Common use of Premises and Term Clause in Contracts

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereof, Landlord hereby demises and Leases to Tenant, and Tenant hereby accepts and Leases from Landlord, the following described space, to wit: approximately 14,100 square feet as shown and outlined on the plan attached hereto as Exhibit A (the “Leased Premises”) on the second floor, located in the building commonly known as the Kingsway building (the “Building”), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing).

Appears in 2 contracts

Samples: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)

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Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereof, Section 1.1. Landlord hereby demises and Leases leases to Tenant, Tenant and Tenant hereby accepts leases from Landlord the demised premises consisting of the building located at 000 Xxxxxxxxxxxx Xxxxx xx Xxxxx Xxxx, Xxxxxxxxxx, as described in Exhibit “A” and Leases from Landlord, the following described space, to wit: approximately 14,100 square feet located substantially as shown on Exhibit “B” attached hereto, upon and outlined on subject to the plan attached hereto as Exhibit A terms and provisions of this Lease for a demised term of seventy-four (74) months (plus any partial period prior to the commencement of the first full calendar month). Landlord shall deliver possession of the demised premises to Tenant upon execution and delivery of this Lease by the parties and Tenant shall commence the construction of the Tenant Improvements described in Section 3.2 promptly thereafter. The demised term and commencement of rent shall occur (the “Leased PremisesCommencement Date”) on the second floorearlier of (i) February 1, located 2016, or (ii) the date Tenant’s Work has been substantially completed and Tenant’s business operations within the demised premises commence, and the demised term shall end on the last day of the seventy-fourth (74th) full calendar month (exclusive of any partial period prior to the commencement of the first full calendar month) after such commencement. Upon execution and delivery of this Lease, Tenant shall have the right to access the demised premises for the purposes of performing the Tenant Improvements described in Section 3.2 and installing Tenant’s fixtures and equipment prior to the commencement of the demised term hereof, provided that Tenant does not unreasonably interfere with or delay Landlord’s work in the building commonly known as the Kingsway building (the “Building”), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development or demised premises. Landlord agrees to use reasonable efforts to not unreasonably interfere with or delay Tenant’s Work in the Park at Xxxxxxxxx Xxxxxdemised premises. From and after the date Tenant first accesses any portion of the demised premises, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (all of the “Development”). The Leased Premises provisions of this Lease shall be occupied applicable to said portion notwithstanding that the demised term has not yet commenced. Specifically, but without limitation, Tenant’s obligations with respect to insurance and used exclusively indemnities shall be operable as of the date Tenant accesses any portion of the demised premises or building, and Tenant shall provide certificates of insurance for general office purposes the insurance required of Tenant pursuant to Articles 9 and for legal purposes incidental thereto and shall not be used for 10 of this Lease prior to accessing any other purposeportion thereof. Tenant shall have shared not pay rent during such early access period; however, notwithstanding any other provision of this Lease to conference roomsthe contrary, training rooms, meeting facilities Tenant shall pay for all utilities used by Tenant in the demised premises from and other common areas after the date Tenant first accesses any portion of the Building without charge demised premises and upon reasonable notice to Landlord, but only to throughout the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereofentire demised term. Tenant acknowledges that no representations as to shall indemnify Landlord against any and all claims arising out of Tenant’s access therein and/or construction work or other activity in the repair of the Leased Premises, nor promises to alter, remodel demised premises or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing)building.

Appears in 2 contracts

Samples: Lease (Adicet Bio, Inc.), Lease (resTORbio, Inc.)

Premises and Term. In consideration of the obligation mutual obligations of Landlord and Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereofset forth herein, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts takes from Landlord the Premises situated within the County of DuPage, State of Illinois, more particularly described and Leases from Landlorddepicted on Exhibit “A” attached hereto and incorporated herein by reference, the following described spacecommonly known as 0000 Xxxxxxx Xxxxx, to wit: Wood Dale, Illinois, and consisting of approximately 14,100 89,835 square feet as shown and outlined on the plan attached hereto as Exhibit A (the “Leased Premises”) on the second floor), located in the building commonly known as the Kingsway contained within a single tenant building (the “Building”), situated to have and to hold, subject to the terms, covenants and conditions in this Lease. The term of this Lease shall commence on the real property described in Exhibit B attached hereto (the Property”) which is part of a development in the Park at Xxxxxxxxx XxxxxCommencement Date” hereinafter set forth and shall end on September 30, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”)2008. The Leased Premises Commencement Date shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January September 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereof2006. Tenant acknowledges that (i) it has inspected and accepts the Premises in its as-is, where-is condition, with all faults, (ii) the Building and improvements comprising the same are suitable for the purpose for which the Premises are leased, (iii) the Premises are in good and satisfactory condition, and (iv) no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, Landlord (unless such are otherwise expressly set forth in this Lease). The taking If this Lease is executed before the Premises become vacant or otherwise available and ready for occupancy, or if any present Tenant or occupant of the Premises holds over, and Landlord cannot, using good faith efforts, acquire possession by of the Premises prior to the date above recited as the Commencement Date of this Lease, Landlord shall not be deemed to be in default hereunder nor in any way liable to Tenant because of such failure, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed to be the “Commencement Date”; and the term of this Lease automatically shall be extended so as to include the full number of months hereinbefore provided for (as well as provide for a total of two (2) months of free rent), except that if the Commencement Date is other than the first day of a calendar month such term also shall be extended for the remainder of the calendar month in which possession is tendered. Landlord hereby waives payment of rent covering any period prior to such tendering of possession. Notwithstanding the foregoing, in the event Landlord fails to provide possession to Tenant on or before October 1, 2006, Tenant shall be deemed conclusively have the option to establish terminate this Lease without further liability. After the Commencement Date, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises. Notwithstanding the foregoing, Landlord agrees to professionally inspect, repair and/or replace, as needed, all HVAC units, the plumbing system, the electrical system (including all lights and ballasts), the dock doors and levelers to insure that the Building, other improvements, and the Leased Premises same are in good and satisfactory condition working order as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing)the Commencement Date.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Power Solutions International, Inc.)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein providedThe Landlord, and in consideration of the other termsrents herein reserved and of the agreements and conditions herein contained, provisionson the part of the Tenant to be kept and performed, and covenants hereof, Landlord hereby demises and Leases to Tenant, leases unto the Tenant and Tenant hereby accepts rents and Leases leases from Landlord, according to the terms and provisions herein, the following described spacereal estate, situated in Dubuque County, Iowa, to wit: approximately 14,100 square feet The patio area (Parcel B) as shown and outlined on the plan attached hereto as Exhibit A (the “Leased Premises”) on the second floor, located in the building commonly known as the Kingsway building (the “Building”), situated on the real property described in Exhibit B attached hereto (but specifically excluding the “Property”hydraulic lift located on Lot B) which is and by this reference made a part hereof (the Leased Premises), legally described as a part of a development in the Park at Xxxxxxxxx XxxxxLot 6 of Ice Harbor Development, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only according to the extent Landlord owns recorded plat thereof, with the conference roomsimprovements thereon and all rights, training roomseasements and appurtenances thereto belonging, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term commencing at midnight of thirty-six (36) months commencing the day previous to the first day of the lease term, which shall be on January 1the 1st day of June, 20112005, and ending December 31at midnight on the last day of the lease term, 2013 (“Term”) unless terminated or extended pursuant which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to any provision hereofrun with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant acknowledges agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons during the term of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no representations additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants to Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the repair height of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant’s current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant’s application to other governmental entities for any required permission for such barge. In the event Tenant constructs such barge, the area upon which such barge is located shall become a part of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing).

Appears in 2 contracts

Samples: Development Agreement (Peninsula Gaming Corp.), Development Agreement (Diamond Jo, LLC)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, Tenant and Tenant hereby accepts and Leases leases from Landlord, the following described space, to wit: approximately 14,100 certain premises comprised of 152,372 rentable square feet in a building to be constructed in a development known as shown and outlined Paramount Center, Morrisville, NC (the "Building") situated on certain land (the plan "Land") in the County of Wake, State of North Carolina, more particularly described on Exhibit A, attached hereto as Exhibit A and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the premises (the “Leased Premises”) on the second floor, located in the building commonly known hereinafter referred to as the Kingsway building (the “Building”), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”"Premises"). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. obligations of Tenant shall have shared access to conference rooms, training rooms, meeting facilities commence hereunder upon the Commencement Date and other common areas the delivery of the Building without charge and upon reasonable notice Premises by Landlord to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas Tenant. A floor plan of the Building. TO HAVE AND TO HOLD the same for Premises is attached hereto and made a term of thirty-six (36) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that no representations part hereof as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are Exhibit B. Except as expressly set forth herein, the Premises are leased by Tenant "as is". Any upfit performed by Landlord to prepare the Premises for occupancy by Tenant shall be conducted in this Leasea good and workmanlike manner. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, Premises and the Leased Premises any improvements thereto are in good and satisfactory condition as of when possession was so taken (except taken. Tenant further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord, unless such representations or promises are expressly set forth in this Lease. Within five days of the Commencement Date, Tenant shall, upon demand of Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, acknowledging the Commencement Date and Termination Date, the square footage leased, the square footage of the Building, and the dates for such items as increase in payment of base rent hereunder. The Letter shall reflect an adjustment of the Commencement Date and the Termination Date hereunder to reflect the corrected dates for purposes of this Lease in the event the Premises are not occupied on the Commencement Date provided in this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to take any corrective action with respect to any condition or design which constitutes a latent defect in the Premises by virtue of Tenant's acceptance of the Premises. If any latent defect affects Tenant's quiet enjoyment of the Premises, constitutes a dangerous condition or is required to be corrected by law, then Landlord is permitted to complete will undertake the appropriate corrective action at a later dateLandlord's cost. As between Landlord and Tenant, which items nothing in this paragraph shall be specified construed to impose on Tenant or subject Tenant to any liability to any third party for injury to property or persons arising out of latent defects unless such latent defects were created by Tenant or its employees, agents or contractors in the course of repair work or physical improvements or alterations to the Premises performed by Tenant or its employees, agents or contractors. As between Landlord and Tenant, nothing in this paragraph shall be construed to impose on Landlord or subject Landlord to any liability to any third party for injury to property or persons arising out of latent defects unless such latent defects were created by Landlord or its employees, agents or contractors in the course of construction of the upfit of the Premises by Landlord, its employees, agents or contractors. All upfit of the Premises shall be performed by Landlord in accordance with plans and specifications for the Premises (the "Plans") which are subject to the approval of Landlord and Tenant, a copy of which shall be attached hereto and made a part hereof as Exhibit C. Landlord shall provide Tenant with an allowance in an amount up to .50 per rentable square foot of the Premises for use by Tenant in its obtaining drawings for the upfit of the Premises. The drawings obtained by Tenant are subject to the review and approval of Landlord. The contractor of Landlord shall use reasonable efforts to solicit three bids from subcontractors for each of the major trades performing upfit of the Premises, including, mechanical, electrical, plumbing, and drywall. Attached hereto as Exhibit C-1 is a schedule for the upfit of the Premises, including the dates by which Tenant must make certain decisions regarding the Premises (the "Schedule"). Landlord and Tenant shall use diligent good faith efforts to ensure construction of the Premises remains on schedule in accordance with the Schedule, provided, however, that in no event shall the failure of Landlord to deliver the Premises to Tenant on or prior to the Commencement Date (as hereinafter defined) constitute a default by Landlord under this Lease. TO HAVE AND TO HOLD the same for a term commencing on the date a temporary certificate of occupancy is issued for the Premises (the "Commencement Date"), and ending on the date that is one hundred and twenty months (120) thereafter, unless sooner terminated pursuant to the provisions hereof (the "Termination Date"). The Commencement Date and Termination Date shall be extended due to delays beyond the control of Landlord, including, but not limited to, acts or omissions of Tenant, force majeure, delays in writingobtaining permits, licenses or other approvals, acts of God, delays caused by Tenant, and/or inclement weather, including site conditions or winter weather that prohibit or adversely affect construction (the "Excused Delays").. In the event the Commencement Date has not occurred by November 1, 1999 due to acts or omissions of Landlord (with such date being extended for any Excused Delays), Landlord shall credit against the first installment(s) of base rent due hereunder from Tenant an amount equal to one day's base rent for each day the Commencement Date is delayed. In the event the Commencement Date has not occurred by November 1, 1999 due to acts or omissions of Tenant (with such date being extended for any Excused Delays), Landlord shall receive from Tenant on the Commencement Date an amount equal to one day's base rent for each day the Commencement Date is delayed. The aforesaid monetary amounts shall act as a sole and exclusive remedy to each party hereto for any delay in the Commencement Date. Option to Renew. Provided there is no default or event of default by Tenant under the Lease, Tenant shall have the option to renew the term of the Lease for one renewal term of five years (the "Renewal Term") at the then prevailing market rate, as determined by Landlord provided Tenant shall provide Landlord written notice of its desire to renew the term of the Lease at least nine months prior to the Termination Date. Failure of Tenant to provide Landlord with the aforesaid written notice shall render the rights of Tenant to renew or extend the term of this Lease null and void. Upon the exercise by Tenant of its option to renew, all of the terms and conditions of this Lease shall apply with base rent being the then prevailing market rate, and

Appears in 1 contract

Samples: Lease Agreement (Tekelec)

Premises and Term. In consideration of the obligation mutual obligations of Landlord and Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereofset forth herein, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts takes from Landlord the Premises situated within the Village of Bensenville, County of DuPage, State of Illinois, more particularly described and Leases from Landlord, the following described space, to wit: approximately 14,100 square feet as shown and outlined depicted on the plan EXHIBIT "A" attached hereto as Exhibit A (the “Leased Premises”) on the second floorand incorporated herein by reference, located in the building commonly known as the Kingsway building 000 Xxxxxxx Xxxxx, and consisting of approximately 108,711 square feet (the “Building”"Premises"), situated to have and to hold, subject to the terms, covenants and conditions in this Lease. The term of this Lease shall commence on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx"Commencement Date" hereinafter set forth and shall end on September 30, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”)2004. The Leased Premises Commencement Date shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purposeSeptember 15, 2001. Tenant shall shall, as of ten (10) days prior to the Commencement Date, have shared access the right to, and shall, inspect the Premises and list those items which must be remedied by Landlord prior to conference rooms, training rooms, meeting facilities and other common areas the start of the Building without charge Lease, and shall, upon reasonable notice to satisfactory completion of such inspection and the completion of such remedies by Landlord, but only to reaffirm that (i) it has inspected and accepts the extent Landlord owns Premises in its as-is, where-is condition, with all faults, (ii) the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD buildings and improvements comprising the same are suitable for a term of thirty-six the purpose for which the Premises are leased, (36iii) months commencing on January 1, 2011the Premises are in good and satisfactory condition, and ending December 31, 2013 (“Term”iv) unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, Landlord (unless such are otherwise expressly set forth in this Lease). The taking If this Lease is executed before the Premises become vacant or otherwise available and ready for occupancy, or if any present Tenant or occupant of the Premises holds over, and Landlord cannot, using good faith efforts, acquire possession by Tenant of the Premises prior to the date above recited as the Commencement Date of this Lease, Landlord shall not be deemed conclusively to establish that the Building, other improvementsbe in default hereunder nor in any way liable to Tenant because of such failure, and Tenant agrees to accept possession of the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for at such items time as Landlord is permitted able to complete at a later datetender the same, which items date shall thenceforth be deemed to be the "Commencement Date"; and the term of this Lease automatically shall be specified by extended so as to include the full number of months hereinbefore provided for, except that if the Commencement Date is other than the first day of a calendar month such term also shall be extended for the remainder of the calendar month in which possession is tendered. Landlord hereby waives payment of rent covering any period prior to such tendering of possession. After the Commencement Date, Tenant in writing)shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises.

Appears in 1 contract

Samples: Lease Agreement (American Pharmaceutical Partners Inc /Ca/)

Premises and Term. In That in consideration of the obligation of Tenant rents hereinafter agreed to pay rent as herein providedbe paid by Lessee to Lessor, and in consideration of the other termscovenants of the respective parties hereto to be performed at the time and in the manner hereinafter provided, provisionsLessor does hereby lease and demise unto Lessee, and covenants hereofLessee does hereby hire and take from Lessor, Landlord hereby demises and Leases to Tenanta building containing 173,316 square feet of space (the "Building"), and Tenant hereby accepts all mechanical, electrical, lighting, plumbing and Leases from LandlordHVAC systems and fixtures attached thereto (the "Fixtures") and the real property (the "Property") on which the Building is located in the 4th Xxxx of the City of Pittsburgh, Allegheny County, Pennsylvania, and more particularly described on Exhibit "A" attached hereto (the Building, the following described spaceFixtures and the Property are hereinafter collectively referred to as the "Premises"). In addition to the Premises, this Lease shall also cover, a parking garage, surface parking and related facilities (the "Parking Facilities) all as leased to wit: approximately 14,100 square feet as shown and outlined on Lessor by Urban Redevelopment Authority of Pittsburgh ("URA") pursuant to a Lease substantially in the plan form attached hereto as Exhibit A B and made a part hereof (the “Leased Premises”) on the second floor, located in the building commonly known as the Kingsway building (the “Building”), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”"Parking Lease"). The Leased Premises use of the Parking Facilities and other matters relating to the Parking Facilities shall be occupied and used exclusively as set forth in the Parking Lease. The term of this Lease (the "Term") shall extend for general office purposes and for legal purposes incidental thereto and a twenty (20) year period which period shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of commence the date upon which the Building without charge is completed and upon reasonable notice a certificate of occupancy is issued (the "Commencement Date"). Lessor shall use its best efforts to Landlord, but only cause the Commencement Date to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing be on or before January 1, 2011, 1995. Lessor and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereof. Tenant acknowledges Lessee agree that no representations as to the repair following determination of the Leased PremisesCommencement Date, nor promises they will enter into a written agreement evidencing the Commencement Date. Lessee shall be entitled to alter, remodel or improve occupancy on the Leased Premises have been made Commencement Date. Any holdover by LandlordLessee following the Term of this Lease for any renewal term shall, unless such are expressly set forth in this Lease. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant Lessor agrees otherwise in writing), be a holdover on a month-to-month basis only at the same rental paid in the last month of the Term.

Appears in 1 contract

Samples: Lease (Ansaldo Signal Nv)

Premises and Term. In consideration of the obligation of Tenant to pay rent Rent as herein providedprovided in this Lease, and in consideration of the other terms, provisions, and covenants hereofof this Lease, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts takes from Landlord certain premises described and Leases from Landlord, the following described space, to wit: approximately 14,100 square feet as shown and outlined delineated on the demising plan contained in Exhibit A attached hereto as Exhibit A (the “Leased Premises”) on the second floorand incorporated herein by this reference, located in the building commonly known as the Kingsway situated within a building (the "Building”), situated ") located on the certain real property described in Exhibit B attached hereto (the “Property”"Land") which is part within the above-named County and State and more particularly described as follows: Approximately 16,111 square feet of a development in space located at 0000 Xxxxxxxx Xxxxxxxxx, Suites 105, 106, 107, 108, and 109, Xxxxxx, Xxxxxx County, Texas, together with the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx other improvements erected upon said premises (the “Development”said premises and the improvements located therein being herein referred to as the "Premises"). The Leased Premises shall be occupied To Have and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference roomsHold the Premises, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only subject to the extent Landlord owns the conference roomsother terms and provisions of this Lease, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty(the "Term") commencing on FEBRUARY 15, 2004 (the "Commencement Date") and ending THIRTY-six SIX (36) months commencing on January 1thereafter. If this Lease is executed before the Premises become vacant or otherwise available and ready for occupancy, 2011or if any present tenant or occupant of the Premises holds over and Landlord cannot acquire possession of the Premises prior to the originally scheduled commencement date, Landlord shall not be deemed to be in default, and ending December 31Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same; and Landlord hereby waives payment of rent covering any period prior to the tendering of possession of the Premises to Tenant. Landlord will not be liable to Tenant if Landlord does not deliver possession of the Premises to Tenant on the Commencement Date stated above. Landlord's non-delivery of possession of the Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Lease. However, 2013 (“the Commencement Date will be delayed until possession of the Premises is delivered to Tenant. The Term will be extended for a period equal to the delay in delivery of possession of the Premises to Tenant. If delivery of possession of the Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and expiration date of the Term”) unless terminated or extended pursuant . If Tenant occupies the Premises before the Commencement Date, Tenant's occupancy of the Premises will be subject to any provision hereofall of the provisions of this Lease. By taking possession of the Premises, Tenant shall be deemed to have acknowledged that it has inspected the Premises and accepts the Premises in their then present condition as suitable for the purpose for which the Premises are leased. Tenant further acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel remodel, or improve the Leased Premises Premises, have been made by Landlord, unless such are except for those expressly set forth in this Lease. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing).

Appears in 1 contract

Samples: Lease Agreement (Nano Proprietary Inc)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereof, Landlord hereby demises and Leases leases to Tenant, Tenant and Tenant hereby accepts and Leases leases from Landlord, Landlord that certain space (the following described space, to wit: approximately 14,100 square feet as shown and outlined "PREMISES") consisting of the entire rentable area on the plan attached hereto as Exhibit A sixteenth (16th) floor (consisting of 20,667 rentable square feet) (the “Leased Premises”"SIXTEENTH FLOOR PREMISES") and the entire rentable area on the second floorseventeenth (17th) floor (consisting of 20,667 rentable square feet) (the "SEVENTEENTH FLOOR PREMISES"), located in the building commonly known as the Kingsway building Union Tower (the “Building”"BUILDING"), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park located at Xxxxxxxxx Xxxxx, 000 Xxxx Xxx Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (the “Development”"PROPERTY," as further described in Article 25), subject to the provisions herein contained. The term of this Lease (the "TERM") shall commence on the Sixteenth Floor Commencement Date (as hereafter defined) (the "COMMENCEMENT DATE"). If Tenant does not exercise the Expansion Option (as defined in Article 41), the Term shall end on the date that is the last day of the 120th full calendar month following the Commencement Date, unless sooner terminated as provided herein. If Tenant exercises the Expansion Option (as defined in Article 41), the Term shall end on the date that is the last day of the 120th full calendar month following the Expansion Space Commencement Date (as defined in Article 41), unless sooner terminated as provided herein. The applicable date on which this Lease ends is referred to herein as the "EXPIRATION DATE," The term of this Lease with respect to the Sixteenth Floor Premises shall commence on the date (the "SIXTEENTH FLOOR COMMENCEMENT DATE") which is the earlier to occur of (i) the "sixteenth floor delivery date," or (ii) "Substantial Completion" of the "Sixteenth Floor Work" (as such terms are defined in the Work Agreement between Landlord and Tenant, entered into contemporaneously herewith). The Leased Term of this Lease with respect, to the Seventeenth Floor Premises shall be occupied commence on the date (the Seventeenth Floor Commencement Date") which is the earlier to occur of (i) the "SEVENTEENTH FLOOR DELIVERY DATE," or (ii) "Substantial Completion" of the "Seventeenth Floor Work" (as such terms are defined in the Work Agreement). Promptly after Landlord Substantially Completes the Sixteenth Floor Work and used exclusively for general office purposes the Seventeenth Floor Work, Landlord and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access execute and deliver to conference roomseach other a supplement to this Lease in the form attached as EXHIBIT E confirming the Commencement Date and Expiration Date. If Tenant exercises the Expansion Option, training roomsthen promptly after Landlord Substantially Completes the "Expansion Space Work" (as defined in Article 41), meeting facilities Landlord and Tenant shall execute and deliver to each other common areas an additional supplement to this Lease in the form attached as Exhibit E confirming the Commencement Date and revised Expiration Date. Landlord and Tenant agree that for purposes of this Lease, the rentable area of the Building without charge Premises is 41,334 square feet and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas rentable area of the BuildingProperty is 332,608 square feet. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that no representations as to the repair The rentable area of the Leased Premises, nor promises Premises shall increase to alter, remodel or improve 62,001 square feet in the Leased Premises have been made by Landlord, unless such are expressly set forth event that Tenant exercises the Expansion Option (as defined in this Lease. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writingArticle 41).

Appears in 1 contract

Samples: Office Lease (Participate Com Inc)

Premises and Term. In consideration of the obligation mutual obligations of Landlord and Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereofset forth herein, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts takes from Landlord the Premises situated within the Village of Bensenville, County of DuPage, State of Illinois, more particularly described and Leases from Landlorddepicted on Exhibit “A” attached hereto and incorporated herein by reference, the following described spacecommonly known as 659-699 Supreme Drive, to wit: and consisting of approximately 14,100 69,960 square feet as shown and outlined on the plan attached hereto as Exhibit A (the “Leased Premises”) on the second floor), located in the contained within a building commonly known as the Kingsway building consisting of approximately 85,326 square feet (the “Building”) to have and to hold, subject to the terms, covenants and conditions in this Lease. The term of this Lease shall commence on the “Commencement Date” hereinafter set forth and shall end on the day prior to the date that is sixty (60 months after the Rent Commencement Date (as defined below). The Commencement Date shall be March 31, 2004, at which time Tenant shall have the right to access the Premises, at no cost to Tenant, for the sole purpose of planning for occupancy as long as Tenant has furnished Landlord with the required insurance certificates and first month’s payment of Base Rent and escrow charges owed under Xxxxxxxxx 0X, xxxxx; Tenant expressly acknowledges that during this limited access period, Tenant shall be prohibited from bringing any inventory, personal property or equipment into the Premises, performing any improvements or operating at the Premises in any manner, and Tenant shall access the Premises in a manner that avoids interference with Landlord’s performance of the Landlord Improvements (as defined below). Tenant shall have the full use and possession of the Premises on the date that the Landlord Improvements are substantially completed (as defined below)(the “Substantial Completion Date”), situated at which time Tenant shall be responsible for the payment of the escrow charges owed under Paragraph 2C, below and utility charges. Tenant’s obligation to pay Base Rent shall commence on the real property described Substantial Completion Date (also known as the “Rent Commencement Date”). As used herein, the term “substantially completed” shall mean, that in Exhibit B attached hereto the opinion of the architect that prepared the plans pertaining to the Landlord Improvements (the “PropertyArchitect) which is part ), such Improvements have been completed in accordance with the requirements of a development this Lease, subject only to completion of minor punch list items. As soon as the Landlord Improvements have been substantially completed, Landlord shall notify Tenant in writing that the Substantial Completion Date has occurred. In the event Tenant, its employees, agents or contractors cause construction of the Landlord Improvements to be delayed, the Substantial Completion Date shall be deemed to be the date that, in the Park at Xxxxxxxxx Xxxxxopinion of the Architect, Xxx Xxxxx Xxxxxxxsubstantial completion would have occurred if such delays had not taken place. The parties estimate that the Substantial Completion Date shall be between May 1, Xxxxxxxx 2004 and May 15, 2004, but in no event will the Substantial Completion Date be before May 1, 2004. After the Substantial Completion Date, Tenant shall have the right to notify Landlord it has have moved into the Premises and request a payment in the amount of Sixty-Four Thousand Five Hundred and 00/100 Dollars ($64,500.00) representing costs associated with moving into the Premises (the “DevelopmentRelocation Payment”). The Leased Premises Relocation Payment shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. paid to Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas within ten (10) business days after receipt of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereofforegoing notice. Tenant acknowledges that that, subject to Tenant’s review and approval of the Landlord Improvements, (A) it has inspected and accepts the Premises in its as-is, where-is condition, with all faults, (B) the Building and improvements comprising the same are suitable for the purpose for which the Premises are leased, (C) the Premises are in good and satisfactory condition, and (D) no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, Landlord (unless such are otherwise expressly set forth in this Lease). The taking Landlord cannot, using good faith efforts, deliver possession of possession by Tenant the Premises prior to the estimated Substantial Completion Date above recited, Landlord shall not be deemed conclusively to establish that the Building, other improvementsbe in default hereunder nor in any way liable to Tenant because of such failure, and Tenant agrees to accept possession of the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for at such items time as Landlord is permitted able to complete at a later datetender the same, which items date shall thenceforth be specified by deemed to be the “Substantial Completion Date”. After the Substantial Completion Date, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises and the parties shall execute a certificate confirming the Substantial Completion Date the Rent Commencement Date, the Termination Date and the Option Date (each as defined in Paragraph 27, below), the date of Lease expiration and the Base Rent schedule. Notwithstanding the foregoing, Landlord, at its sole cost and expense (except as provided below), shall perform the following improvements to Tenant the Premises and deliver the same in writing)good repair and working order prior to the Substantial Completion Date (collectively, the “Landlord Improvements”): • Construction of approximately 8,000 square feet of new office space in accordance with attached Exhibit “A”. • Construction of an approximately 4,000 square foot configuration room in accordance with attached Exhibit “A”. • Upgrade electrical power in the Premises to 1200 AMP service. • Providing striping for an additional twenty-five (25) parking spaces in the parking lot in the area identified on attached Exhibit “A”. • Installation of handicap ramp in the area shown on attached Exhibit “A”. • Installation of riser and stand pipes.

Appears in 1 contract

Samples: Lease Agreement (Zones Inc)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases takes from LandlordLandlord certain premises situated within the County of Washoe, the following State of Nevada, more particularly described space, to wit: approximately 14,100 square feet as shown and outlined on the plan Exhibit "A" attached hereto as Exhibit A (and incorporated herein by reference, together with all rights, privileges, easements, appurtenances, and immunities belonging to or in any way pertaining to the “Leased Premises”) on premises and together with the second floorbuildings and other improvements situated or to be situated upon said premises said real property, located in the building commonly known and improvements being hereinafter referred to as the Kingsway building (the “Building”"premises"), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1the "commencement date", 2011as hereinafter defined, and ending December 3160 months thereafter, 2013 (“Term”) unless terminated or extended pursuant provided, however, that, in the event the "commencement date" is a date other than the first day of a calendar month, said term shall extend for said number of months in addition to any provision hereofthe remainder of the calendar month following the "commencement date". The "commencement date" shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "B" attached hereto and incorporated herein by reference. Landlord shall notify Tenant in writing as soon as Landlord deems said buildings and other improvements to be completed and ready for occupancy as aforesaid. In the event that said buildings and other improvements have not in fact been substantially completed as aforesaid, Tenant shall notify Landlord in writing of its objections. Landlord shall have a reasonable time after delivery of such notice in which to take such corrective action as may be necessary, and shall notify Tenant in writing as soon as it deems such corrective action has been completed so that said buildings and other improvements are completed and ready for occupancy. Taking of possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises premises have been made by Landlord, unless such are expressly set forth in this Leaselease. The taking After such "commencement date" Tenant shall, upon demand, execute and deliver to Landlord a letter of possession acceptance of delivery of the premises. In the event of any dispute as to substantial completion or work performed or required to be performed by Tenant Landlord, the certificate of Landlord's architect or general contractor shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing)conclusive.

Appears in 1 contract

Samples: Lease Agreement (Glacier Corp)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases takes from LandlordLandlord certain premises situated within the Country of Hennepin, the following described spaceState of Minnesota, to wit: approximately 14,100 square feet as shown and outlined on in red in the plan attached hereto as Exhibit EXHIBIT A (the “Leased "Premises”) on the second floor"), which is located in a building or buildings (collectively, the building commonly known as the Kingsway building (the “"Building”), ") situated on the real property described in Exhibit on EXHIBIT B attached hereto (the "Property") which is part of a development and incorporated herein by reference, together with all rights, privileges, easements, appurtenances, and immunities belonging to or in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only way pertaining to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Buildingleased premises. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1the "commencement date", 2011as hereinafter defined, and ending December 3160 months thereafter, 2013 provided, however, that in the event the "commencement date" is a date other than the first day of a calendar month, said term shall extend for said number of months in addition to the remainder of the calendar month following the "commencement date". [See Rider, Article 28] The "commencement date" shall be the date upon which the Premises have been substantially completed in accordance with the Plans and Specifications described on EXHIBIT C attached hereto. Landlord shall notify Tenant in writing as soon as Landlord deems the Premises to be completed and ready for occupancy. In the event that the Premises are not substantially completed in accordance with such Plans and Specifications, Tenant shall notify Landlord in writing of its objections within five (“Term”5) unless terminated or extended pursuant days after Tenant receives such notice. Landlord shall have a reasonable time after delivery of Tenant's notice in which to any provision hereoftake such corrective action as may be necessary and shall notify Tenant in writing as soon as it deems such corrective action has been completed so that the Premises are completed and ready for occupancy. Taking of possession by Tenant shall be deemed conclusively to establish that the Premises have been completed in accordance with the Plans and Specifications and that the Premises are in good and satisfactory condition, as of when possession was so taken, except for those uncompleted items set forth in writing by Tenant prior to such taking of possession. Tenant acknowledges that no representations as to the repair condition of the Leased Premises, nor promises to alter, remodel Premises or improve the Leased Premises Building have been made by Landlord, unless such are expressly set forth in this Leaselease. The taking On or before such "commencement date" Tenant shall, upon demand, execute and deliver to Landlord a letter of possession acceptance of delivery of the Premises, on Landlord's standard form. In the event of any dispute as to when or whether the work performed or required to be performed by Tenant Landlord has been substantially completed, the certificate of Landlord's architect or a certificate of occupancy issued by the local governmental authority permitting occupancy of the Premises shall be deemed conclusively to establish that the Buildingconclusive evidence of such completion, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for Tenant's miscellaneous punch list items, effective on the date of the delivery of any such items as Landlord is permitted certificate to complete at a later date, which items shall be specified by Landlord to Tenant in writing)Tenant.

Appears in 1 contract

Samples: Lease Agreement (Sauer Inc)

Premises and Term. In consideration 2.1 PREMISES -------- Subject to and with the benefit of the obligation provisions of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereofthis Lease, Landlord hereby demises and Leases leases to Tenant, Tenant and Tenant hereby accepts and Leases leases from Landlord, the following Total Rentable Floor Area of Tenant's Space in the Building (hereinafter, the "Tenant's Space"), as the same may be expanded pursuant to Exhibit R, together with the appurtenances described spacebelow and in Section 10.14 of this Lease. Tenant's Space as the same may be expanded pursuant to Exhibit R, with such appurtenances, is hereinafter collectively referred to wit: approximately 14,100 square feet as "the Premises". Tenant shall have, as appurtenant to the Premises, the right to use in common with other tenants of the Building the areas shown and outlined on the plan Plan as "Building Parking Area", all subject to and as further provided in Section 10.14 hereof. Tenant shall have, as appurtenant to the Premises, the right to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants and owners of other lots in the park shown on the Plan of the Park attached hereto as Exhibit A (the “Leased Premises”"Park") from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given written notice: (a) the common areas now or hereafter located at the Park (the "Common Areas"), including, without limitation, the Common Areas shown on the second floor, located in Plan of the building commonly known as the Kingsway building (the “Building”), situated on the real property described in Exhibit B Park attached hereto (as Exhibit A, as such Common Areas may be amended or modified by Landlord from time to time during the “Property”) Term hereof, it being understood and agreed that any amendments or modifications materially affecting the Lot, or otherwise materially interfering with Tenant's use and operation of its business thereon, shall require Tenant's prior written approval, which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and such approval shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities unreasonably withheld or delayed and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. The taking of possession by Tenant shall be deemed conclusively granted in the event that Tenant fails to establish that respond within ten (10) days of Landlord's written request for approval therefor; (b) all rights to access, all service areas, drainage of surface water runoff, including, without limitation, storm drainage systems and detention areas, (c) all grades, driveways, roadways, sidewalks and footways, lighting systems and traffic flow patterns, (d) all parking areas designated as common or visitors parking areas for use of the Buildingentire Park, other improvementsif any, (e) all rights appurtenant to the Lot and the Building created in or conveyed by the deed to Landlord attached hereto as Exhibit A-2, (f) all means of access to and from the Building to the Common Areas, including, without limitation, all sidewalks, roads, driveways and the like, and the Leased Premises are in good (g) all utility lines, electricity, water and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing)sewage disposal.

Appears in 1 contract

Samples: Open Market Inc

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts takes from Landlord certain premises situated within the County of Xxxxxx, State of Texas, more particularly described on Exhibit "A" attached hereto and Leases from Landlordincorporated herein by reference, the following described space, to witand as follows: approximately 14,100 Approximately 23,600 square feet as shown of office/warehouse space located in building "A" containing approximately 138,800 square feet and outlined situated on a tract of land out of the plan Xxxx Xxxxxxx Survey, Abstract 269, Houston, Xxxxxx County, Texas, and being more particularly described on Exhibit "A" attached hereto as Exhibit A (and made a part hereof. The address of this facility is 0000 Xxxx Xxxxx Xxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the “Leased Premises”) on the second floor, located in premises and together with the building commonly known and other improvements situated or to be situated upon said premises (said real property, building and improvements being hereinafter referred to as the Kingsway building (the “Building”"Premises"), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1, 2011the "commencement date" as March 1 1997, and ending December 31eighteen (18) months thereafter; provided, 2013 (“Term”) unless terminated or extended pursuant however, that in the event the "commencement date" is a date other than the first day of a calendar month, said term shall extend for said number of months in addition to any provision hereofthe remainder of the calendar month following the "commencement date". Tenant acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Leaselease. The taking After such "commencement date" Tenant shall, upon demand, execute and deliver to Landlord a letter of possession acceptance of delivery of the Premises. In the event of any dispute as to substantial completion or work performed or required to be performed by Tenant Landlord, the certificate of Landlord's architect or general contractor shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing)conclusive.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Supply Co)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, . Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts takes from Landlord certain premises situated within the County of Madison. State of AL more particularly described on EXHIBIT "A" attached ------- -- hereto and Leases from Landlordincorporated herein by reference, together with all rights, privileges, easements, appurtenances, and immunities belonging to or in any way pertaining to the following described space, to wit: approximately 14,100 square feet as shown and outlined on premises. If the plan attached hereto as Exhibit A (premises consist of the “Leased Premises”) on the second floor, located in entire leasable area of the building commonly known as shown on EXHIBIT "A", then the Kingsway premises include such entire building with all land and improvements shown on EXHIBIT "A" (such entire building, land and improvements being called the “Building”"Project"), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six commencing on April 1, 1999 and ------------- ending Sixty (3660) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereofthereafter. Tenant acknowledges that no representations it has inspected --------- and accepts the premises, and specifically the buildings and improvements compromising the same, in their present condition as to suitable for the repair of purpose for which the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such premises are expressly set forth in this Leaseleased. The taking Taking of possession by Tenant shall be deemed conclusively to establish that the Building, said buildings and other improvements, and the Leased Premises improvements are in good and satisfactory condition as of when possession was so taken (except taken. Tenant further acknowledges that no representations as to the repair of the premises, nor promises to alter, remodel or improve the premises have been made by Landlord, unless such are expressly act forth in this lease. If this lease is executed before the premises become vacant or otherwise available and ready for occupancy, or if any present tenant or occupant of the premises holds over, and Landlord cannot acquire possession of the premises prior to the date above recited as the commencement date of this lease, Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the premises at such items time as Landlord is permitted able to complete at a later datetender the same, which items date shall thenceforth be specified by deemed the "commencement date", and Landlord hereby waives payment of rent covering any period prior to the tendering of possession to Tenant in writing)hereunder. After the commencement date Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. 2.

Appears in 1 contract

Samples: Agreement (Metasolv Inc)

Premises and Term. In consideration Landlord leases to Tenant the real estate, described in the Lease Schedule ("Schedule") attached hereto and incorporated herein by reference ("Premises"). Those Premises, together with all improvements thereon, and all rights, easements and appurtenances thereto belonging, shall be leased to Tenant for a term defined below ("Lease Term"), upon the condition that Xxxxxx performs as provided in this Lease. New improvements (the "Tenant Improvements") are being constructed on a portion of the obligation Premises pursuant to a Construction Agreement between Landlord and Lang Construction Group, Inc., dated June 5, 2019 (the "Construction Agreement"). Xxxxxxxx entered into the Construction Agreement in order to construct the Tenant Improvements on behalf of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereof, Landlord hereby demises and Leases to Tenant, and the Tenant hereby accepts Improvements are being installed at Tenant’s direction and Leases from Landlordexpense. The Lease Term shall commence on the Effective Date and terminate on December 17, 2044, unless sooner terminated as provided in this Lease or if Tenant shall exercise any or all of its Option Terms, as hereinafter defined, the following described space, to wit: approximately 14,100 square feet as shown and outlined termination of the Lease shall be on the plan attached hereto as Exhibit A (last day of the “Leased Premises”) on the second floor, located month in the building commonly known as the Kingsway building (the “Building”), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purposeparticular Option Term exercised by Tenant. Tenant shall have shared access the right to conference roomsextend this Lease for five (5) periods of five (5) years each (each an "Option Term"). Each Option Term shall be exercised automatically by Tenant, training rooms, meeting facilities and other common areas unless Xxxxxx delivers written notice to Landlord of Tenant's decision not to exercise the upcoming Option Term. Such written notice of Xxxxxx's election not to exercise the upcoming Option Term shall be given to Landlord at least thirty (30) days prior to the end of the Building without charge Lease Term or Option Term, as applicable. Each Option Term shall be upon all of the same terms and conditions contained in this Lease unless otherwise modified by the parties. This Lease may be terminated by Tenant upon reasonable three (3) months prior written notice to Landlord, but only to Landlord any time after the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas first year of the Building. TO HAVE AND TO HOLD Lease Term has expired only if Tenant foresees irreparable harm (financial or otherwise) from continuing its operations on the same for a term of thirty-six (36) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereofPremises. Tenant acknowledges that no representations as shall attach to such written notice required herein to Landlord a resolution passed by its Board of Directors authorizing the repair termination of this Lease and citing the Leased irreparable harm to be suffered by the Tenant should it continue its operations on the Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing).

Appears in 1 contract

Samples: Lease Agreement

Premises and Term. In consideration of the obligation mutual obligations of Landlord and Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereofset forth herein, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases takes from Landlord, the following described space, to wit: approximately 14,100 126,750 square feet as of space (the "Premises") shown and outlined on the plan Exhibit "A" attached hereto as Exhibit A (the “Leased Premises”) on the second floorand incorporated herein, located in the building commonly known as the Kingsway Braker 12, which building has an address of 0000 Xxxxxx Xxxx, Xxxxxx, Xxxxxx County, Texas 78750 (the "Building"), situated . The Building is located on the real property described in on Exhibit B "A-1" attached hereto and incorporated herein. The term of this Lease shall commence on the Commencement Date hereinafter set forth and shall end on the last day of the month that is forty- eight (48) months after the Commencement Date (the “Property”) which is part "Expiration Date"). Notwithstanding anything to the contrary contained herein, on the Commencement Date, Tenant shall lease only that portion of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx Premises containing 85,000 square feet and shown on Exhibit "A-2" attached hereto and incorporated herein (the “Development”"Initial Premises"). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas lease approximately 20,875 square feet of the Building without charge Premises shown on Exhibit "A-3" attached hereto and upon reasonable notice incorporated herein (the "First Additional Premises") not later than the date which is the sixth month anniversary of the Commencement Date and Tenant shall lease the remaining approximately 20,875 square feet of the Premises shown on Exhibit "A-4" attached hereto and incorporated herein (the "Second Additional Premises") not later than the first annual anniversary of the Commencement Date. In the event Tenant elects to Landlord, but only lease the First Additional Premises prior to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas six month anniversary of the Building. TO HAVE AND TO HOLD Commencement Date or Tenant elects to lease the same for a term of thirty-six (36) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that no representations as Second Additional Premises prior to the repair first annual anniversary of the Leased Commencement Date, the commencement date for such space shall be the date Tenant actually occupies the First Additional Premises and/or the Second Additional Premises, nor promises as the case may be, for the conduct of Tenant's business. Further, notwithstanding anything to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly contrary set forth in this Lease. The taking of possession by herein, Tenant shall be deemed conclusively have no obligations with respect to establish that or liability for the BuildingFirst Additional Premises or the Second Additional Premises until the applicable commencement date for such space, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for the obligation to pay one-half (1/2) of the Operating Expenses attributable to such items space as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant provided in writing)Xxxxxxxxx 0X xxxxx.

Appears in 1 contract

Samples: Lease Agreement (Active Power Inc)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, Tenant and Tenant hereby accepts and Leases leases from Landlord, all that portion (hereinafter referred to as the following "premises") of certain real property, buildings and improvements situated within the County of Xxxx , State of Illinois , -------------------------------- ------------ legally described spacein Exhibit "A", to wit: approximately 14,100 square feet said premises being as shown and outlined on the site plan contained in Exhibit "B", and including any parking areas and truck loading areas specifically marked in red on said Exhibit B for the exclusive use of Tenant, said Exhibits being attached hereto as Exhibit A (the “Leased Premises”) on the second floorand incorporated herein by reference, located and all rights, privileges, easements, appurtenances and immunities belonging to or in the building commonly known as the Kingsway building (the “Building”), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only way pertaining to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Buildingpremises. TO HAVE AND TO HOLD the same for a term of thirty-six commencing on March 1, 1984 -------------------- and ending February 28, 1989 sixty (3660) months commencing on January 1thereafter, 2011, and ending December 31, 2013 (“Term”) ------------------------------------------------- unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that it has inspected the premises, knows the condition thereof, and accepts such premises, and specifically the buildings and improvements comprising the same, in their present condition, as suitable for the purposes for which the premises are leased. Taking of possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the repair of the Leased Premisespremises, nor promises to alter, remodel or of improve the Leased Premises premises have been made by Landlord, unless such are expressly set forth in this Leaselease. The taking If this lease is executed before the premises become vacant or otherwise available and ready for occupancy, or if any present tenant or occupant of the premises holds over and Landlord cannot, using good faith efforts, acquire possession by Tenant of the premises prior to the date above recited as the commencement date of this lease, Landlord shall not be deemed conclusively to establish that be in default hereunder, nor in any way liable to Tenant because of such failure. and Tenant agrees to accept possession of the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for premises at such items time as Landlord is permitted able to complete at tender the same, which date shall thenceforth be deemed the "commencement date"; and the term of this tease shall automatically be extended so as to include the full number of months hereinbefore provided for, except that if the commencement date is other than the first day of a later calendar month. such term shall also be extended for the remainder of the calendar month in which possession is tendered. Landlord hereby waives payment of rent covering any period prior to such tendering of possession. After the commencement date, which items shall be specified by Tenant shall, upon demand, execute and deliver to Landlord to Tenant in writing)a letter of acceptance of delivery of the premises.

Appears in 1 contract

Samples: Lease Agreement (Watson Pharmaceuticals Inc)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereof, Landlord hereby demises and Leases leases to Tenant, Tenant and Tenant hereby accepts and Leases leases from Landlord, Landlord that certain space comprised of the following described space, to wit: approximately 14,100 square feet as shown and outlined on the plan attached hereto as Exhibit A (the “Leased Premises”) on the second floor, located in the building commonly known as the Kingsway entire building (the “Building”)) located at 9000 Xxxxx Xxxxxx Xxxxxxxxx, situated on the real property described in Exhibit B attached hereto Beverly Hills, California (the “Property”, as further described in Article 25) which is part of a development in and the Park at Xxxxxxxxx XxxxxProperty, Xxx Xxxxx Xxxxxxxincluding, Xxxxxxxx without limitation, the basement, first and second floors thereof (collectively, the “DevelopmentPremises”), as described or shown on Exhibit A attached hereto, subject to the provisions herein contained. The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) of this Lease shall commence on February 1, 2004 (the “Commencement Date”) and shall end on January 31, 2009 (“Expiration Date”), unless sooner terminated or extended pursuant as provided herein. The Commencement Date shall be subject to any provision hereofadjustment as provided in Article 4. Landlord and Tenant acknowledges agree that no representations as for purposes of this Lease the rentable area of the Premises is 20,000 square feet. Notwithstanding anything else to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth contrary in this Lease, Landlord (referenced, in such capacity, in this paragraph as “LL Occupant”) may continue during the Occupancy Period (as defined below) to occupy the two (2) offices in the southeastern portion of the basement of the Building (“LL Occupancy Space”), described or shown on Exhibit A-l attached hereto, which LL Occupant is currently occupying. The taking of possession by Tenant During the Occupancy Period, LL Occupant shall be deemed conclusively occupy the LL Occupancy Space, shall continue to establish use the parking spaces that the Building, other improvementsit currently uses, and the Leased Premises are shall continue to use and receive the utilities and services at the Building that it currently uses and receives, all without any obligation to pay Tenant any base rent, additional rent or other charges, fees, costs or other amounts of any kind in good connection therewith. The “Occupancy Period” shall begin on the date that this Lease is executed and satisfactory condition as delivered by both Landlord and Tenant and shall end on the date that is thirty (30) days after Tenant gives LL Occupant written notice of when possession was so taken the termination of the Occupancy Period, provided, however, that (except for such items as Landlord a) Tenant shall not terminate the Occupancy Period before the date that is permitted to complete three (3) months after the Commencement Date, and (b) LL Occupant may terminate the Occupancy Period at a later date, which items shall be specified any time by Landlord giving written notice to Tenant in writing)of the date of the termination of the Occupancy Period.

Appears in 1 contract

Samples: Office Lease (NGTV)

Premises and Term. In consideration of the obligation of Tenant to pay rent Rent (as herein provideddefined in Paragraph 4(g)), and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases takes from LandlordLandlord the Premises designated on the Data Sheet, the following described space, to wit: approximately 14,100 square feet as shown and outlined crosshatched on the plan attached hereto as Exhibit A (the “Leased Premises”) on the second floorA, which Premises are located in the building commonly known as the Kingsway building (the “Building”), situated on the real property described together with all rights, privileges, easements, appurtenances, and immunities belonging to or in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only way pertaining to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the BuildingPremises. TO HAVE AND TO HOLD the same for the Term, provided, however, that in the event the Commencement Date is a term date other than the first day of thirty-six (36) a calendar month, said Term shall be extended for said number of months commencing on January 1, 2011in addition to the remainder of the calendar month following the Commencement Date, and ending December 31provided further that if Tenant begins to conduct business in all or any portion of the Premises before the Commencement Date, 2013 (“Term”) unless terminated or extended all terms and conditions of this Lease shall apply to such period, except that, on the Commencement Date, and in addition to any other Rent due and payable on the Commencement Date pursuant to any provision hereof. this Lease, Tenant acknowledges that no representations as shall pay to Landlord a rental in respect of the period from the date Tenant begins to conduct business in the Premises to the repair Commencement Date, which rental shall be that proportion of Rent payable for the first year of the Leased PremisesTerm which the number of days in such period bears to 365. Notwithstanding the foregoing, nor promises if the Premises shall, on the scheduled Commencement Date of the Term, not be ready for occupancy by the Tenant due to alterthe possession or occupancy thereof by any person not lawfully entitled thereto, remodel or improve the Leased Premises have because construction has not yet been made completed, or by reason of any Building operations, repair or remodeling to be done by Landlord, unless Landlord shall use good faith efforts to complete such are expressly set forth construction, Building operations, repair or remodeling and to deliver possession of the Premises to Tenant. Landlord, using such good faith efforts, shall not in any way be liable for failure to obtain possession of the Premises for Tenant or to timely complete such construction, Building operations, repair or remodeling, but the Rent payable by Tenant under this LeaseLease shall xxxxx until the date Landlord is able to tender possession of the Premises to Tenant, which date shall be deemed the “Commencement Date;” and the Term shall be automatically extended so as to include the full number of months stated on the Data Sheet except that if the Commencement Date is other than the first day of a calendar month, such Term shall also be extended for the remainder of the calendar month in which possession is tendered. The taking of possession by Tenant shall be deemed conclusively to establish that the BuildingPremises (a) have been completed in accordance with the provisions of the Work Letter Agreement attached hereto as Exhibit B, other improvements, and the Leased Premises (b) are in good and satisfactory condition as of when possession was so taken and (except for c) consist of the number of rentable square feet stated on the Data Sheet, it being understood and agreed that the number of rentable square feet in the Premises shall include a proportionate share of a mechanical room serving the Premises and other premises in the Building. Upon delivery of the Premises, Tenant shall execute and deliver to Landlord a letter of accepting the Premises and confirming the Commencement Date, such items letter to be in the form attached hereto as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing).Exhibit E.

Appears in 1 contract

Samples: Lease Agreement (Kips Bay Medical, Inc.)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts takes from Landlord that portion of the building located at 000 X. Xxxxxxxxxx Xxxxx, Xxxxxxx, Xxxxx, AmberPoint, Building 1. (the "Building"), known as Suite 100, containing approximately 210,563 square feet, and Leases from Landlord, the following described space, to wit: approximately 14,100 square feet as shown and outlined on the plan Exhibit A attached hereto as Exhibit A (the “Leased "Premises”) on the second floor, located in the building commonly known as the Kingsway building (the “Building”"), which square footage includes a pro rata share of the Building's electrical and sprinkler room. The Building is situated on the real property land described in Exhibit B attached hereto (the “Property”) which "Land"), and the Land, the Building and all other structures, improvements, fixtures and appurtenances now or hereafter placed, constructed or included on or appurtenant to the Land is part of a development in hereinafter called the "Project". The Project is currently known as AmberPoint Business Park at Xxxxxxxxx XxxxxCoppell, Xxx Xxxxx XxxxxxxBuilding 1, Xxxxxxxx (the “Development”)and is more particularly described on Exhibit C attached hereto. The Leased Premises shall be occupied To have and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD hold the same for a term of thirty-six (36the "Term") months commencing on January 1the date of Substantial Completion of the Tenant Improvements (as defined in Exhibit D), 2011as such date shall be determined pursuant to Exhibit D attached hereto (the "Commencement Date") and ending on March 31, 2010 (the "Termination Date"). Tenant acknowledges that it has inspected the Premises and the Building, and ending December 31subject to Landlord's obligations under Exhibit D attached hereto and any latent defects reported to Landlord within 180 days after the Commencement Date, 2013 (“Term”) unless terminated or extended pursuant accepts the Premises, the Building and common areas in their present condition as suitable for the purpose for which the Premises are leased. Landlord shall cause any latent defects in the Building shell and the Tenant Improvements to any provision hereofbe repaired at no cost to Tenant. Taking of possession of the Premises by Tenant for purposes of conducting business after Substantial Competition shall be deemed conclusively to establish that the Premises, the Building and common areas are in good and satisfactory condition on the date possession was taken, subject to latent defects reported to Landlord within 180 days after the Commencement Date and punchlist items to be completed by Landlord in accordance with Exhibit D. Tenant further acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. The taking Landlord has made no representation or warranty as to the suitability of possession by the Premises for the conduct of Tenant's business and Tenant shall be deemed conclusively to establish hereby waives any other implied warranty that the Building, other improvements, and the Leased Premises are suitable for Tenant's intended purposes; provided that the foregoing shall not relieve Landlord from any obligations set forth in good this Lease. After the Commencement Date Tenant shall, upon demand, execute and satisfactory condition as deliver to Landlord an Acceptance of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant Premises Memorandum in writing)the form of Exhibit E attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Somera Communications Inc)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereofhere, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases leases from Landlordlandlord certain premises situated within the County of Shelby, the following State of Tennessee, more particularly described space, to wit: approximately 14,100 square feet as shown and outlined on the plan Exhibit "A" ------ --------- attached hereto as Exhibit A and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the premises and together with the buildings and other improvements situated upon said premises (the “Leased Premises”) on the second floorsaid real property, located in the building commonly known buildings and improvements hereinafter referred to as the Kingsway building (the “Building”"premises"), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six commencing on October 1, 1989 and --------------- ending September 30, (3660) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereofthereafter. Tenant acknowledges that no representations it has ------------ inspected and accepts the premises, and specifically the buildings and improvements comprising the same, in their present condition as to suitable for the repair of purpose for which the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such premises are expressly set forth in this Leaseleased. The taking Taking of possession by Tenant shall be deemed conclusively to establish that the Building, said buildings and other improvements, and the Leased Premises improvements are in good and satisfactory condition as of when possession was so taken (except taken. Tenant further acknowledges that no representations as to the repair of the premises, nor promises to alter, remodel or improve the vacant or otherwise available and ready for occupancy, or if any present tenant or occupant of the premises holds over, and Landlord cannot acquire possession of the premises prior to the date above recited as the commencement date of this lease, landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the premises at such items time as Landlord is permitted able to complete at a later datetender the same, which items date shall thenceforth be specified by deemed the "commencement date": and Landlord hereby waives payment of rent covering any period prior to the tendering of possession to Tenant in writing)hereunder. After the commencement date Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises.

Appears in 1 contract

Samples: Lease Agreement (Cortelco Systems Inc)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, Landlord for and in consideration of the other termsrents hereinafter reserved, provisionsof the covenants, agreements and covenants hereofconditions hereinafter set forth, Landlord to be kept or performed on the part of Tenant, hereby demises and Leases leases to Tenant, and Tenant hereby accepts rents and Leases leases from LandlordLandlord the premises described in Exhibit A attached hereto and incorporated herein by reference (the "Premises"), the following described space, to wit: approximately 14,100 square feet as shown and outlined on the plan attached hereto as Exhibit A (the “Leased Premises”) on the second floor, located in the building commonly known as the Kingsway two-story atrium building (the "Building”), situated ") containing approximately One Hundred Thousand (100,000) square feet of rentable space located on the real property described Premises and surface parking spaces for use by Tenant for the term of this Lease. The parties agree that between Four Hundred Fifteen (415) and Four Hundred Twenty-Three (423) surface parking spaces are to be constructed. Landlord shall supply Tenant with a copy of the Plans and Specifications for the improvements to be constructed on the Premises by Landlord and Tenant shall initial the same indicating Tenant's approval of the Plans and Specifications. The Plans and Specifications will be attached to this Lease as Exhibit B and incorporated herein by reference. The improvements to be constructed by Landlord shall be completed in substantial accordance with the specifications set forth in Exhibit B attached hereto and incorporated herein by reference and the other items of work and materials, if any, as may be required under the terms of any work letter which may be executed between Landlord and Tenant in connection with this Lease. Notwithstanding the foregoing, Landlord shall have the right to make upgrades to the Plans and Specifications which do not affect the structure of the Building provided that such upgrades do not exceed the cost of Fifteen Thousand Dollars ($l5,000.00) per occurrence and Two Hundred Thousand Dollars ($200,000.00) in the aggregate. Landlord shall not have the right to make any downgrades to the Plans and Specifications if such downgrades materially affect the quality of the improvements. The Landlord also grants to the Tenant the nonexclusive right to use the areas in the FOUNTAIN SQUARE DEVELOPMENT which are designated by Landlord as common areas to be used by all tenants and occupants of the FOUNTAIN SQUARE DEVELOPMENT (the “Property”"Development") which is part in common with Landlord and the tenants and occupants of the Development (their agents, employees, and invitees), for a development in term to commence on the Park 25th day of November, 1988, and to end at Xxxxxxxxx Xxxxxmidnight on the 24th day of November, Xxx Xxxxx Xxxxxxx1998, Xxxxxxxx such period being the term of this Lease (the “Development”"Term"). The Leased Development is more particularly described in Exhibit C attached hereto and incorporated herein by reference. The date specified above for the commencement of the Term, or, if Landlord cannot deliver the Premises for possession by Tenant on such date, then the date when Landlord can deliver the Premises for possession by Tenant is hereinafter referred to as the commencement date (the "Commencement Date"). For the purposes of this Paragraph, the Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing).delivered

Appears in 1 contract

Samples: Lease Agreement (Consumers Us Inc)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases to Tenant, and Tenant hereby accepts and Leases from LandlordLandlord certain Premises situated within the County of Shelby, the following described State of Tennessee, consisting of: Approximately 120,000 square feet of industrial space, to wit: approximately 14,100 square feet together with adjoining ramps, loading docks and parking areas, as shown and outlined on the plan Exhibit “A” attached hereto and incorporated herein by reference (herein referred to as Exhibit A (the “Premises” or the “Leased Premises”) on the second floor, ). The Premises are located in the building commonly a Building known as the Kingsway 0000 Xxxxxxx Xxxx Xxxx, Xxxxxxx, Xxxxxx Xxxxxx, Xxxxxxxxx (such building (is herein referred to as the “Building”);” the Building and surrounding grounds, situated on the real including surrounding grounds for a property described in Exhibit B attached hereto (the known as 0000 Xxxxxxx Xxxx Road, are herein referred to collectively as Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “DevelopmentXxxxxx Xxxx XX”). The Leased Premises shall be occupied Subject to certain restrictions set forth below, the rights granted to Tenant hereunder include the exclusive right to park vehicles (including trucks and used exclusively for general office purposes trailers) within the property comprising the “Premises”; the non-exclusive right (in common with Landlord, the other tenants of the Building and for legal purposes incidental thereto their respective permittees) to park in the “non-exclusive parking and shall not be used for any access areas” identified on Exhibit “A” hereto in connection with Tenant’s usage of the Premises; the non-exclusive right (in common with Landlord, the other purpose. Tenant shall have shared tenants of the Building and their respective permittees) to continuous driveway access through such “non-exclusive parking and access areas” to conference roomspublic roads adjacent to Xxxxxx Xxxx XX; and the non-exclusive right (in common with Landlord, training roomsthe other tenants of the Building and their respective permittees) to use the walkways, meeting facilities hallways, sidewalks and all other common areas adjacent to or serving the Premises or the Building, together with all rights, privileges, easements, and appurtenances belonging to or in any way pertaining to any of the Building without charge and upon reasonable notice to Landlord, but only foregoing rights. Notwithstanding anything herein to the extent Landlord owns contrary, Tenant shall not permit vehicles to be parked in such a manner that will interfere with the conference rooms, training rooms, meeting facilities and/or other common areas free flow of traffic through any of the Building“non-exclusive parking and access areas” identified on Exhibit “A.” From and after the date on which the premises immediately adjacent to the Premises are occupied by a tenant, Tenant shall not permit any vehicle to be wholly or partially parked within the area reserved for the exclusive use of such tenant, such space being identified on Exhibit “A” hereto. TO HAVE AND TO HOLD the same for a term of thirty-six 60 months (36) months commencing on January 1, 2011, and ending December 31, 2013 (the “Term”) unless terminated or extended commencing on December 1, 2006 (“Commencement Date”) and, subject to Tenant’s renewal option set forth in Section 28 hereof, ending November 30, 2011 (“Termination Date”). Tenant is currently in possession of the Premises pursuant to any provision the Existing Lease Agreements (as defined in Section 27 hereof). Tenant acknowledges that the Premises are in good and satisfactory condition as of the date hereof. Tenant acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. The taking of possession by Tenant For the purposes hereof a “lease year” shall be deemed conclusively to establish that the Building, other improvements, a calendar year concluding December 31 and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items partial lease year shall be specified by Landlord to Tenant in writing)(a) from the Commencement Date until December 31,2006 and (b) from January 1 of the final calendar year of the Lease until the Termination Date.

Appears in 1 contract

Samples: Lease Agreement (Bway Corp)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein providedThe Landlord, and in consideration of the other termsrents herein reserved and of the agreements and conditions herein contained, provisions, on the part of the Tenant to be kept and covenants hereof, Landlord hereby demises and Leases to Tenant, performed,. teases unto the Tenant and Tenant hereby accepts rents and Leases leases from Landlord, according to the terms and provisions herein, the following described spacereal estate, situated in Dubuque County, Iowa, to wit: approximately 14,100 square feet ' The patio area (Parcel B) as shown and outlined on the plan attached hereto as Exhibit A (the “Leased Premises”) on the second floor, located in the building commonly known as the Kingsway building (the “Building”), situated on the real property described in Exhibit B attached hereto (but specifically excluding the “Property”hydraulic lift located on Lot B) which is and by this reference made a part hereof (the Leased Premises), legally described as a part of a development in the Park at Xxxxxxxxx XxxxxLot 6 of Ice Harbor Development, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only according to the extent Landlord owns recorded plat thereof, with the conference roomsimprovements thereon and all rights, training roomseasements and appurtenances thereto belonging, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term commencing at midnight of thirty-six (36) months commencing the day previous to the first day of the lease term, which shall be on January 1, 2011the 1st day of June. 2005, and ending December 31at midnight on the last day of the lease term; which shall be on the 31st day of December, 2013 (“Term”) unless terminated or extended pursuant 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a. non-exclusive, perpetual Public Access Easement, to any provision hereofrun with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant acknowledges agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons during the term of this Agreement the non-exclusive privilege to park in' Parking Lots 1 and 2 shown on Exhibit A at no representations additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants to Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the repair height of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005) to extend not more than the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant's current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant's application to other governmental entitles for any required permission for such barge. In the event Tenant constructs such barge, the area upon which such barge is located shall become a part of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing).

Appears in 1 contract

Samples: Lease Agreement (Peninsula Gaming, LLC)

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Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases takes from LandlordLandlord certain premises situated within the County of Hennepin, the following described spaceState of Minnesota, to wit: approximately 14,100 square feet as shown and outlined in red on the plan attached hereto as Exhibit EXHIBIT A (the “Leased "Premises”) on the second floor"), which is located in a building or buildings (collectively, the building commonly known as the Kingsway building (the “"Building”), ") situated on the real property described in Exhibit B on EXHIBIT A-1 attached hereto (the "Property") which is part of a development and incorporated herein by reference, together with all rights, privileges, easements, appurtenances, and immunities belonging to or in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only way pertaining to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Buildingleased premises. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1, 2011the "commencement date," as hereinafter defined, and ending December 31February 28, 2013 (“Term”) 2009, unless sooner terminated or extended pursuant as hereinafter provided. The commencement date shall be June 1, 2001. Taking of possession by Tenant shall be deemed conclusively to any provision hereofestablish that the Premises have been completed and that the Premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to the repair condition of the Leased Premises, nor promises to alter, remodel Premises or improve the Leased Premises Building have been made by Landlord, unless such are expressly set forth in this Leaselease. The taking On or before such commencement date Tenant shall, upon demand, execute and deliver to landlord a letter of possession acceptance of delivery of the Premises, on Landlord's standard form. Landlord and Tenant acknowledge that all leasehold improvements to be placed in the Premises shall be constructed and placed therein by Tenant and/or Tenant's contractors, pursuant to EXHIBIT B attached hereto and made a part hereof, and, notwithstanding anything in the Lease to the contrary, Landlord's obligation to complete the Premises shall be satisfied by Landlord's delivery to Tenant of the Building shell as currently constructed and in an "AS- IS" condition. Base Rent and Security Deposit. Tenant agrees to pay to Landlord base rent for the Premises, in advance, without demand, deduction or set off, for the entire term hereof at the rate of $13,061.60 per month for the period beginning on the commencement date and ending on the last day of the forty-eighth (48th) full calendar month thereafter, $15,333.19 per month for the period beginning on the first day of the forty-ninth (49th) full calendar month of the term and ending on the last day of the eighty-fourth (84th) full calendar month of the term; and $16,468.98 per month for the period beginning on the first day of the eighty-fifth (85th) full calendar month of the term and ending on the last day of the ninety-third (93rd) full calendar month of the term (such last day of the ninety-third (93rd) full calendar month of the term or any earlier date as to which the term is terminated as provided herein is hereinafter the "Expiration Date"), except that the monthly installment which otherwise shall be due on the commencement date shall be due and payable on the date hereof. Thereafter, one such monthly installment shall be due and payable without demand on or before the first day of each calendar month succeeding the commencement date during the term hereof, except that the rental payment for any fractional calendar month at the commencement or end of the lease period shall be prorated. In addition, Tenant agrees to deposit with Landlord on the date hereof the sum of Zero Dollars ($0.00), which sum shall be held by Landlord, without interest, as security for the performance of Tenant's covenants and obligations under this lease, it being expressly understood and agreed that such deposit is not an advance rental deposit or a measure of Landlord's damages in case of Tenant's default. Upon the occurrence of any event of default by Tenant, Landlord may, from time to time, without prejudice to any other remedy provided herein or provided by law, apply such fund to any arrears of rent or other payments due Landlord hereunder, and any other damage, injury, expense or liability caused by such event of default without waiving such default; and Tenant shall pay to Landlord on demand the amount so applied in order to restore the security deposit to its original amount. Although the security deposit shall be deemed conclusively to establish that the Buildingproperty of Landlord, other improvements, and the Leased Premises are in good and satisfactory condition as any remaining balance of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items deposit shall be specified returned by Landlord to Tenant in writing)at such time after termination of this lease that all of Tenant's obligations under this lease have been fulfilled. If the Property is conveyed by Landlord and Landlord delivers said deposit to Landlord's grantee, Landlord shall have no further liability to Tenant with respect to said deposit and its application or return.

Appears in 1 contract

Samples: Lease Agreement (Protein Design Labs Inc/De)

Premises and Term. In consideration of the obligation mutual obligations of Tenant Lessor and Lessee set forth herein, Lessor leases to pay rent as herein providedLessee, and Lessee hereby takes from Lessor the premises (the "LAND") situated within the County of Dentxx, Xxate of Texas, more particularly described on EXHIBIT A attached hereto and incorporated herein by reference (subject to adjustment as provided in consideration of Section 26.D.) and the other improvements contemplated to be constructed thereon pursuant to this Lease (the "IMPROVEMENTS") (the Land and Improvements being herein collectively referred to as the "PREMISES") together with all rights, privileges, easements, appurtenances, and amenities belonging to or in any way pertaining to the Premises, to have and to hold, subject to the terms, provisions, covenants and covenants hereof, Landlord hereby demises and Leases to Tenant, and Tenant hereby accepts and Leases from Landlord, the following described space, to wit: approximately 14,100 square feet as shown and outlined on the plan attached hereto as Exhibit A (the “Leased Premises”) on the second floor, located in the building commonly known as the Kingsway building (the “Building”), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth conditions in this Lease. The taking term of possession by Tenant this Lease (the "PRIMARY TERM") shall commence on the commencement date hereinafter set forth and shall end on the last day of the month that is 120 months after the commencement date (subject to extension as provided in this Lease). Lessor shall notify Lessee of the substantial completion of the Improvements, which shall be deemed conclusively to establish occur on the date determined in accordance with this Paragraph. The term of this Lease shall commence on the latest of the following three dates (herein referred to as the "COMMENCEMENT DATE"): (i) the date which is fourteen (14) days after Lessor's notice to Lessee that the BuildingPremises are fixture-ready, other improvementspermitting Lessee to install furniture, equipment, fixtures, and other personal property in the Leased Premises are warehouse portion of the Improvements in good accordance with Paragraph I A(iv) (the "MOVE IN Period"); (ii) the date of substantial completion of the Improvements, determined in accordance with Paragraph 1; and satisfactory condition as (iii) April 1, 1997. Lessor hereby waives payment of when possession was so taken (except for such items as Landlord is permitted rent during the Move In Period, or at any time prior to complete at a later the commencement date, which items shall be specified by Landlord to Tenant in writing).

Appears in 1 contract

Samples: Industrial Lease Agreement (Gadzooks Inc)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases takes from LandlordLandlord certain premises situated within the County of Dallas, the following State of Texas, more particularly described spaceon Exhibit “A”, to wit: approximately 14,100 square feet as shown and outlined on the plan which is attached hereto as Exhibit A and made a part hereof, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the said premises and together with the building and other improvements erected upon said premises (the “Leased Premises”) on said real property and the second floor, located in the building commonly known buildings and improvements thereon being hereinafter referred to as the Kingsway building (the Building”), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Developmentpremises”). The Leased Premises shall be occupied To Have and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD Hold the same for a term of thirty-six (36) months commencing on January the “commencement date”, as hereinafter defined and ending 39 months thereafter, provided, however, that in the event the “commencement date” is a date other than the first day of a calendar month, said term shall extend for said number of months in addition to the remainder of the calendar month following the “commencement date”. The “commencement date” shall be APRIL 1, 20112020. Tenant acknowledges that it has inspected and accepts the premises and specifically the buildings and improvements comprising the same, in their present condition as suitable for the purpose for which the premises are leased; except for (i) latent defects discovered within ninety (90) days following the commencement date, and ending December 31(ii) as otherwise expressly provided in this lease. Subject thereto, 2013 (“Term”) unless terminated or extended pursuant taking of possession by Tenant shall be deemed conclusively to any provision hereofestablish that said buildings and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the repair of the Leased Premisespremises, nor promises to alter, remodel or improve the Leased Premises premises have been made by Landlord, unless such are expressly set forth in this Leaselease. The taking If this lease is executed before the premises become vacant or otherwise available and ready for occupancy, or if any present tenant or occupant of the premises holds over, and Landlord cannot acquire possession by Tenant of the premises prior to said “commencement date”, Landlord shall not be deemed conclusively to establish that the Building, other improvementsbe in default hereunder, and Tenant agrees to accept possession of the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for premises at such items time as Landlord is permitted able to complete at a later datetender the same, which items date shall thenceforth be deemed the “commencement date”, and Landlord hereby waives payment of rent covering any period prior to the tendering of possession to Tenant hereunder. After the commencement date Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. This lease is a commitment of Tenant’s current revenue only. Notwithstanding any provision herein to the contrary, the Board of Trustees of Tenant retains the continuing right to terminate this Lease at the expiration of each budget period during the term of this lease including all renewals and extensions of said term. The effective date of such termination shall be specified by the last day of Tenant’s budget period (currently June 30th) following advance written notice thereof to Landlord. Additionally, Tenant shall provide Landlord reasonable written notice of any change in Tenant’s fiscal year. Upon the effective date of termination, all rights and obligations hereunder shall cease and terminate, except for any liabilities of Tenant or Landlord which accrued prior to lease termination and those that expressly survive expiration or termination of this lease. Tenant’s right to terminate this lease pursuant to this paragraph is personal to Tenant in writing)and may not be assigned to any party.

Appears in 1 contract

Samples: Lease Agreement

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases leases from Landlord, the following described space, to wit: Landlord certain premises consisting of a building containing approximately 14,100 102,297 square feet as shown at 0000 Xxxx Xxx Xxxxxxx, Xxxxxx of Xxxx, State of Georgia, (the "Building") together with all site improvements upon the real property legally described on Exhibit "A" and outlined depicted on the site plan attached hereto as Exhibit A "A-1" (collectively the “Leased "Premises”) on the second floor, located in the building commonly known as the Kingsway building (the “Building”"), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1the "Commencement Date", 2011as hereinafter defined, and ending December 31One Hundred Twenty Two (122) months thereafter; provided however, 2013 that in the event the Commencement Date is a date other than the first day of a calendar month, said term shall extend for said number of months in addition to the remainder of the calendar month following the Commencement Date. (“Term”See also Additional Provisions, Sections 2, 3, and 4) unless terminated The Commencement Date shall be the date upon which the Landlord's Work shall have been substantially completed provided however, that if Landlord shall be delayed in such Substantial Completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or extended pursuant installations not available in same time period or which require more time to complete than Landlord's standard; (iii) Tenant's changes in plans; or (iv) the performance or completion of work by a party employed by Tenant, the Commencement Date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord can not substantially complete the Premises as a result of any of events (i) through (iv) above, Landlord may at its election complete so much of Landlord's Work as may be practical under the circumstances and, by written notice to Tenant, establish the Commencement Date as the date of such partial completion, subject to any provision hereofapplicable accelerations due to delays resulting from events (i) through (iv) above. Notwithstanding the preceding Landlord's election, Landlord agrees to pursue the completion of Landlord's Work in an expeditious manner. Taking of possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the Premises are in good and satisfactory condition (latent defects, Warranty Work and punch list items excepted), as of when possession was so taken. Tenant acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Leaselease. The taking After such Commencement Date Tenant shall, upon demand, execute and deliver to Landlord a letter of possession acceptance of delivery of the Premises. In the event of any dispute as to Substantial Completion of work performed or required to be performed by Tenant Landlord, the certificate of Landlord's architect impartially given shall be deemed conclusively conclusive. (See Also Additional Provisions, Section 15 and 19). Landlord covenants to establish repair or replace, at Landlord's expense and as "Warranty Work," any defective item of Landlord's Work of which Tenant notifies Landlord within one year after the Commencement Date and that requires repair or replacement (other than normal wear and tear) as a result of (i) any failure to construct the BuildingBuilding in material compliance with Exhibit "B-1"; (ii) any failure to construct the leasehold improvements in material compliance with the Basic Outline Specifications in Exhibit "B-1" or improvements made per Exhibit "B-2"; or (iii) any defective materials or workmanship. Within 10 days after the expiration of the above-described one-year warranty period, other Landlord will assign to Tenant any manufacturers' or subcontractors' warranties or guaranties that are still then in effect with respect to the Building or the leasehold improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for any such items as warranties or guaranties relating to any portions of the Premises which Landlord is permitted required under this Lease to complete maintain and repair at a later date, which items shall be specified by Landlord to Tenant in writing)Landlord's expense.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, . Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases leases from Landlord, all that portion (hereinafter referred to as the following "premises") of certain real property situated within the County of DuPage, State of Illinois, legally described spacein Exhibit "A", and the buildings and improvements to wit: approximately 14,100 square feet be constructed thereon, said premises being as shown and outlined on the site plan contained in Exhibit "B", and including any parking areas and truck loading areas specifically marked in red on said Exhibit B for the exclusive use of Tenant, said Exhibits being attached hereto as Exhibit A (the “Leased Premises”) on the second floorand incorporated herein by reference, located and all rights, privileges, easements, appurtenances and immunities belonging to or in the building commonly known as the Kingsway building (the “Building”), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only way pertaining to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Buildingpremises. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1the "commencement date", 2011as hereinafter defined, and ending December 31sixty (60) months thereafter, 2013 (“Term”) unless sooner terminated or extended pursuant to any provision provisions hereof; provided, however, that if the commencement date is other than the first day of a calendar month, such term shall extend for said number of months in addition to the remainder of the calendar month following the "commencement date". The "commencement date" shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications of Landlord as agreed upon by Landlord and Tenant in writing as provided below (other than any exterior work which cannot be completed on such date because of weather conditions or other causes beyond Landlord's reasonable control provided such incompletion will not substantially interfere with Tenant's use of the premises). Landlord shall give Tenant not less than ten (10) days' notice in writing of the date upon which Landlord proposes to lender said buildings and other improvements as substantially completed and ready for occupancy as aforesaid. In the event that the buildings and other improvements are not in fact substantially completed and ready for occupancy as aforesaid on the date specified in such notice. Tenant shall notify Landlord in writing of its objections within five (5) days after receipt of Landlord's notice. Landlord shall have a reasonable time after delivery of such notice in which to take such corrective action as Landlord deems necessary and shall notify Tenant in writing as soon as it deems such corrective action, if any, has been completed so that said buildings and other improvements are completed and ready for occupancy. Taking of possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been so completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken (except for such items Landlord is permitted to complete at a later date because of weather conditions or other causes beyond Landlord's reasonable control, which items shall be specified by Landlord to Tenant in writing). Tenant acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises premises have been made by Landlord, unless such are expressly set forth in this Leaselease. Upon such "commencement date" Tenant shall execute and deliver to Landlord a letter of acceptance of delivery of the premises, such letter to be on Landlord's standard form therefor. In the event of any dispute as to when and whether the work performed or required to be performed by Landlord has been substantially completed, the certificate of an A.I.A registered architect or a temporary or final certificate of occupancy issued by the local governmental authority shall be conclusive evidence of such completion, effective on the date of the delivery of a copy of any such certificate to Tenant. The taking premises are to be constructed substantially in accordance with the plans and specifications prepared for Landlord and agreed to by Tenant. If Landlord and Tenant have not so agreed prior to the date hereof, they hereby agree to use their best efforts to reach such agreement as soon as possible. If Landlord and Tenant fail to agree upon the plans and specifications for the premises within fifteen (15) days after the execution hereof, Landlord may, at any time thereafter, submit to Tenant plans and specifications for the interior of the premises similar to the plans and specifications customarily used by Landlord or its agents (or if Landlord is a Trust, the agents of the beneficiary) for buildings of a similar type and demand. In writing, that Tenant agree to such plans and specifications. If Tenant fails within ten (10) days thereafter to agree to such plans and specifications or submit any revisions thereto which do not increase Landlord's cost of providing the same, Landlord may, in addition to any other remedy granted Landlord hereunder in case of a default by Tenant, elect at any time thereafter, upon notice to Tenant, to either (i) complete the shall or such premises and any other work which Landlord and Tenant have agreed to in writing, tendering possession to Tenant upon substantial completion thereof, the date of such tender being deemed to be the commencement date hereunder, and charge Tenant for the additional costs of completing the electrical, plumbing, office partitions and other similar tenant finish work, the plans and specifications for which have not been agreed to by Landlord and Tenant, which amount shall be paid by Tenant to Landlord as additional rent prior to such tenant finish work commencing, or (ii) cancel this lease, effective fifteen (15) days after Tenant receives such notice, without incurring any liability on account thereof and the term hereby granted is expressly limited accordingly. The cost of any changes and/or additions made to the buildings and improvements at the request of Tenant after Landlord and Tenant have agreed on the original plans and specifications, including but not limited to the actual cost therefor, the cost of revisions in the plans and specifications and the cost of any delays in construction resulting from any Tenant requested changes, whether or not such changes are finally agreed to, together with twenty (20) percent of such costs for Landlord's overhead and profits, shall be paid by Tenant upon Landlord's presentation of a bill xxxrefor and such amount shall be treated as additional rent hereunder. In addition to the letter of acceptance of delivery provided for above and any estoppel certificate required under Paragraph 24D hereof, upon request of Landlord at any time after the commencement date. Tenant shall execute and deliver to Landlord's mortgagee a prospective mortgagee a sworn and acknowledged estoppel certificate, in form reasonably satisfactory to Landlord's mortgagee or prospective mortgagee, as the case may be, certifying the matters set forth in Paragraph 24D and further certifying that Tenant accepts the premises as being delivered in accordance with the above referred to plans and specifications. To induce Landlord to enter into this lease and to complete the premises in accordance with the above referred to plans and specifications. Tenant hereby irrevocably appoints Landlord, or if Landlord is a trust, Landlord's beneficiary as attorney-in-fact, for the Tenant with full power and authority to execute and deliver in the name of the Tenant such estoppel certificate if Tenant fails to deliver the same within ten (10) days after Tenant's receipt of Landlord's request so to do: provided either (i) an A.I.A. registered architect certifies that the premises have been substantially completed in accordance with the plans and specifications as modified by Landlord and Tenant in writing or (ii) a temporary or permanent certificate of occupancy of the local governmental authority is issued for the premises. Such estoppel certificate as executed by Landlord or Landlord's beneficiary, as the case may be, on behalf of Tenant shall be deemed conclusively fully binding on Tenant for the benefit of such mortgagee or prospective mortgagee, unless, within five (5) days after receipt by Tenant of a copy of the certificate executed by Landlord or Landlord's beneficiary, as the case may be, on behalf of Tenant, Tenant delivers to establish that such mortgagee or prospective mortgagee a contrary certificate setting forth the Building, other improvements, specific items in dispute and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as facts supporting Tenant's claim with supporting documents attached. If Landlord is permitted to complete at a later date, which items shall be specified delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans and specifications; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard: (iii) Tenant's changes in plans; or (iv) delay in the performance or completion of any work by Landlord to Tenant in writing)a party employed by Tenant, the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay.

Appears in 1 contract

Samples: Lease Agreement (Ameriquest Technologies Inc)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases takes from LandlordLandlord certain premises situated within the County of Dallas, the following State of Texas, more particularly described spaceon Exhibit “A”, to wit: approximately 14,100 square feet as shown and outlined on the plan which is attached hereto as Exhibit A and made a part hereof, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the said premises and together with the building and other improvements erected upon said premises (the “Leased Premises”) on said real property and the second floor, located in the building commonly known buildings and improvements thereon being hereinafter referred to as the Kingsway building (the Building”), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Developmentpremises”). The Leased Premises shall be occupied To Have and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD Hold the same for a term of thirty-six (36) months commencing on January the “commencement date”, as hereinafter defined and ending 39 months thereafter, provided, however, that in the event the “commencement date” is a date other than the first day of a calendar month, said term shall extend for said number of months in addition to the remainder of the calendar month following the “commencement date”. The “commencement date” shall be APRIL 1, 20112020. Tenant acknowledges that it has inspected and accepts the premises and specifically the buildings and improvements comprising the same, in their present condition as suitable for the purpose for which the premises are leased; except for (i) latent defects discovered within ninety (90) days following the commencement date, and ending December 31(ii) as otherwise expressly provided in this lease. Subject thereto, 2013 (“Term”) unless terminated or extended pursuant taking of possession by Xxxxxx shall be deemed conclusively to any provision hereofestablish that said buildings and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the repair of the Leased Premisespremises, nor promises to alter, remodel or improve the Leased Premises premises have been made by Landlord, unless such are expressly set forth in this Leaselease. The taking If this lease is executed before the premises become vacant or otherwise available and ready for occupancy, or if any present tenant or occupant of the premises holds over, and Landlord cannot acquire possession by Tenant of the premises prior to said “commencement date”, Landlord shall not be deemed conclusively to establish that the Building, other improvementsbe in default hereunder, and Xxxxxx agrees to accept possession of the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for premises at such items time as Landlord is permitted able to complete at a later datetender the same, which items date shall thenceforth be deemed the “commencement date”, and Landlord hereby waives payment of rent covering any period prior to the tendering of possession to Tenant hereunder. After the commencement date Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. This lease is a commitment of Tenant’s current revenue only. Notwithstanding any provision herein to the contrary, the Board of Trustees of Tenant retains the continuing right to terminate this Lease at the expiration of each budget period during the term of this lease including all renewals and extensions of said term. The effective date of such termination shall be specified by the last day of Tenant’s budget period (currently June 30th) following advance written notice thereof to Landlord. Additionally, Tenant shall provide Landlord reasonable written notice of any change in Tenant’s fiscal year. Upon the effective date of termination, all rights and obligations hereunder shall cease and terminate, except for any liabilities of Tenant or Landlord which accrued prior to lease termination and those that expressly survive expiration or termination of this lease. Xxxxxx’s right to terminate this lease pursuant to this paragraph is personal to Tenant in writing)and may not be assigned to any party.

Appears in 1 contract

Samples: Lease Agreement

Premises and Term. In consideration of Section 1.1. During the obligation of Tenant to pay rent as herein providedTerm, and Landlord, in consideration of the other rents herein reserved and of the terms, provisions, covenants and covenants hereofagreements on the part of Tenant to be kept, Landlord observed and performed, does hereby demises lease and Leases to demise the Premises unto Tenant, and Tenant does hereby accepts hire and Leases take the Premises from Landlord, subject to each and every matter affecting title to the Premises including, without limitation, all of the following described spacewhich are in effect as of the Commencement Date: all easements, rights of way, covenants, conditions and restrictions, liens, encumbrances, encroachments, licenses, notices of pendency, charges, zoning laws, ordinances, regulations, building codes and other governmental laws, rules and orders affecting the Premises, and other exceptions to wit: approximately 14,100 square feet Landlord's title, whether or not the same are of public record. Tenant shall allow Landlord to use during the Term the Landlord's Storage Area for the purpose set forth in ARTICLE A, SECTION 5 above at such time as shown (a) the installation of the Water and outlined on Sewer Lines has been completed such that such lines do not impair the plan attached hereto as Exhibit A ability of Tenant to obtain water and/or sewer service to Tenant's Warehouse Space, and (b) Landlord has substantially completed the “Leased Premises”construction of (i) on the second floor, located Demising Wall and Related Improvements (or Tenant has completed such construction in the building commonly known as event Landlord fails to complete the Kingsway building (same within 60 days after the “Building”Commencement Date), situated and (ii) the Restoration Work as soon as practicable but (1) in no event more than sixty (60) days after the Commencement Date with respect to the Restoration Work not related to the Floor Slab, and (2) with respect to the Restoration Work related to the Floor Slab, in no event more than ten (10) days after the date on which the real property described in Exhibit B attached hereto Floor Slab has been saw-cut (the “Property”) which is part of a development or Tenant has completed such construction in the Park at Xxxxxxxxx Xxxxxevent Landlord fails to complete the same within 60-day or 10-day periods of time, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”as applicable). The Leased Premises shall be occupied parties hereto acknowledge and used exclusively agree that the deadline for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access the satisfaction of Landlord's obligations with respect to conference rooms, training rooms, meeting facilities and other common areas the construction of the Building without charge Demising Wall and upon reasonable notice to Landlord, but only to Related Improvements and the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas completion of the Building. TO HAVE AND TO HOLD Restoration Work is subject to a potential extension in the same for a term of thirty-six (36) months commencing on January 1, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that no representations as to the repair event of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth occurrence of any Force Majeure Delays (as defined in this Lease. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writingSECTION 19.16 below).

Appears in 1 contract

Samples: Lease Agreement (Marketing Specialists Corp)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts takes from Landlord that portion of the building located at 000 X. Xxxxxxxxxx Xxxxx, Xxxxxxx, Xxxxx, AmberPoint, Building 1 (the "Building"), known as Suite 100, containing approximately 210,563 square feet, and Leases from Landlord, the following described space, to wit: approximately 14,100 square feet as shown and outlined on the plan Exhibit A attached hereto as Exhibit A (the “Leased "Premises”) on the second floor, located in the building commonly known as the Kingsway building (the “Building”"), which square footage includes a pro rata share of the Building's electrical and sprinkler room. The Building is situated on the real property land described in Exhibit B attached hereto (the “Property”) which "Land"), and the Land, the Building and all other structures, improvements, fixtures and appurtenances now or hereafter placed, constructed or included on or appurtenant to the Land is part of a development in hereinafter called the "Project". The Project is currently known as AmberPoint Business Park at Xxxxxxxxx XxxxxCoppell, Xxx Xxxxx XxxxxxxBuilding 1, Xxxxxxxx (the “Development”)and is more particularly described on Exhibit C attached hereto. The Leased Premises shall be occupied To have and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD hold the same for a term of thirty-six (36the "Term") months commencing on January 1the date of Substantial Completion of the Tenant Improvements (as defined in Exhibit D), 2011as such date shall be determined pursuant to Exhibit D attached hereto (the "Commencement Date") and ending on March 31, 2010 (the "Termination Date"). Tenant acknowledges that it has inspected the Premises and the Building, and ending December 31subject to Landlord's obligations under Exhibit D attached hereto and any latent defects reported to Landlord within 180 days after the Commencement Date, 2013 (“Term”) unless terminated or extended pursuant accepts the Premises, the Building and common areas in their present condition as suitable for the purpose for which the Premises are leased. Landlord shall cause any latent defects in the Building shell and the Tenant Improvements to any provision hereofbe repaired at no cost to Tenant. Taking of possession of the Premises by Tenant for purposes of conducting business after Substantial Completion shall be deemed conclusively to establish that the Premises, the Building and common areas are in good and satisfactory condition on the date possession was taken, subject to latent defects reported to Landlord within 180 days after the Commencement Date and punchlist items to be completed by Landlord in accordance with Exhibit D. Tenant further acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. The taking Landlord has made no representation or warranty as to the suitability of possession by the Premises for the conduct of Tenant's business and Tenant hereby waives any other implied warranty that the Premises are suitable for Tenant's intended purposes; provided that the foregoing shall not relieve Landlord from any obligations set forth in this Lease. After the Commencement Date Tenant shall, upon demand, execute and deliver to Landlord an Acceptance of Premises Memorandum in the form of Exhibit E attached hereto. Tenant shall have access to and may occupy the Premises commencing approximately sixty (60) days before anticipated Substantial Completion of the Tenant Improvements to perform any Landlord-approved improvements therein, to install furniture, equipment or other personal property of Tenant, and to prepare the Premises for Tenant's business operations; provided that (a) Landlord is given prior written notice of any such entry, (b) such entry shall be coordinated with Landlord and shall not interfere with Landlord's completion of the Tenant Improvements, (c) Tenant shall deliver to Landlord evidence that the insurance required under Paragraph 12(b) of this Lease has been obtained, and (d) Tenant obtains all governmental approvals required for such entry, occupancy or improvements. Landlord agrees to reasonably cooperate with Tenant in connection with Tenant's pursuit of such governmental approvals, provided that Landlord shall not be required to incur any costs or expenses in connection with such cooperation. Any such entry shall be upon all of the terms of this Lease, provided that Tenant shall not be obligated to pay rent during such period. Tenant shall conduct its activities therein so as not to interfere with Landlord's construction activities, and shall do so at its own risk and expense. If, in Landlord's reasonable judgment, Tenant's activities therein interfere with Landlord's construction activities, Landlord may on twenty-four (24) hours notice to Tenant, terminate Tenant's right to enter the Premises before the Commencement Date. Further, provided that (i) such occupancy complies with all applicable laws, (ii) a certificate of occupancy has been issued if the same is required to permit Tenant's lawful occupancy, and (iii) Tenant does not interfere with the progress of the general contractor performing the Landlord Work, Tenant shall be deemed conclusively entitled to establish that occupy temporary offices in the Building, other improvements, and Premises prior to the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing)Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Somera Communications Inc)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases leases from Landlord, all that portion (hereinafter referred to as the following “premises”) of certain real property, buildings and improvements situated within the County of DuPage, State of Illinois, legally described spacein Exhibit “A”, to wit: said premises consisting of approximately 14,100 197,269 square feet being as shown and outlined on the site plan contained in Exhibit “B”, and including any parking areas and truck loading areas on said Exhibit B for the exclusive use of Tenant, said Exhibits being attached hereto as Exhibit A (the “Leased Premises”) on the second floorand incorporated herein by reference, located and all rights, privileges, easements, appurtenances and immunities belonging to or in the building commonly known as the Kingsway building (the “Building”), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only way pertaining to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Buildingpremises. TO HAVE AND TO HOLD the same for a term of thirty-commencing on October 1, 2014 or thirty (30) days from the date this lease is executed and ending July 31, 2023 one hundred six (36106) months commencing on January 1thereafter, 2011, and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that it has done an inspection of the premises and accepts such premises, and specifically the buildings and improvements comprising the same, in their present condition, as suitable for the purposes for which the premises are leased except for Landlord improvements and obligations specified herein and punch list items and known defects provided to Landlord within thirty (30) days of the commencement date, which Landlord shall cause to be repaired within thirty (30) days of receipt of the punch list from Tenant. Landlord represents that upon delivery of the premises to Tenant the building including sidewalks, parking areas, driveways, the foundation, roof, exterior walls, and items specifically listed on Exhibit D (pages 1through 3) attached hereto and made a part hereof , will be ready for Tenant’s use and in good working condition. Taking of possession by Tenant shall be deemed to establish that to the best of Tenant’s knowledge and belief said buildings and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the repair of the Leased Premisespremises, nor promises to alter, remodel or improve the Leased Premises premises have been made by Landlord, unless such are expressly set forth in this Leaselease and attachments thereto. The taking After the commencement date, Tenant shall, upon demand, execute and deliver to Landlord a letter of possession by Tenant acceptance of delivery of the premises (Exhibit “E” attached hereto and made a part hereof). Landlord shall be deemed conclusively deliver the premises(in compliance with all laws) including but not limited to establish that compliance with Title III of the BuildingAmericans With Disabilities Act of 1990, other improvementsstate laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such law based upon its existing condition. In no way shall Tenant’s acceptance of the Leased Premises are in good and satisfactory condition premises limit Landlord’s liability for hazardous substances or for any latent defects existing in, on or at the premises as of when possession was so taken (except for such items as Landlord is permitted to complete at a later the commencement date, which items shall be specified by Landlord to Tenant in writing).

Appears in 1 contract

Samples: Lease Agreement (Power Solutions International, Inc.)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases leases from LandlordLandlord certain premises situated within the County of Xxxxxx, the following State of Texas, more particularly described space, to wit: approximately 14,100 square feet as shown and outlined on the plan an Exhibit "A" attached hereto as Exhibit A and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the premises and together with the buildings and other improvements situated upon said premises (the “Leased Premises”) on the second floorsaid real property, located in the building commonly known buildings and improvements hereinafter referred to as the Kingsway building (the “Building”"premises"), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January November 1, 20111989 and ending 55 months thereafter. Tenant acknowledges that it has inspected and accepts the premises, and ending December 31specifically the buildings and improvements comprising the same, 2013 (“Term”) unless terminated or extended pursuant in their present condition as suitable for the purpose for which the premises are leased. Taking of possession by Tenant shall be deemed conclusively to any provision hereofestablish that said buildings and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the repair of the Leased Premises, premises nor promises premises to alter, remodel or improve the Leased Premises premises have been made by Landlord, unless such are expressly set forth in this Leaselease. The taking If this lease is executed before the premises become vacant or otherwise available and ready for occupancy, or if any present tenant or occupant of the premises holds over, and Landlord cannot acquire possession by Tenant of the premises prior to the date above recited as the commencement date of this lease, Landlord shall not be deemed conclusively to establish that the Building, other improvementsbe in default hereunder, and Tenant agrees to accept possession of the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for premises at such items time as Landlord is permitted able to complete at a later datetender the same, which items date shall thenceforth be specified by deemed the "commencement date"; and Landlord hereby waives payment of rent covering any period prior to the tendering of possession to Tenant in writing)hereunder. After the commencement date Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises.

Appears in 1 contract

Samples: Lease Agreement (Luminex Corp)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereof, Landlord hereby demises and Leases to Tenant, leases unto Tenant and Tenant hereby accepts and Leases leases from Landlord, subject to the following described spaceterms of this Lease, to wit: approximately 14,100 12,500 square feet as shown and outlined on the plan attached hereto as Exhibit A of space (the “Leased "Premises") on the second floor, located in the building commonly known as the Kingsway building Building 4125 SOUTHERLAND ROAD (the "Building") of HOUSTON, TEXAS 77092 (the "Xxxxxxx"), situated on the real property described xxxxxxxxxed upon that tract of xxxx (xxx "Xxxx") xescribed more particularly in Exhibit B attached hereto (the “Property”) which is part of a development "A" annexed hereto, such Premises being outlined in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. red on Exhibit A. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January OCTOBER 1, 20111994 and ending SEPTEMBER 30, 1997 months thereafter. Tenant acknowledges that it has inspected and accepts the premises, and ending December 31specifically the buildings and improvements comprising the same, 2013 (“Term”) unless terminated or extended pursuant in their present condition as suitable for the purpose for which the premises are leased. Taking of possession by Tenant shall be deemed conclusively to any provision hereofestablish that said buildings and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the repair of the Leased Premisespremises, nor promises to alter, remodel or improve the Leased Premises premises have been made by Landlord, unless such are expressly set forth in this Leaselease. The taking If this lease is executed before the premises become vacant or otherwise available and ready for occupancy, or if any present tenant or occupant of the premises holds over, and Landlord cannot acquire possession by Tenant of the premises prior to the date above recited as the commencement date of this lease, Landlord shall not be deemed conclusively to establish that the Building, other improvementsbe in default hereunder, and Tenant agrees to accept possession of the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for premises at such items time as Landlord is permitted able to complete at a later datetender the same, which items data shall thenceforth be specified by deemed the "commencement date"; and Landlord hereby waives payment of rent covering any period prior to the tendering of possession to Tenant in writing)hereunder. After the commencement date Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises.

Appears in 1 contract

Samples: Lease Agreement (Comfort Systems Usa Inc)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereof, Landlord hereby demises leases and Leases by these presents does lease and demise to Tenant, and Tenant hereby accepts does lease and Leases take from Landlord, the following premises described on Exhibit “B” attached hereto, consisting of approximately 18,100 square feet of rentable space, to wit: approximately 14,100 square feet as shown and outlined on the plan attached hereto as Exhibit A (located at 2441 So. 0000 Xxxx, Xxxxx # X-000, Xxxx Xxxxxx Xxxx, Xxxx 00000, the “Leased Demised Premises”) on the second floor, located situated in the building commonly known as the Kingsway building (the “Building”), situated erected on the real property described on Exhibit “A” attached hereto, together with all the easements, rights, privileges and appurtenances thereunto belonging or in Exhibit B attached hereto (any way appertaining to the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purposeDemised Premises. Tenant shall have shared access may expand the Demised Premises to conference rooms, training rooms, meeting facilities the north and other common areas of south within the Building without charge to accommodate Tenant’s future growth upon availability of such area and upon reasonable advance written notice to Landlord. In such case, but only the then-current rental rate shall apply to any expanded Demised Premises and the extent same shall be governed by the terms and conditions contained herein. Landlord owns and Tenant agree to cooperate in the conference rooms, training rooms, meeting facilities and/or other common areas preparation of an amendment to this Lease (in form and substance reasonably acceptable to Landlord and Tenant) to memorialize any such permitted expansion of the BuildingDemised Premises by Tenant. TO HAVE AND TO HOLD the same said Demised Premises, together with all and singular the improvements, appurtenances, rights, privileges and easements thereunto belonging to or in anywise appertaining, unto Tenant for a term commencing as of thirty-six (36) months commencing on January 1, 2011the date set forth herein under Article 3, and ending December 31, 2013 continuing thereafter to and including the date Five (“Term”5) unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that no representations as to years from the repair first day of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless first month immediately following such are expressly set forth in this Lease. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later commencement date, which items shall be specified by subject, however, to extension and renewal as hereafter provided. When the date of commencement of the term has been determined, Landlord and Tenant may enter into an agreement in recordable form and in form and substance reasonably acceptable to Tenant in writing)and Landlord setting forth such date at the request of either Landlord or Tenant.

Appears in 1 contract

Samples: Lease Agreement (Great Basin Scientific, Inc.)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereof, Section 1.1. Landlord hereby demises and Leases leases to Tenant, Tenant and Tenant hereby accepts and Leases leases from Landlord, Landlord the following described space, to wit: demised premises consisting of approximately 14,100 14,551 rentable square feet as shown and outlined (including Tenant's prorata share of building common areas) located on the plan attached hereto first floor of the approximately 64,491 square foot building located at 000 Xxxxxxxxxxxx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx (as Exhibit A (the “Leased Premises”) on the second floor, located in the building commonly known as the Kingsway building (the “Building”), situated on the real property described in Exhibit B "A" and located substantially as shown on Exhibit "B" attached hereto hereto), upon and subject to the terms and provisions of this Lease for a demised term of approximately Forty Two (42) calendar months (plus any partial period prior to the commencement of the first full calendar month), commencing one (1) day after substantial completion of the Tenant Improvements described in Article 3, as certified by Landlord and Landlord's Contractor, with all approvals and permits from the appropriate governmental authorities required for the legal occupancy of the demised premises based on the substantial completion of the Tenant Improvements having been obtained (the “Property”"Commencement Date"), and ending on the last day of the Forty Second (42nd) which is part calendar month (exclusive of a development such partial period, if any) after such commencement. Landlord shall use commercially reasonable efforts to deliver the demised premises to Tenant with the Tenant Improvements substantially completed on or before November 30, 2003. Subject to the following conditions, in the Park at Xxxxxxxxx Xxxxxevent Landlord has not commenced construction of the Tenant Improvements in the demised premises on or before November 1, Xxx Xxxxx Xxxxxxx, Xxxxxxxx 2003 (the “Development”"Anticipated TI Commencement Date"). The Leased Premises , or has not substantially completed the construction of the Tenant Improvements in the demised premises on or before December 15, 2003 (the "Anticipated TI Completion Date"), then Tenant shall have, as its sole and exclusive remedy (unless Landlord has not used its commercially reasonable efforts as required above), the one (1) time right to terminate this Lease upon written notice given to Landlord within three (3) days after the Anticipated TI Commencement Date or Anticipated TI Completion Date, as the case may be; provided that (i) Tenant shall submit Tenant's final Plans to Landlord for Landlord's approval on or before August 26, 2003; and shall make any needed corrections thereto such that Landlord can submit the Plans for permits on or before August 27, 2003, (ii) once Landlord has approved Tenant's final Plans and has submitted such Plans to the appropriate governmental agencies for permits, Tenant and Tenant's Architect shall diligently pursue all such required approvals including immediately responding to requests and/or making modifications to the Plans as required by the appropriate governmental agencies (and including bearing the cost of an outside plan checker subject to the allowance); and if Tenant does not submit Tenant's final Plans to Landlord for Landlord's approval on or before August 26, 2003, or make any needed corrections such that Landlord can submit the Plans for permits on or before August 27, 2003, or if Tenant (or Tenant's Architect) does not diligently pursue all the required approvals, then the Anticipated TI Commencement and Completion Dates shall be occupied and used exclusively extended on a day for general office purposes and for legal purposes incidental thereto and day basis by the number of days of delay caused by Tenant's failure to timely perform such obligations; (iii) Tenant's final Plans as submitted to the appropriate governmental agencies shall not require a use permit and, if a use permit is required, Tenant shall modify the Plans within five (5) days of notice that such a use permit is required to eliminate the need for the same; and (iv) if Tenant requests extra work and/or a change order, or if Tenant accesses the demised premises to install fixtures and equipment therein as described below, which results in a delay in substantially completing the Tenant Improvements, then the Anticipated TI Completion Date shall be used extended on a day for day basis by the number of days of any other purposesuch delay. Tenant shall have shared the right to access the demised premises for the purposes of installing Tenant's fixtures and equipment during the two (2) weeks prior to conference rooms, training rooms, meeting facilities the Commencement Date. From and other common areas after the date Tenant first accesses any portion of the Building without charge and upon reasonable notice demised premises, all of the provisions of this Lease (other than the obligation to Landlordpay rent) shall be applicable notwithstanding that the demised term has not yet commenced. Specifically, but only without limitation, Tenant's and Landlord's obligations with respect to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas insurance and indemnities shall be operable as of the Building. TO HAVE AND TO HOLD date Tenant accesses any portion of the same for a term of thirty-six (36) months commencing on January 1, 2011demised premises, and ending December 31, 2013 (“Term”) unless terminated or extended Tenant shall provide certificates of insurance for the insurance required of Tenant pursuant to Articles 9 and 10 of this Lease prior to accessing any provision hereofportion of the demised premises. Tenant acknowledges that no representations as to the repair shall indemnify Landlord and all occupants of the Leased Premises, nor promises to alter, remodel building of which the demised premises (the "building") is a part against any and all claims arising out of Tenant's access and/or work or improve other activity in the Leased Premises have been made demised premises. Tenant agrees that such access and installation of fixtures and equipment will not interfere with or delay Landlord's completion of the Tenant Improvements and that any such delay caused by Landlord, unless such are expressly set forth in this Lease. The taking access or installation shall not delay the commencement of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and demised term or the Leased Premises are in good and satisfactory condition as payment of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing)rent hereunder.

Appears in 1 contract

Samples: Xtent Inc

Premises and Term. In consideration Subject to the terms of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, and covenants hereofthis Lease, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases leases from Landlord, that certain parcel of real property (the following "Property") located in the City of Lewisville, County of Xxxxxx, State of Texas, the same being more particularly described spaceby metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes, to wit: approximately 14,100 square feet and as shown and outlined on the plan Exhibit "B" attached hereto as Exhibit A and made a part hereof for all purposes, including all improvements now or hereafter to be constructed thereon (the “Leased Premises”same, as modified in accordance with Article 11 below is herein called the "Building") on and all fixtures and accessory improvements now or hereafter thereon, including all roadway, parking areas and landscaped areas now or hereafter located thereon (collectively such Building, fixtures and improvements are hereinafter referred to either individually or collectively as the second floor"Improvements"), and all mechanical systems, fixtures and equipment (including, but not limited to, compressors, engines, elevators and escalators), electrical systems, fixtures and equipment; heating fixtures, systems and equipment, air conditioning fixtures, systems and equipment; plumbing fixtures, systems and equipment, all furniture, carpets, drapes and other furnishings; refrigerators, stoves and other appliances, maintenance equipment and tools; and all other machinery, equipment, fixtures and personal property of every kind and character, and all accessories and additions thereto, located in or on or in the building commonly known area of the Property and/or the Improvements, or used in connection with the Property or the Improvements or the operations thereon (collectively, and as applicable, the "Personalty") (the Improvements, the Personalty and the Property, together with all easements, rights, privileges and amenities otherwise appurtenant to such property are hereinafter referred to collectively as the Kingsway building (the “Building”"Premises"), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of lease the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same Premises for a term of thirty-six (36) months commencing on January 1, 2011, the Commencement Date (as defined below) and ending December 31, 2013 (“Term”) unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that no representations as to expiring on the repair last day of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken thirtieth (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing).30th) full calendar month following

Appears in 1 contract

Samples: Lease Agreement (Ultrak Inc)

Premises and Term. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases leases to Tenant, and Tenant hereby accepts and Leases takes from LandlordLandlord certain premises situated within the County of Gloucester, the following State of New Jersey, more particularly described space, to wit: approximately 14,100 square feet as shown and outlined on the plan EXHIBIT "A" attached hereto as Exhibit A and incorporated herein by reference, together with all rights, privileges, easements, appurtenances, and immunities belonging to or in any way pertaining to the premises and together with the buildings and other improvements situated or to be situated upon said premises (the “Leased Premises”) on the second floorsaid real property, located in the building commonly known and improvements being hereinafter referred to as the Kingsway building (the “Building”"premises"), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1the "commencement date", 2011as hereinafter defined, and ending December 31sixty (60) months thereafter, 2013 provided, however, that, in the event the "commencement date", is a date other than the first day of a calendar month, said term shall extend for said number of months in addition to the remainder of the calendar month following the "commencement date". The "commencement date" shall be thirty (“Term”30) unless terminated days after the date upon which the building and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the PLANS AND SPECIFICATIONS and Landlord has procured a Certificate of Occupancy for the Premises, whether Temporary or extended pursuant Permanent, authorizing occupancy of the Premises for all of the uses contemplated by this Lease. Landlord shall not, however, have any responsibility for obtaining a Certificate of Occupancy for any improvements installed or to any provision be installed in the Premises by Tenant. The Plans and Specifications for improvement of the Premises (sometimes hereinafter referred to as the "Plans and Specifications") shall be prepared by Landlord and approved by Tenant as provided in Paragraph 31 hereof. Landlord shall notify Tenant in writing at least three (3) days prior to the date Landlord expects said building and other improvements to be completed and ready for occupancy as aforesaid. Taking of possession by Tenant shall be deemed conclusive to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken, subject to Landlord's completion of punchlist items as provided in Paragraph 31 hereof. Tenant acknowledges that no representations as to the repair condition of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises premises have been made by Landlord, unless such are expressly set forth in this Leaselease. The taking After such "commencement date" Landlord and Tenant shall execute and deliver a letter agreement confirming the completion of possession the premises and the commencement date of this lease. In the event of any dispute as to substantial completion of work performed or required to be performed by Landlord, the certificate of Landlord's architect shall be conclusive. Landlord shall use good faith efforts to cause construction of the Premises to proceed expeditiously in accordance with Paragraph 31 hereof. For purposes of determining the date of substantial completion for any portion of the Premises, there shall not be considered the duration of delay (as determined by Landlord's architect) which is caused by: (i) changes in Landlord's work which have been requested by Tenant after the approval by Landlord and Tenant of the Tenant Plans; (ii) force majeure delays including but not limited to delays caused by labor disputes, fire or other casualty, or availability of materials through regular sources of supply; (iii) any failure by Tenant, without regard to any grace period that may be applicable thereto, to furnish any required plan, information, approval or consent (including without limitation the Tenant Plans) within the required period of time, or to fully and completely cooperate with Landlord in the preparation of the Tenant Plans; or (iv) the performance of any work or activity in the Premises by Tenant or any of its employees, agents or contractors, including without limitation the installation of racking or trade fixtures. Delays in the completion of construction due to any of the foregoing are referred to herein as "Permitted Delays." "Landlord and Tenant do further agree that all obligations and privileges, covenants and conditions contained in and under this lease agreement shall be deemed conclusively in full force and effect to establish the extent that same shall apply whether the subject premise is ever occupied by Tenant or not. And, in the event that Tenant fails to occupy the subject premise for any reason after the same is substantially completed in accordance with the Plans and Specifications aforestated, or in the event that Tenant, whether constructively or actually prevents Landlord from constructing the improvements contemplated herein and by the said Plans and Specifications, Tenant does further agree that the BuildingLease will commence, other improvementsin all things, and on the Leased Premises are in good and satisfactory condition "commencement date" as of when possession was so taken (except for such items as defined hereinabove or on the date the improvements would reasonably have been completed if Tenant had not prevented Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing)from constructing the same."

Appears in 1 contract

Samples: Lease Agreement (Compucom Systems Inc)

Premises and Term. In consideration of the obligation of Tenant to pay said rent as herein provided, and in consideration of the other terms, provisions, provisions and covenants hereof, Landlord hereby demises and Leases to Tenant, and Tenant hereby accepts and Leases from LandlordLandlord certain Premises situated within the County of Shelby, the following State of Tennessee, located on real property known as 0000 Xxxxxxx Xxxx Xxxx, Xxxxxxx, Xxxxxxxxx 00000, said leased space being more particularly described spaceon floorplan attached hereto on Exhibit "A" and incorporated herein by reference, to wit: and consisting of approximately 14,100 75,000 (but not less than 70,000) square feet of industrial space suitable for Tenant's proposed usage, together with continuous driveway access to public roads, walkways, hallways, sidewalks, parking as shown and outlined on the site plan attached hereto as Exhibit A (the “Leased Premises”) on the second floor, located in "F" and incorporated herein by reference for Tenant's proposed usage and all common areas adjacent to or serving said leased space or the building commonly known in which said leased space is located and all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to said premises and together with any other improvements serving said premises (said leased space, said common areas and the above-referenced improvements hereinafter referred to as the Kingsway building (the “Building”), situated on the real property described in Exhibit B attached hereto (the “Property”) which is part of a development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”"Premises"). The Leased Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, training rooms, meeting facilities and other common areas of are located on real estate legally described on Exhibit "A" (the Building without charge and upon reasonable notice to Landlord, but only to the extent Landlord owns the conference rooms, training rooms, meeting facilities and/or other common areas of the Building"Real Estate"). TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing on January 1the earlier of: (i) December, 20111 1996; or (ii) the date Tenant occupies the Premises for Tenant's use herein, ("Commencement Date") and ending December 31November, 2013 30, 2006 (“Term”) unless terminated or extended pursuant "Termination Date"). Taking of possession by Tenant shall be deemed conclusively to any provision hereofestablish that said buildings and other improvements are in good and satisfactory condition as of and when possession was taken. Tenant further acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. The taking of possession by Tenant For the purposes hereof a lease year shall be deemed conclusively to establish that the Building, other improvements, a calendar year concluding December 31 and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items partial lease year shall be specified by Landlord to Tenant in writing)from the Commencement Date until December 31 or January 1 until the Termination Date.

Appears in 1 contract

Samples: Lease Agreement (Bway Corp)

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