with prior written notice from Landlord to Tenant and upon receipt of consent from Tenant, which consent shall not be unreasonably withheld or delayed: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires wires, and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building:; (ii) To altermake changes to the Common Areas, improve, redesignate, temporarily close, and/or relocate any common facility or common area of the Project. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the project in its discretion, or construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall includeincluding, without limitation, a change in the master plan for the Project, changes in common area of the Project, changes in the size location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways and, subject to Section 41, parking spaces and parking areas, so long as such change to the Common Area does not adversely affect or adversely limit the amount of usable square footage in the Premises or adversely affect Tenant’s use of the buildings, location Premises; (iii) To close temporarily any of the buildings Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iv) To use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building, or any portion thereof; (v) To do and perform such other improvements acts and make such other changes in, to or with respect to the likeSite, Common Areas and Building as Landlord may, in the exercise of sound business judgment, deem to be appropriate. Provided, however, no notice need be sent or consent be obtained where an emergency exists which could create a danger to the safety of people and/or property, or if the action by the Landlord is of a diminimus nature.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained. a. Landlord hereby leases to Tenants Tenant and Tenant hereby leases from Landlord those certain premises described in Section 1 and in Exhibit A attached hereto (the "Premises"). provided that the rentable square feet shall be adjusted by Landlord's architect upon completion of the working plans and specifications for the build out of the Premises contained within the Suite outlined on the floor plan attached hereto and marked Exhibit A-2 and improved by Landlord with the Leasehold Improvements described in pursuant to the Work Letter Agreement (unless Tenant is leasing attached hereto and the Premises on an "as is" basis), said Premises being agreed, for the purposes exact amount of this Lease, to have an area approximately the number of rentable square feet of Rentable Area as designated in Paragraph 1 and being situated on the Floor(s) designated in Paragraph 1 of the Building. The Premises exclude the exterior window glass, pipes, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building and the Project. Upon completion of the finalized floor plan of the Premises, the exact Rentable Area of within the Premises shall be determined by Landlord Landlord's architect upon completion of the improvements pursuant to the Work Letter Agreement. Said calculations shall be made in accordance with the method of measuring rentable office space specified in the American National Standard Institute Publication ANSI 265.1-1996 (the "BOMA Standard"). b. The Premises are contained within the building at the address designated in Section 1 located in the Project described on Exhibit A-1. In B attached hereto (the event the Rentable Area as so determined is different from that shown in Paragraph 1, this Lease shall be amended to correctly set forth the Rentable Area. The Annual Basic Rent, "Project"). c. Tenant's Percentage of the Project shall not be adjusted. upon the determination of the exact number of rentable square feet within the Premises to equal a fraction numerator is the number of rentable square feet within the Premises determined in accordance with subparagraph 2.a. above and Security Deposit shall also be increased or decreased whose denominator is the approximate number of rentable square feet within the Project as determined by Landlord's architect in accordance with the percentage change in the Rentable AreaBOMA Standard. (b) Tenants d. Tenant shall have the nonexclusive right to use in common with other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 below, 30 below the following areas ("Common Areas") appurtenant to the Premises: (i1) The Building's common entrances, lobbies, restrooms, elevators, stairways and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises:; (ii2) Common walkwaysLoading and unloading areas, trash areas, parking areas, roadways, sidewalks, walkways, parkways, driveways and sidewalks landscaped areas and other common similar areas located in and facilities appurtenant to the ProjectBuilding. (c) e. Landlord reserves the right form from time to time without unreasonable interference with Tenant's use: (i1) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, areas and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building:Building or Project; (ii2) To altermake changes to the Common Areas, improve, redesignate, temporarily close, and/or relocate any common facility or common area of the Project. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the project in its discretion, or construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such rights shall includeincluding, without limitation, a change changes in the master plan location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (3) To close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available: (4) To designate other land outside the boundaries of the Building or Project to be a part of the Common Areas; (5) To add additional buildings and improvements to the Common Areas; (6) To use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building or the Project, or any portion thereof; (7) To do and perform such other acts and make such other changes in common area of in, to or with respect to the ProjectCommon Areas, changes the Building or the Project as Landlord may, in the size exercise of the buildingssound business judgment, location of the buildings or other improvements and the likedeem to be appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (Reven Housing REIT, Inc.)

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