Common use of Premises and Term Clause in Contracts

Premises and Term. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, 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 run 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 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 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 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.

Appears in 2 contracts

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

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Premises and Term. The Landlord, in In consideration of the rents herein reserved mutual obligations of Landlord and of the agreements and conditions herein containedTenant set forth herein, on the part of the Tenant Landlord leases to be kept and performedTenant, leases unto the Tenant and Tenant hereby rents 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, according commonly known as 0000 Xxxxxxx Xxxxx, Wood Dale, Illinois, and consisting of approximately 89,835 square feet (the “Premises”), contained within a single tenant building (the “Building”), to have and to hold, subject to the terms terms, covenants and provisions hereinconditions in this Lease. The term of this Lease shall commence on the “Commencement Date” hereinafter set forth and shall end on September 30, 2008. The Commencement Date shall be September 1, 2006. Tenant acknowledges that (i) it has inspected and accepts the following described real estatePremises in its as-is, situated 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 Dubuque Countygood and satisfactory condition, Iowaand (iv) no representations as to the repair of the Premises, nor promises to wit: The patio area alter, remodel or improve the Premises have been made by Landlord (Parcel Bunless otherwise expressly set 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, using good faith efforts, 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 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) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premisesmonths of free rent), legally described as a part of Lot 6 of Ice Harbor Development, according to except that if the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to Commencement Date is other than the first day of the lease term, which a calendar month such term also shall be on extended for the 1st day of June, 2005, and ending at midnight on the last day remainder of the lease term, calendar month in 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 run 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 agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreementpossession is tendered. Landlord hereby grants waives payment of rent covering any period prior to Tenantsuch tendering of possession. Notwithstanding the foregoing, its management employees and patrons during in the term of this Agreement the non-exclusive privilege event Landlord fails to park in Parking Lots 1 and 2 shown on Exhibit A at no 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 provide possession to Tenant permissionon or before October 1, subject 2006, Tenant shall have the option to such other permission as may be required by any other governmental entityterminate this Lease without further liability. After the Commencement Date, Tenant shall, upon demand, execute and deliver to construct Landlord a two-story (not to exceed the height letter of acceptance of delivery of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than Premises. Notwithstanding 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. foregoing, 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 bargeprofessionally inspect, repair and/or replace, as needed, all HVAC units, the area upon which such barge is located shall become a part plumbing system, the electrical system (including all lights and ballasts), the dock doors and levelers to insure that same are in good working order as of the Leased PremisesCommencement Date.

Appears in 2 contracts

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

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions, and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedLeases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents accepts and leases Leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Dubuque County, Iowaspace, to wit: The patio area (Parcel B) 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 (but specifically excluding the hydraulic lift located on Lot B“Property”) and by this reference made which is part of a part hereof development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises)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, legally described as a part training rooms, meeting facilities and other common areas of Lot 6 of Ice Harbor Developmentthe Building without charge and upon reasonable notice to Landlord, according but only to the recorded plat thereofextent Landlord owns the conference rooms, with training rooms, meeting facilities and/or other common areas of the improvements thereon and all rights, easements and appurtenances thereto belonging, Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing at midnight of the day previous to the first day of the lease termon January 1, which shall be on the 1st day of June, 20052011, and ending at midnight on the last day of the lease termDecember 31, 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, 2013 (“Term”) unless terminated or extended pursuant to run 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 Landlordany provision hereof. Tenant agrees acknowledges that its rights under no representations as to 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 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 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 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.)

Premises and Term. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant Section 1.1. Landlord hereby leases to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from LandlordLandlord the demised premises consisting of the building located at 000 Xxxxxxxxxxxx Xxxxx xx Xxxxx Xxxx, according Xxxxxxxxxx, as described in Exhibit “A” and located substantially as shown on Exhibit “B” attached hereto, upon and subject to the terms and provisions herein, of this Lease for a demised term of seventy-four (74) months (plus any partial period prior to the following 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 real estate, situated in Dubuque County, Iowa, to wit: Section 3.2 promptly thereafter. The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) demised term and by this reference made a part hereof commencement of rent shall occur (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which shall be “Commencement Date”) on the 1st day earlier of June(i) February 1, 20052016, or (ii) the date Tenant’s Work has been substantially completed and Tenant’s business operations within the demised premises commence, and ending at midnight the demised term shall end on the last day of the lease termseventy-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, which Tenant shall be on have the 31st day right to access the demised premises for the purposes of December, 2018, upon the condition that performing the Tenant pays rent thereforeImprovements described in Section 3.2 and installing Tenant’s fixtures and equipment prior to the commencement of the demised term hereof, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run 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 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 additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees provided that Tenant will require that all of its employees shall park only does not unreasonably interfere with or delay Landlord’s work in parking lots owned by Tenant the building 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 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 Harbordemised premises. Landlord agrees to cooperate use reasonable efforts to not unreasonably interfere with and support or delay Tenant’s application to other governmental entities for Work in the demised premises. From and after the date Tenant first accesses 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 portion of the Leased Premisesdemised premises, all of the provisions of this Lease shall be 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 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 the insurance required of Tenant pursuant to Articles 9 and 10 of this Lease prior to accessing any portion thereof. Tenant shall not pay rent during such early access period; however, notwithstanding any other provision of this Lease to the contrary, Tenant shall pay for all utilities used by Tenant in the demised premises from and after the date Tenant first accesses any portion of the demised premises and throughout the entire demised term. Tenant shall indemnify Landlord against any and all claims arising out of Tenant’s access therein and/or construction work or other activity in the demised premises or building.

Appears in 2 contracts

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

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents accepts and leases from LandlordLandlord certain premises situated within the County of Xxxxxx, according to the terms and provisions hereinState of Texas, the following more particularly described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on an Exhibit A "A" attached hereto (but specifically excluding the hydraulic lift located on Lot B) and incorporated herein by this reference made a part hereof (the Leased Premises)reference, legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, together with the improvements thereon and all rights, easements privileges, easements, appurtenances and appurtenances thereto belongingimmunities belonging to or in any way pertaining to the premises and together with the buildings and other improvements situated upon said premises (said real property, buildings and improvements hereinafter referred to as the "premises"). TO HAVE AND TO HOLD the same for a term commencing at midnight on November 1, 1989 and ending 55 months thereafter. 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. 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 day previous premises nor premises to alter, remodel or improve the premises have been made by Landlord, unless such are expressly set 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 first day 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 lease termpremises at such time as Landlord is able to tender the same, which date shall thenceforth be on deemed the 1st day "commencement date"; and Landlord hereby waives payment of Junerent covering any period prior to the tendering of possession to Tenant hereunder. After the commencement date Tenant shall, 2005upon demand, execute and ending at midnight on the last day deliver to Landlord a letter of acceptance of delivery of the lease term, 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 run 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 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 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 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 Premisespremises.

Appears in 1 contract

Samples: Lease Agreement (Luminex Corp)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents 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, according to and as follows: Approximately 23,600 square feet of office/warehouse space located in building "A" containing approximately 138,800 square feet and situated on a tract of land out of the terms and provisions hereinXxxx Xxxxxxx Survey, the following described real estateAbstract 269, situated in Dubuque Houston, Xxxxxx County, IowaTexas, to wit: The patio area (Parcel B) as shown and being more particularly described on Exhibit A "A" attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises)hereof. The address of this facility is 0000 Xxxx Xxxxx Xxxx, legally described as a part of Lot 6 of Ice Harbor DevelopmentXxxxx 000, according to the recorded plat thereofXxxxxxx, Xxxxx 00000. together with the improvements thereon and all rights, easements privileges, easements, appurtenances and appurtenances thereto belongingimmunities belonging to or in any way pertaining to the premises and together with the building and other improvements situated or to be situated upon said premises (said real property, building and improvements being hereinafter referred to as the "Premises"). TO HAVE AND TO HOLD the same for a term commencing at midnight of on the day previous to "commencement date" as March 1 1997, and ending eighteen (18) 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 lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day remainder of the lease termcalendar month following the "commencement date". Tenant acknowledges that no representations as to the repair of the Premises have been made by Landlord, which shall be on the 31st day of December, 2018unless such are expressly set forth in this lease. After such "commencement date" Tenant shall, upon the condition that the Tenant pays rent thereforedemand, execute and otherwise performs as in this Lease Agreement provides. The deliver to Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run 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 agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution letter of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons during the term acceptance of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no 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 height delivery 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 bargePremises. In the event Tenant constructs such bargeof any dispute as to substantial completion or work performed or required to be performed by Landlord, the area upon which such barge is located certificate of Landlord's architect or general contractor shall become a part of the Leased Premisesbe conclusive.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Supply Co)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay Rent as provided in this Lease, and in consideration of the rents herein reserved other terms, provisions, and covenants of the agreements this Lease, Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents takes from Landlord certain premises described and leases from Landlord, according to delineated on the terms and provisions herein, the following described real estate, situated demising plan contained in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto and incorporated herein by this reference, situated within a building (but specifically excluding the hydraulic lift "Building") located on Lot B) and by this reference made a part hereof certain real property (the Leased Premises), legally "Land") within the above-named County and State and more particularly described as a part follows: Approximately 16,111 square feet of Lot 6 of Ice Harbor Developmentspace located at 0000 Xxxxxxxx Xxxxxxxxx, according Suites 105, 106, 107, 108, and 109, Xxxxxx, Xxxxxx County, Texas, together with the other improvements erected upon said premises (the said premises and the improvements located therein being herein referred to as the "Premises"). To Have and to Hold the Premises, subject to the recorded plat thereof, with the improvements thereon other terms and all rights, easements and appurtenances thereto belongingprovisions of this Lease, for a term (the "Term") commencing at midnight on FEBRUARY 15, 2004 (the "Commencement Date") and ending THIRTY-SIX (36) months thereafter. 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 day previous Premises holds over and Landlord cannot acquire possession of the Premises prior to the first day originally scheduled commencement date, Landlord shall not be deemed to be in default, and Tenant agrees to accept possession of the lease termPremises 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, which 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. If Tenant occupies the Premises before the Commencement Date, Tenant's occupancy of the Premises will be subject to all of the provisions of this Lease. By taking possession of the Premises, Tenant shall be on deemed to have acknowledged that it has inspected the 1st day of June, 2005, Premises and ending at midnight on accepts the last day 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 lease termPremises, which shall be on nor promises to alter, remodel, or improve the 31st day of DecemberPremises, 2018have been made by Landlord, upon the condition that the Tenant pays rent therefore, and otherwise performs as except for those expressly set forth in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run 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 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 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 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 PremisesLease.

Appears in 1 contract

Samples: Lease Agreement (Nano Proprietary Inc)

Premises and Term. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases ,. teases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Dubuque County, Iowa, to wit: ' The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, . 2005, and ending at midnight on the last day of the lease term, ; 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 a. non-exclusive, perpetual Public Access Easement, to run 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 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 in' Parking Lots 1 and 2 shown on Exhibit A at no 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 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 's current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant’s 's application to other governmental entities 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.

Appears in 1 contract

Samples: Lease Agreement (Peninsula Gaming, LLC)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases takes from LandlordLandlord certain premises situated within the County of Gloucester, according to the terms and provisions hereinState of New Jersey, the following more particularly described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A EXHIBIT "A" attached hereto (but specifically excluding the hydraulic lift located on Lot B) and incorporated herein by this reference made a part hereof (the Leased Premises)reference, legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, together with the improvements thereon and all rights, easements privileges, easements, appurtenances, and appurtenances thereto belongingimmunities 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 (said real property, building and improvements being hereinafter referred to as the "premises"). TO HAVE AND TO HOLD the same for a term commencing at midnight of on the day previous to "commencement date", as hereinafter defined, and ending sixty (60) 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 lease term, which remainder of the calendar month following the "commencement date". The "commencement date" shall be on thirty (30) days after the 1st day 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 JuneOccupancy for the Premises, 2005whether Temporary or Permanent, and ending at midnight on the last day authorizing occupancy of the lease termPremises for all of the uses contemplated by this Lease. Landlord shall not, which however, have any responsibility for obtaining a Certificate of Occupancy for any improvements installed or to 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 on 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 31st day date Landlord expects said building and other improvements to be completed and ready for occupancy as aforesaid. Taking of December, 2018, upon possession by Tenant shall be deemed conclusive to establish that said buildings and other improvements have been completed in accordance with the condition plans and specifications and that the Tenant pays rent therefore, premises are in good and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the landsatisfactory condition, 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 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 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 permissionwhen possession was so taken, subject to such other permission Landlord's completion of punchlist items as may be required by any other governmental entity, provided in Paragraph 31 hereof. Tenant acknowledges that no representations as to construct a two-story (not to exceed the height condition of the existing portside facility) barge (as defined premises have been made by Iowa Code Chapter 99F (2005)) to extend not more than Landlord, unless such are expressly set forth in this lease. After such "commencement date" Landlord and Tenant shall execute and deliver a letter agreement confirming the maximum permitted by completion of the United States Coast Guard and/or premises and the United States Army Corps commencement date 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 bargethis lease. In the event Tenant constructs such bargeof any dispute as to substantial completion of work performed or required to be performed by Landlord, the area upon which such barge is located certificate of Landlord's architect shall become a part be conclusive. Landlord shall use good faith efforts to cause construction of the Leased 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 in full force and effect to 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 Lease will commence, in all things, on the "commencement date" as defined hereinabove or on the date the improvements would reasonably have been completed if Tenant had not prevented Landlord from constructing the same."

Appears in 1 contract

Samples: Lease Agreement (Compucom Systems Inc)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedLeases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents accepts and leases Leases from LandlordLandlord certain Premises situated within the County of Shelby, according to the terms State of Tennessee, consisting of: Approximately 120,000 square feet of industrial space, together with adjoining ramps, loading docks and provisions herein, the following described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, 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 run with the landparking areas, as shown on Exhibit A” attached hereto and incorporated herein by reference (herein referred to as the “Premises” or the “Leased Premises”). The Premises are located in a Building known as 0000 Xxxxxxx Xxxx Xxxx, Xxxxxxx, Xxxxxx Xxxxxx, Xxxxxxxxx (such building is herein referred to as the “Building;” the Building and surrounding grounds, including surrounding grounds for itself a property known as 0000 Xxxxxxx Xxxx Road, are herein referred to collectively as “Xxxxxx Xxxx XX”). Subject to certain restrictions set forth below, the rights granted to Tenant hereunder include the exclusive right to park vehicles (including trucks 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 trailers) within the Landlord. Tenant agrees that its rights under property comprising 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 “Premises”; the non-exclusive privilege right (in common with Landlord, the other tenants of the Building and their respective permittees) to park in Parking Lots 1 the “non-exclusive parking and 2 shown access areas” identified on Exhibit A at no additional charge “A” hereto in connection with Tenant’s usage of the Premises; the non-exclusive right (in common with Landlord, the other than tenants of the rent hereinBuilding and their respective permittees) to Tenantcontinuous driveway access through such “non-exclusive parking and access areas” to public roads adjacent to Xxxxxx Xxxx XX; and the non-exclusive right (in common with Landlord, its management employees the other tenants of the Building and their respective permittees) to use the walkways, hallways, sidewalks and all other common areas adjacent to or patrons. Tenant agrees that Tenant will require that serving the Premises or the Building, together with all of its employees shall park only in parking lots owned by Tenant rights, privileges, easements, and appurtenances belonging to or in any way pertaining to any of the foregoing rights. Notwithstanding anything herein to the contrary, Tenant shall not permit vehicles to be parked in such a citymanner that will interfere with the free flow of traffic through any of the “non-owned exclusive parking garageand 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. Landlord hereby grants to Tenant permissionTO HAVE AND TO HOLD the same for a term of 60 months (the “Term”) commencing on December 1, 2006 (“Commencement Date”) and, subject to such other permission as may be required by any other governmental entityTenant’s renewal option set forth in Section 28 hereof, to construct a two-story ending November 30, 2011 (not to exceed the height “Termination Date”). Tenant is currently in possession of the existing portside facility) barge Premises pursuant to the Existing Lease Agreements (as defined by Iowa Code Chapter 99F (2005in Section 27 hereof)) to extend not more than . Tenant acknowledges that the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but Premises are in no event more than 150 feet from Tenant’s current dock facility into the Ice Harbor. Landlord agrees to cooperate with good 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 satisfactory condition as of the Leased date hereof. Tenant 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 set forth in this Lease. For the purposes hereof a “lease year” shall be a calendar year concluding December 31 and a partial lease year shall be (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. The Landlord, Landlord for and in consideration of the rents herein reserved and hereinafter reserved, of the covenants, agreements and conditions herein containedhereinafter set forth, to be kept or performed on the part of the Tenant Tenant, hereby leases to be kept and performedTenant, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to Landlord the terms and provisions herein, the following premises described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto and incorporated herein by reference (but specifically excluding the hydraulic lift "Premises"), the two-story atrium building (the "Building") containing approximately One Hundred Thousand (100,000) square feet of rentable space located on Lot Bthe 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 made a part hereof 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 Leased Premises"Development") in common with Landlord and the tenants and occupants of the Development (their agents, employees, and invitees), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of to commence on the day previous to the first 25th day of the lease termNovember, which shall be on the 1st day of June, 20051988, and ending to end at midnight on the last 24th day of the lease termNovember, which shall be on the 31st day of December1998, 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 run 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 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 such period being the term of this Agreement Lease (the non-exclusive privilege to park "Term"). The Development is more particularly described in Parking Lots 1 Exhibit C attached hereto and 2 shown on Exhibit A at no additional charge (other than incorporated herein by reference. The date specified above for the rent herein) to Tenantcommencement of the Term, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned or, if Landlord cannot deliver the Premises for possession by Tenant or in a city-owned parking garageon 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"). 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 For the height purposes 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 bargethis Paragraph, the area upon which such barge is located Premises shall become a part of the Leased Premises.be deemed delivered

Appears in 1 contract

Samples: Lease Agreement (Consumers Us Inc)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents accepts and leases from LandlordLandlord certain premises consisting of a building containing approximately 102,297 square feet at 0000 Xxxx Xxx Xxxxxxx, according to Xxxxxx of Xxxx, State of Georgia, (the terms and provisions herein, "Building") together with all site improvements upon the following real property legally described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A "A" and depicted on the site plan attached hereto as Exhibit "A-1" (but specifically excluding collectively the hydraulic lift located on Lot B) and by this reference made a part hereof ("Premises"). TO HAVE AND TO HOLD the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, same for a term commencing at midnight of on the day previous to "Commencement Date", as hereinafter defined, and ending One Hundred Twenty Two (122) 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 lease termremainder of the calendar month following the Commencement Date. (See also Additional Provisions, which Sections 2, 3, and 4) The Commencement Date shall be on the 1st day of Junedate upon which the Landlord's Work shall have been substantially completed provided however, 2005that if Landlord shall be delayed in such Substantial Completion as a result of: (i) Tenant's failure to agree to plans, specifications, and ending at midnight on cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or 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 last day performance or completion of work by a party employed by Tenant, the lease term, which Commencement Date and the payment of rent hereunder shall be on accelerated by the 31st day number of December, 2018, upon the condition that the Tenant pays rent thereforedays of such delay, and otherwise performs provided further that if Landlord can not substantially complete the Premises as in this Lease Agreement provides. The a result of any of events (i) through (iv) above, Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed may at all times except its election complete so much of Landlord's Work as may be otherwise agreed to in writing by the Landlord. Tenant agrees that its rights practical under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants circumstances and, by written notice to Tenant, its management employees and patrons during establish the term Commencement Date as the date of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no 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 permissionsuch partial completion, subject to such other permission as may be required by any other governmental entityapplicable accelerations due to delays resulting from events (i) through (iv) above. Notwithstanding the preceding Landlord's election, to construct a two-story (not to exceed the 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 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 support Tenant’s application 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 other governmental entities for any required permission for the repair of the Premises have been made by Landlord, unless such bargeare expressly set forth in this lease. After such Commencement Date Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises. In the event Tenant constructs such bargeof any dispute as to Substantial Completion of work performed or required to be performed by Landlord, the area upon certificate of Landlord's architect impartially given shall be conclusive. (See Also Additional Provisions, Section 15 and 19). Landlord covenants to repair or replace, at Landlord's expense and as "Warranty Work," any defective item of Landlord's Work of which such barge is located shall become Tenant notifies Landlord within one year after the Commencement Date and that requires repair or replacement (other than normal wear and tear) as a part result of (i) any failure to construct the Building 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 Leased Premisesabove-described one-year warranty period, 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, except for any such warranties or guaranties relating to any portions of the Premises which Landlord is required under this Lease to maintain and repair at Landlord's expense.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Premises and Term. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant Landlord hereby leases to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from LandlordLandlord that certain space comprised of the entire building (“Building”) located at 9000 Xxxxx Xxxxxx Xxxxxxxxx, according to Beverly Hills, California (“Property”, as further described in Article 25) and the terms and provisions hereinProperty, including, without limitation, the following basement, first and second floors thereof (collectively, the “Premises”), as described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as or shown on Exhibit A attached hereto hereto, subject to the provisions herein contained. The term (but specifically excluding “Term”) of this Lease shall commence on February 1, 2004 (the hydraulic lift located on Lot B“Commencement Date”) and by this reference made a part hereof shall end on January 31, 2009 (the Leased Premises“Expiration Date”), legally described unless sooner terminated as a part provided herein. The Commencement Date shall be subject to adjustment as provided in Article 4. Landlord and Tenant agree that for purposes of Lot 6 this Lease the rentable area of Ice Harbor Development, according the Premises is 20,000 square feet. Notwithstanding anything else to the recorded plat thereofcontrary in this Lease, with Landlord (referenced, in such capacity, in this paragraph as “LL Occupant”) may continue during the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight Occupancy Period (as defined below) to occupy the two (2) offices in the southeastern portion of the day previous to the first day basement of the lease termBuilding (“LL Occupancy Space”), which shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, 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 run with the land, as described or shown on Exhibit A-l attached hereto, for itself which LL Occupant is currently occupying. During the Occupancy Period, LL Occupant shall occupy the LL Occupancy Space, shall continue to use the parking spaces that it currently uses, and for public pedestrian accessthe shall continue to use and receive the utilities and services at the Building that it currently uses and receives, said access all without any obligation to remain openpay Tenant any base rent, clear additional rent or other charges, fees, costs or other amounts of any kind in connection therewith. The “Occupancy Period” shall begin on the date that this Lease is executed and unobstructed 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 the termination of the Occupancy Period, provided, however, that (a) Tenant shall not terminate the Occupancy Period before the date that is three (3) months after the Commencement Date, and (b) LL Occupant may terminate the Occupancy Period at all times except as may be otherwise agreed to in writing any time by the Landlord. Tenant 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 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 giving written notice 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 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 date of the Leased Premisestermination of the Occupancy Period.

Appears in 1 contract

Samples: Office Lease (NGTV)

Premises and Term. The Landlord, in In consideration of the rents herein reserved mutual obligations of Lessor and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions Lessee set forth herein, Lessor leases to Lessee, and Lessee hereby takes from Lessor the following premises (the "LAND") situated within the County of Dentxx, Xxate of Texas, more particularly described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit EXHIBIT A attached hereto and incorporated herein by reference (but specifically excluding the hydraulic lift located on Lot Bsubject to adjustment as provided in Section 26.D.) and by the improvements contemplated to be constructed thereon pursuant to this reference made a part hereof Lease (the Leased Premises), legally described "IMPROVEMENTS") (the Land and Improvements being herein collectively referred to as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, "PREMISES") together with the improvements thereon and all rights, easements privileges, easements, appurtenances, and appurtenances thereto belonging, for a term commencing at midnight of the day previous amenities belonging to or in any way pertaining to the first day Premises, to have and to hold, subject to the terms, covenants and conditions in this Lease. The term of this Lease (the lease term, which "PRIMARY TERM") shall be commence on the 1st day of June, 2005, commencement date hereinafter set forth and ending at midnight shall end on the last day of the lease termmonth 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 to occur on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as date determined in accordance with this Lease Agreement providesParagraph. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run 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 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 Lease shall commence on the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no 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 height latest of the existing portside facilityfollowing three dates (herein referred to as the "COMMENCEMENT DATE"): (i) barge the date which is fourteen (as defined by Iowa Code Chapter 99F (2005)14) days after Lessor's notice to extend not more than Lessee that the maximum permitted by Premises are fixture-ready, permitting Lessee to install furniture, equipment, fixtures, and other personal property in 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 warehouse portion of the Leased PremisesImprovements in 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 (iii) April 1, 1997. Lessor hereby waives payment of rent during the Move In Period, or at any time prior to the commencement date.

Appears in 1 contract

Samples: Industrial Lease Agreement (Gadzooks Inc)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof. Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents accepts and leases from Landlord, according all that portion (hereinafter referred to as the terms and provisions herein"premises") of certain real property situated within the County of DuPage, the following described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises)State of Illinois, legally described in Exhibit "A", and the buildings and improvements to be constructed thereon, said premises being as a part 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 Lot 6 of Ice Harbor DevelopmentTenant, according to the recorded plat thereofsaid Exhibits being attached hereto and incorporated herein by reference, with the improvements thereon and all rights, easements privileges, easements, appurtenances and appurtenances thereto belonging, immunities belonging to or in any way pertaining to the premises. TO HAVE AND TO HOLD the same for a term commencing at midnight of on the day previous "commencement date", as hereinafter defined, and ending sixty (60) months thereafter, unless sooner terminated pursuant to any 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 lease term, which remainder of the calendar month following the "commencement date". The "commencement date" shall be on the 1st day of June, 2005, date upon which the buildings and ending at midnight on the last day of the lease term, which shall other improvements erected and to be on the 31st day of December, 2018, erected upon the condition that the Tenant pays rent therefore, and otherwise performs as premises shall have been substantially completed in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run accordance with the land, plans and specifications of Landlord as shown on Exhibit A, for itself agreed upon by Landlord and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to Tenant in writing by the Landlord. Tenant 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 additional charge 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 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 garagepremises). Landlord hereby grants to shall give Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story not less than ten (not to exceed the height 10) days' notice in writing of the existing portside facility) barge (date upon which Landlord proposes to lender said buildings and other improvements 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 substantially completed and support Tenant’s application to other governmental entities ready for any required permission for such bargeoccupancy 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 constructs 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 bargenotice 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 premises have been made by Landlord, unless such are expressly set forth in this lease. 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 area upon which 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 barge is located shall become a part completion, effective on the date of the Leased Premisesdelivery of a copy of any such certificate to Tenant. The 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 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 such mortgagee or prospective mortgagee a contrary certificate setting forth the specific items in dispute and the facts supporting Tenant's claim with supporting documents attached. If Landlord shall be 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 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. The LandlordSubject to the terms of this Lease, in consideration of the rents herein reserved and of the agreements and conditions herein containedLandlord hereby leases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to that certain parcel of real property (the terms and provisions herein"Property") located in the City of Lewisville, County of Xxxxxx, State of Texas, the following same being more particularly described real estateby metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) and as shown on Exhibit A "B" attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof for all purposes, including all improvements now or hereafter to be constructed thereon (the Leased Premisessame, as modified in accordance with Article 11 below is herein called the "Building") 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 "Improvements"), legally described as a part 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 Lot 6 every kind and character, and all accessories and additions thereto, located in or on or in the area of Ice Harbor Developmentthe Property and/or the Improvements, according to the recorded plat thereof, or used in connection with the improvements 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, easements privileges and appurtenances thereto belonging, amenities otherwise appurtenant to such property are hereinafter referred to collectively as the "Premises"). Tenant shall lease the Premises for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, 2005, Commencement Date (as defined below) and ending at midnight expiring on the last day of the lease term, 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 run 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 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 additional charge thirtieth (other than the rent herein30th) 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 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.full calendar month following

Appears in 1 contract

Samples: Lease Agreement (Ultrak Inc)

Premises and Term. The Landlord, in In consideration of the rents herein reserved mutual obligations of Landlord and of the agreements and conditions herein containedTenant set forth herein, on the part of the Tenant Landlord leases to be kept and performedTenant, leases unto the Tenant and Tenant hereby rents takes from Landlord the Premises situated within the Village of Bensenville, County of DuPage, State of Illinois, more particularly described and leases from depicted on EXHIBIT "A" attached hereto and incorporated herein by reference, commonly known as 000 Xxxxxxx Xxxxx, and consisting of approximately 108,711 square feet (the "Premises"), 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 September 30, 2004. The Commencement Date shall be September 15, 2001. Tenant shall, as of ten (10) days prior to the Commencement Date, have the right to, and shall, inspect the Premises and list those items which must be remedied by Landlord prior to the start of the Lease, and shall, upon satisfactory completion of such inspection and the completion of such remedies by Landlord, according reaffirm that (i) it has inspected and accepts the Premises in its as-is, where-is condition, with all faults, (ii) the buildings 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 terms repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord (unless otherwise expressly set forth in this Lease). If this Lease is executed before the Premises become vacant or otherwise available and provisions hereinready for occupancy, or if any present Tenant or occupant of the following described real estatePremises holds over, situated in Dubuque Countyand Landlord cannot, Iowausing good faith efforts, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding acquire possession of the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according Premises prior to the recorded plat thereofdate above recited as the Commencement Date of this Lease, with the improvements thereon Landlord shall not be deemed to be in default hereunder nor in any way liable to Tenant because of such failure, and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight Tenant agrees to accept possession of the day previous 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, except that if the Commencement Date is other than the first day of the lease term, which a calendar month such term also shall be on extended for the 1st day of June, 2005, and ending at midnight on the last day remainder of the lease term, calendar month in 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 run 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 agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreementpossession is tendered. Landlord hereby grants to Tenant, its management employees and patrons during the term waives payment of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no 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 covering any period prior to such other permission as may be required by any other governmental entitytendering of possession. After the Commencement Date, Tenant shall, upon demand, execute and deliver to construct Landlord a two-story (not to exceed the height letter of acceptance of delivery 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.

Appears in 1 contract

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

Premises and Term. The Section 1.1. During the Term, Landlord, in consideration of the rents herein reserved and of the terms, provisions, covenants and agreements and conditions herein contained, on the part of the Tenant to be kept kept, observed and performed, leases does hereby lease and demise the Premises unto the Tenant Tenant, and Tenant does hereby rents hire and leases take the Premises from Landlord, according subject to each and every matter affecting title to the terms and provisions hereinPremises including, without limitation, all of the following described real estatewhich are in effect as of the Commencement Date: all easements, situated 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 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 Dubuque CountyARTICLE A, IowaSECTION 5 above at such time as (a) the installation of the Water and Sewer Lines has been completed such that such lines do not impair the ability of Tenant to obtain water and/or sewer service to Tenant's Warehouse Space, and (b) Landlord has substantially completed the construction of (i) the Demising Wall and Related Improvements (or Tenant has completed such construction in the event Landlord fails to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding complete the hydraulic lift located on Lot B) and by this reference made a part hereof (same within 60 days after the Leased PremisesCommencement Date), legally described and (ii) the Restoration Work as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs soon as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run 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 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 additional charge practicable but (other than the rent herein1) 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 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 sixty (60) days after the Ice Harbor. Landlord agrees Commencement Date with respect to cooperate the Restoration Work not related to the Floor Slab, and (2) with and support Tenant’s application respect to other governmental entities for any required permission for the Restoration Work related to the Floor Slab, in no event more than ten (10) days after the date on which the Floor Slab has been saw-cut (or Tenant has completed such barge. In construction in the event Tenant constructs such bargeLandlord fails to complete the same within 60-day or 10-day periods of time, as applicable). The parties hereto acknowledge and agree that the area upon which such barge is located shall become a part deadline for the satisfaction of Landlord's obligations with respect to the construction of the Leased PremisesDemising Wall and Related Improvements and the completion of the Restoration Work is subject to a potential extension in the event of the occurrence of any Force Majeure Delays (as defined in SECTION 19.16 below).

Appears in 1 contract

Samples: Lease Agreement (Marketing Specialists Corp)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases takes from LandlordLandlord certain premises situated within the County of Dallas, according to the terms and provisions hereinState of Texas, the following more particularly described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A “A”, which is attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises)hereof, legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, together with the improvements thereon and all rights, easements privileges, easements, appurtenances and appurtenances thereto belonging, 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 said real property and the buildings and improvements thereon being hereinafter referred to as the “premises”). To Have and to Hold the same for a term commencing at midnight of on the day previous to “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, 2020. 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 (ii) as otherwise expressly provided in this lease. Subject thereto, taking of possession by Xxxxxx 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 premises, nor promises to alter, remodel or improve the premises have been made by Landlord, unless such are expressly set forth in this lease. If this lease termis 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 said “commencement date”, Landlord shall not be deemed to be in default hereunder, and Xxxxxx agrees to accept possession of the premises at such time as Landlord is able to tender the same, which date shall thenceforth be on deemed the 1st day of June, 2005“commencement date”, and ending at midnight on Landlord hereby waives payment of rent covering any period prior to the last day 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 termis a commitment of Tenant’s current revenue only. Notwithstanding any provision herein to the contrary, which shall be on the 31st day Board of December, 2018, upon Trustees of Tenant retains the condition that the Tenant pays rent therefore, and otherwise performs as in continuing right to terminate this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with at 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 agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution expiration of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons each budget period during the term of this Agreement lease including all renewals and extensions of said term. The effective date of such termination shall be the non-exclusive privilege last day of Tenant’s budget period (currently June 30th) following advance written notice thereof to park Landlord. Additionally, Tenant shall provide Landlord reasonable written notice of any change in Parking Lots 1 Tenant’s fiscal year. Upon the effective date of termination, all rights and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenantobligations hereunder shall cease and terminate, its management employees or patrons. Tenant agrees that Tenant will require that all except for any liabilities of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garageLandlord which accrued prior to lease termination and those that expressly survive expiration or termination of this lease. Landlord hereby grants Xxxxxx’s right to terminate this lease pursuant to this paragraph is personal to Tenant permission, subject and may not be assigned to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the 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 Premisesparty.

Appears in 1 contract

Samples: Lease Agreement

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents 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, according to the terms and provisions herein, the following described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located "Premises"), which square footage includes a pro rata share of the Building's electrical and sprinkler room. The Building is situated on Lot B) and by this reference made a part hereof the land described in Exhibit B attached hereto (the Leased Premises"Land"), legally described as a part of Lot 6 of Ice Harbor Developmentand the Land, according the Building and all other structures, improvements, fixtures and appurtenances now or hereafter placed, constructed or included on or appurtenant to the recorded plat thereofLand is hereinafter called the "Project". The Project is currently known as AmberPoint Business Park at Coppell, with Building 1, and is more particularly described on Exhibit C attached hereto. To have and to hold the improvements thereon and all rights, easements and appurtenances thereto belonging, same for a term (the "Term") commencing at midnight on the date of Substantial Completion of the day previous Tenant Improvements (as defined in Exhibit D), as such date shall be determined pursuant to Exhibit D attached hereto (the first day "Commencement Date") and ending on March 31, 2010 (the "Termination Date"). Tenant acknowledges that it has inspected the Premises and the Building, and subject to Landlord's obligations under Exhibit D attached hereto and any latent defects reported to Landlord within 180 days after the Commencement Date, 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 be repaired at no cost to Tenant. Taking of possession of the lease term, which 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 1st day of June, 2005, and ending at midnight on the last day of the lease term, 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 run 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 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 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 permissiondate 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 Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord, unless such other permission are expressly set forth in this Lease. Landlord has made no representation or warranty as may be required by to the suitability of the Premises for the conduct of Tenant's business and Tenant hereby waives any other governmental entityimplied 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 construct a two-story 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 to exceed the height interfere with Landlord's completion of the existing portside facilityTenant Improvements, (c) barge Tenant shall deliver to Landlord evidence that the insurance required under Paragraph 12(b) of this Lease has been obtained, and (as defined by Iowa Code Chapter 99F (2005)d) 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 HarborTenant obtains all governmental approvals required for such entry, occupancy or improvements. Landlord agrees to reasonably cooperate with and support Tenant in connection with Tenant’s application 's pursuit of such governmental approvals, provided that Landlord shall not be required to other governmental entities for incur any required permission for costs or expenses in connection with such bargecooperation. In the event Tenant constructs Any such barge, the area entry shall be upon which such barge is located shall become a part all of the Leased Premisesterms 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 entitled to occupy temporary offices in the Premises prior to the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Somera Communications Inc)

Premises and Term. The Landlord, That in consideration of the rents herein reserved hereinafter agreed to be paid by Lessee to Lessor, and in consideration of the agreements and conditions herein contained, on the part covenants of the Tenant respective parties hereto to be kept performed at the time and performedin the manner hereinafter provided, leases Lessor does hereby lease and demise unto Lessee, and Lessee does hereby hire and take from Lessor, a building containing 173,316 square feet of space (the Tenant "Building"), and Tenant hereby rents 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, according to the terms and provisions herein, the following described real estate, situated in Dubuque Allegheny County, IowaPennsylvania, to wit: The patio area (Parcel B) as shown and more particularly described on Exhibit A "A" attached hereto (but specifically excluding the hydraulic lift located on Lot BBuilding, the Fixtures 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 Lessor by Urban Redevelopment Authority of Pittsburgh ("URA") pursuant to a Lease substantially in the form attached hereto as Exhibit B and by this reference made a part hereof (the Leased Premises"Parking Lease"), legally described as a part . The use of Lot 6 of Ice Harbor Development, according the Parking Facilities and other matters relating to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which Parking Facilities shall be on as set forth in the 1st day of June, 2005, and ending at midnight on the last day of the lease term, 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 providesParking Lease. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run 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 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 Lease (the non-exclusive privilege "Term") shall extend for a twenty (20) year period which period shall commence the date upon which the Building is completed and a certificate of occupancy is issued (the "Commencement Date"). Lessor shall use its best efforts to park in Parking Lots 1 cause the Commencement Date to be on or before January 1, 1995. Lessor and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees Lessee agree 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 height following determination of the existing portside facility) barge (as defined Commencement Date, they will enter into a written agreement evidencing the Commencement Date. Lessee shall be entitled to occupancy on the Commencement Date. Any holdover by Iowa Code Chapter 99F (2005)) to extend not more than Lessee following the maximum permitted by the United States Coast Guard and/or the United States Army Corps Term 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 this Lease for any required permission for such barge. In renewal term shall, unless Lessor agrees otherwise in writing, be a holdover on a month-to-month basis only at the event Tenant constructs such barge, same rental paid in the area upon which such barge is located shall become a part last month of the Leased PremisesTerm.

Appears in 1 contract

Samples: Lease (Ansaldo Signal Nv)

Premises and Term. The Landlord, in In consideration of the rents herein reserved mutual obligations of Landlord and of the agreements and conditions herein containedTenant set forth herein, on the part of the Tenant Landlord leases to be kept and performedTenant, leases unto the Tenant and Tenant hereby rents and leases takes from Landlord, according to approximately 126,750 square feet of space (the terms and provisions herein, the following described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B"Premises") as shown on Exhibit A "A" attached hereto and incorporated herein, located in the building known as Braker 12, which building has an address of 0000 Xxxxxx Xxxx, Xxxxxx, Xxxxxx County, Texas 78750 (but specifically excluding the hydraulic lift "Building"). The Building is located on Lot B) the real property described on Exhibit "A-1" attached hereto and by incorporated herein. The term of this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which Lease shall be commence on the 1st day of June, 2005, Commencement Date hereinafter set forth and ending at midnight shall end on the last day of the lease termmonth that is forty- eight (48) months after the Commencement Date (the "Expiration Date"). Notwithstanding anything to the contrary contained herein, which shall be on the 31st day Commencement Date, Tenant shall lease only that portion of December, 2018, upon the condition that the Tenant pays rent therefore, Premises containing 85,000 square feet and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself "A-2" attached hereto 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 incorporated herein (the Landlord"Initial Premises"). Tenant agrees that its rights under shall lease approximately 20,875 square feet of 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 Premises shown on Exhibit A at no additional charge "A-3" attached hereto and incorporated herein (other the "First Additional Premises") not later 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 date which is the height sixth month anniversary of the existing portside facilityCommencement 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") barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more later than the maximum permitted by first annual anniversary of 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 bargeCommencement Date. In the event Tenant constructs such bargeelects to lease the First Additional Premises prior to the six month anniversary of the Commencement Date or Tenant elects to lease the Second Additional Premises prior to the first annual anniversary of the Commencement Date, the area upon which commencement date for such barge is located space shall become a part be the date Tenant actually occupies the First Additional Premises and/or the Second Additional Premises, as the case may be, for the conduct of Tenant's business. Further, notwithstanding anything to the contrary set forth herein, Tenant shall have no obligations with respect to or liability for the First Additional Premises or the Second Additional Premises until the applicable commencement date for such space, except for the obligation to pay one-half (1/2) of the Leased PremisesOperating Expenses attributable to such space as provided in Xxxxxxxxx 0X xxxxx.

Appears in 1 contract

Samples: Lease Agreement (Active Power Inc)

Premises and Term. The Landlord, in consideration of Landlord leases to Tenant the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated described in Dubuque County, Iowa, to wit: The patio area the Lease Schedule (Parcel B"Schedule") as shown on Exhibit A attached hereto and incorporated herein by reference (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased "Premises"). Those Premises, legally described as a part of Lot 6 of Ice Harbor Developmenttogether with all improvements thereon, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, shall be leased to Tenant for a term commencing at midnight 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 day previous Premises pursuant to a Construction Agreement between Landlord and Lang Construction Group, Inc., dated June 5, 2019 (the first day "Construction Agreement"). Xxxxxxxx entered into the Construction Agreement in order to construct the Tenant Improvements on behalf of Tenant, and the Tenant Improvements are being installed at Tenant’s direction and expense. 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 termination of the lease term, which Lease shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, which month in the particular Option Term exercised by Tenant. Tenant shall have the right to extend this Lease for five (5) periods of five (5) years each (each an "Option Term"). Each Option Term shall be on exercised automatically by Tenant, unless Xxxxxx delivers written notice to Landlord of Tenant's decision not to exercise the 31st day upcoming Option Term. Such written notice of DecemberXxxxxx'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 Lease Term or Option Term, 2018, as applicable. Each Option Term shall be upon all of the condition that the Tenant pays rent therefore, same terms and otherwise performs as conditions contained in this Lease Agreement providesunless otherwise modified by the parties. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run 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 This Lease may be otherwise agreed terminated by Tenant upon three (3) months prior written notice to in writing Landlord any time after the first year of the Lease Term has expired only if Tenant foresees irreparable harm (financial or otherwise) from continuing its operations on the Premises. Tenant shall attach to such written notice required herein to Landlord a resolution passed by its Board of Directors authorizing the termination of this Lease and citing the irreparable harm to be suffered by the Landlord. Tenant agrees that should it continue its rights under operations on 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 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 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.

Appears in 1 contract

Samples: Lease Agreement

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents 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, according to the terms and provisions herein, the following described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located "Premises"), which square footage includes a pro rata share of the Building's electrical and sprinkler room. The Building is situated on Lot B) and by this reference made a part hereof the land described in Exhibit B attached hereto (the Leased Premises"Land"), legally described as a part of Lot 6 of Ice Harbor Developmentand the Land, according the Building and all other structures, improvements, fixtures and appurtenances now or hereafter placed, constructed or included on or appurtenant to the recorded plat thereofLand is hereinafter called the "Project". The Project is currently known as AmberPoint Business Park at Coppell, with Building 1, and is more particularly described on Exhibit C attached hereto. To have and to hold the improvements thereon and all rights, easements and appurtenances thereto belonging, same for a term (the "Term") commencing at midnight on the date of Substantial Completion of the day previous Tenant Improvements (as defined in Exhibit D), as such date shall be determined pursuant to Exhibit D attached hereto (the first day "Commencement Date") and ending on March 31, 2010 (the "Termination Date"). Tenant acknowledges that it has inspected the Premises and the Building, and subject to Landlord's obligations under Exhibit D attached hereto and any latent defects reported to Landlord within 180 days after the Commencement Date, 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 be repaired at no cost to Tenant. Taking of possession of the lease term, which 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 1st day of June, 2005, and ending at midnight on the last day of the lease term, 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 run 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 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 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 permissiondate 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 Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord, unless such other permission are expressly set forth in this Lease. Landlord has made no representation or warranty as may be required by to the suitability of the Premises for the conduct of Tenant's business and Tenant hereby waives any other governmental entityimplied 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 construct a two-story (not to exceed Landlord an Acceptance of Premises Memorandum in the height form 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 PremisesExhibit E attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Somera Communications Inc)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents accepts and leases from Landlord, according all that portion (hereinafter referred to as the “premises”) of certain real property, buildings and improvements situated within the County of DuPage, State of Illinois, legally described in Exhibit “A”, said premises consisting of approximately 197,269 square feet being as 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 and incorporated herein by reference, and all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the terms premises. TO HAVE AND TO HOLD the same for a term commencing on October 1, 2014 or thirty (30) days from the date this lease is executed and provisions hereinending July 31, 2023 one hundred six (106) months thereafter, unless terminated 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 following described real estatefoundation, situated in Dubuque Countyroof, Iowaexterior walls, to wit: The patio area (Parcel B) as shown and items specifically listed on Exhibit A D (pages 1through 3) attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference 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 premises, nor promises to alter, remodel or improve the premises have been made by Landlord, unless such are expressly set forth in this lease and attachments thereto. After the commencement date, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises (the Leased Premises), legally described as Exhibit “E” attached hereto and made a part hereof). Landlord shall deliver the premises(in compliance with all laws) including but not limited to compliance with Title III of Lot 6 the Americans With Disabilities Act of Ice Harbor Development1990, according to the recorded plat thereofstate laws governing handicapped access or architectural barriers, with the improvements thereon and all rightsrules, easements regulations, and appurtenances thereto belonging, for a term commencing at midnight guidelines promulgated under such law based upon its existing condition. In no way shall Tenant’s acceptance of the day previous to premises limit Landlord’s liability for hazardous substances or for any latent defects existing in, on or at the first day premises as of the lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, 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 run 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 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 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 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 Premisescommencement date.

Appears in 1 contract

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

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Premises and Term. The LandlordLandlord hereby leases and by these presents does lease and demise to Tenant, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents does lease and leases take from Landlord, according the premises described on Exhibit “B” attached hereto, consisting of approximately 18,100 square feet of rentable space, located at 2441 So. 0000 Xxxx, Xxxxx # X-000, Xxxx Xxxxxx Xxxx, Xxxx 00000, the “Demised Premises”, situated in the building erected on the property described on Exhibit “A” attached hereto, together with all the easements, rights, privileges and appurtenances thereunto belonging or in any way appertaining to the Demised Premises. Tenant may expand the Demised Premises to the north and south within the Building to accommodate Tenant’s future growth upon availability of such area and upon reasonable advance written notice to Landlord. In such case, the then-current rental rate shall apply to any expanded Demised Premises and the same shall be governed by the terms and provisions conditions contained herein. Landlord and Tenant agree to cooperate in the 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 Demised Premises by Tenant. TO HAVE AND TO HOLD the said Demised Premises, together with all and singular the following described real estateimprovements, situated in Dubuque Countyappurtenances, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, privileges and easements and appurtenances thereto belongingthereunto belonging to or in anywise appertaining, unto Tenant for a term commencing at midnight as of the day previous date set forth herein under Article 3, and continuing thereafter to and including the date Five (5) years from the first day of the lease termfirst month immediately following such commencement date, which shall be on subject, however, to extension and renewal as hereafter provided. When the 1st day date of June, 2005, and ending at midnight on the last day commencement of the lease termterm has been determined, which shall be on the 31st day of December, 2018, upon the condition that the Landlord and Tenant pays rent therefore, may enter into an agreement in recordable form and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself form 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 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 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 substance reasonably acceptable to Tenant permission, subject to and Landlord setting forth such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed date at the height request 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 either Landlord or 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.

Appears in 1 contract

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

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants here, Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents accepts and leases from Landlordlandlord certain premises situated within the County of Shelby, according to the terms and provisions hereinState of Tennessee, the following more particularly described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A "A" ------ --------- attached hereto (but specifically excluding the hydraulic lift located on Lot B) and incorporated herein by this reference made a part hereof (the Leased Premises)reference, legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, together with the improvements thereon and all rights, easements privileges, easements, appurtenances and appurtenances thereto belongingimmunities belonging to or in any way pertaining to the premises and together with the buildings and other improvements situated upon said premises (said real property, buildings and improvements hereinafter referred to as the "premises"). TO HAVE AND TO HOLD the same for a term commencing at midnight on October 1, 1989 and --------------- ending September 30, (60) months thereafter. 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. 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 day previous 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 first day 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 lease termpremises at such time as Landlord is able to tender the same, which date shall thenceforth be on deemed the 1st day "commencement date": and Landlord hereby waives payment of Junerent covering any period prior to the tendering of possession to Tenant hereunder. After the commencement date Tenant shall, 2005upon demand, execute and ending at midnight on the last day deliver to Landlord a letter of acceptance of delivery of the lease term, 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 run 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 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 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 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 Premisespremises.

Appears in 1 contract

Samples: Lease Agreement (Cortelco Systems Inc)

Premises and Term. The Landlord, in consideration 2.1 PREMISES -------- Subject to and with the benefit of the rents herein reserved and provisions of the agreements and conditions herein containedthis Lease, on the part of the Tenant Landlord hereby leases to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according the 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 below 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 as "the Premises". Tenant shall have, as appurtenant to the terms and provisions hereinPremises, the following described real estate, situated right to use in Dubuque County, Iowa, to wit: The patio area (Parcel B) as common with other tenants of the Building the areas shown on the 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 "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 Plan of the Park attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, 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 run with the land, as shown on Exhibit A, as such Common Areas may be amended or modified by Landlord from time to time during the 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 such approval shall not be unreasonably withheld or delayed and shall be deemed granted in the event that Tenant fails to respond within ten (10) days of Landlord's written request for itself and for public pedestrian approval therefor; (b) all rights to access, said 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 entire Park, if 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 remain openand from the Building to the Common Areas, clear including, without limitation, all sidewalks, roads, driveways and unobstructed at the like, and (g) all times except as may be otherwise agreed to in writing by the Landlord. Tenant 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 Tenantutility lines, its management employees electricity, water 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 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 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 Premisessewage disposal.

Appears in 1 contract

Samples: Open Market Inc

Premises and Term. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, Landlord hereby leases unto the Tenant and Tenant hereby rents and leases from Landlord, according subject to the terms and provisions hereinof this Lease, approximately 12,500 square feet of space (the following described real estate"Premises") in Building 4125 SOUTHERLAND ROAD (the "Building") of HOUSTON, situated TEXAS 77092 (the "Xxxxxxx"), xxxxxxxxxed upon that tract of xxxx (xxx "Xxxx") xescribed more particularly in Dubuque CountyExhibit "A" annexed hereto, Iowa, to wit: The patio area (Parcel B) as shown such Premises being outlined in red on Exhibit A attached hereto (but specifically excluding A. TO HAVE AND TO HOLD the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, same for a term commencing at midnight on OCTOBER 1, 1994 and ending SEPTEMBER 30, 1997 months thereafter. 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. 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 day previous premises, nor promises to alter, remodel or improve the premises have been made by Landlord, unless such are expressly set 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 first day 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 lease termpremises at such time as Landlord is able to tender the same, which data shall thenceforth be on deemed the 1st day "commencement date"; and Landlord hereby waives payment of Junerent covering any period prior to the tendering of possession to Tenant hereunder. After the commencement date Tenant shall, 2005upon demand, execute and ending at midnight on the last day deliver to Landlord a letter of acceptance of delivery of the lease term, 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 run 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 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 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 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 Premisespremises.

Appears in 1 contract

Samples: Lease Agreement (Comfort Systems Usa Inc)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements and conditions herein containedcovenants hereof, on the part of the Tenant Landlord hereby leases to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according certain premises comprised of 152,372 rentable square feet in a building to be constructed in a development known as Paramount Center, Morrisville, NC (the "Building") situated on certain land (the "Land") in the County of Wake, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the terms premises (hereinafter referred to as the "Premises"). The obligations of Tenant shall commence hereunder upon the Commencement Date and provisions herein, the following described real estate, situated in Dubuque County, Iowa, delivery of the Premises by Landlord to wit: The patio area (Parcel B) as shown on Exhibit Tenant. A floor plan of the Premises is attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof as 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 a good and workmanlike manner. The taking of possession by Tenant shall be deemed conclusively to establish that the Premises and any improvements thereto are in good and satisfactory condition as of when possession was 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 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 will undertake the appropriate corrective action at Landlord's cost. As between Landlord and Tenant, nothing in this paragraph shall be 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 Leased Premises)"Plans") which are subject to the approval of Landlord and Tenant, legally described as 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 Lot 6 the Premises for use by Tenant in its obtaining drawings for the upfit of Ice Harbor Development, according the Premises. The drawings obtained by Tenant are subject to the recorded plat thereofreview 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 improvements thereon and all rightsSchedule, easements and appurtenances thereto belongingprovided, 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 at midnight of the day previous to the first day of the lease term, which shall be on the 1st day date a temporary certificate of June, 2005occupancy is issued for the Premises (the "Commencement Date"), and ending at midnight on the last 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 obtaining 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 termLease for one renewal term of five years (the "Renewal Term") at the then prevailing market rate, which as determined by Landlord provided Tenant shall be on provide Landlord written notice of its desire to renew the 31st day term of December, 2018, upon the condition that Lease at least nine months prior to the Termination Date. Failure of Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The to provide Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access aforesaid written notice shall render the rights of Tenant to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant 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 renew or extend the term of this Agreement Lease null and void. Upon the non-exclusive privilege exercise by Tenant of its option to park in Parking Lots 1 and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenantrenew, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees the terms and conditions of this Lease shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants to Tenant permissionapply with base rent being the then prevailing market rate, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the 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.and

Appears in 1 contract

Samples: Lease Agreement (Tekelec)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein contained, on the part of the Tenant leases to be kept and performed, leases unto the Tenant and Tenant hereby rents accepts and leases from Landlord, according all that portion (hereinafter referred to as the terms "premises") of certain real property, buildings and provisions hereinimprovements situated within the County of Xxxx , State of Illinois , -------------------------------- ------------ legally described in Exhibit "A", said premises being as outlined on the following described real estatesite plan contained in Exhibit "B", situated and including any parking areas and truck loading areas specifically marked in Dubuque Countyred on said Exhibit B for the exclusive use of Tenant, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A said Exhibits being attached hereto (but specifically excluding the hydraulic lift located on Lot B) and incorporated herein by this reference made a part hereof (the Leased Premises)reference, legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements privileges, easements, appurtenances and appurtenances thereto belonging, immunities belonging to or in any way pertaining to the premises. TO HAVE AND TO HOLD the same for a term commencing at midnight on March 1, 1984 -------------------- and ending February 28, 1989 sixty (60) months thereafter, ------------------------------------------------- unless terminated 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 day previous premises, nor promises to alter, remodel of improve the premises have been made by Landlord, unless such are expressly set 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, using good faith efforts, 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, 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 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 calendar month. such term shall also be extended for the lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day remainder of the lease term, calendar month in 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 run 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 agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreementpossession is tendered. Landlord hereby grants to Tenant, its management employees and patrons during the term waives payment of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no 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 covering any period prior to such other permission as may be required by any other governmental entitytendering of possession. After the commencement date, Tenant shall, upon demand, execute and deliver to construct Landlord a two-story (not to exceed the height letter of acceptance of delivery 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 Premisespremises.

Appears in 1 contract

Samples: Lease Agreement (Watson Pharmaceuticals Inc)

Premises and Term. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant Section 1.1. Landlord hereby leases to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from LandlordLandlord the demised premises consisting of approximately 14,551 rentable square feet (including Tenant's prorata share of building common areas) located on the first floor of the approximately 64,491 square foot building located at 000 Xxxxxxxxxxxx Xxxxx, according Xxxxx Xxxx, Xxxxxxxxxx (as described in Exhibit "A" and located substantially as shown on Exhibit "B" attached hereto), upon and subject to the terms and provisions hereinof 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 following Tenant Improvements described real estatein Article 3, situated in Dubuque Countyas certified by Landlord and Landlord's Contractor, Iowa, to wit: The patio area (Parcel B) as shown with all approvals and permits from the appropriate governmental authorities required for the legal occupancy of the demised premises based on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof substantial completion of the Tenant Improvements having been obtained (the Leased Premises"Commencement Date"), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease termForty Second (42nd) calendar month (exclusive of 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 event Landlord has not commenced construction of the Tenant Improvements in the demised premises on or before November 1, 2003 (the "Anticipated TI Commencement Date"), 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 extended on a day for 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 extended on a day for day basis by the 31st day number of Decemberdays of any such delay. Tenant shall have the right to access the demised premises for the purposes of installing Tenant's fixtures and equipment during the two (2) weeks prior to the Commencement Date. From and after the date Tenant first accesses any portion of the demised premises, 2018, upon all of the condition provisions of this Lease (other than the obligation to pay rent) shall be applicable notwithstanding that the demised term has not yet commenced. Specifically, but without limitation, Tenant's and Landlord's obligations with respect to insurance and indemnities shall be operable as of the date Tenant pays rent thereforeaccesses any portion of the demised premises, and otherwise performs as in Tenant shall provide certificates of insurance for the insurance required of Tenant pursuant to Articles 9 and 10 of this Lease Agreement providesprior to accessing any portion of the demised premises. The Tenant shall indemnify Landlord reserves unto itself and all occupants of the building of which the demised premises (the "building") is a non-exclusive, perpetual Public Access Easement, to run with part against any and all claims arising out of Tenant's access and/or work or other activity in 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 Landlorddemised premises. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution such access and installation of this Agreement. Landlord hereby grants to Tenant, its management employees fixtures 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 additional charge (other than the rent herein) to Tenant, its management employees equipment will not interfere with 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 height delay Landlord's completion of the existing portside facility) barge (as defined Tenant Improvements and that any such delay caused by Iowa Code Chapter 99F (2005)) to extend such access or installation shall not more than delay 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 commencement of the Leased Premisesdemised term or the payment of rent hereunder.

Appears in 1 contract

Samples: Xtent Inc

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay Rent (as defined in Paragraph 4(g)), and in consideration of the rents herein reserved other terms, provisions and of the agreements and conditions herein containedcovenants hereof, on the part of the Tenant Landlord hereby leases to be kept and performedTenant, leases unto the Tenant and Tenant hereby rents and leases takes from LandlordLandlord the Premises designated on the Data Sheet, according to the terms and provisions herein, the following described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown crosshatched on Exhibit A the plan attached hereto (but specifically excluding as Exhibit A, which Premises are located in the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises)Building, legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, together with the improvements thereon and all rights, easements privileges, easements, appurtenances, and appurtenances thereto belongingimmunities belonging to or in any way pertaining to the Premises. TO HAVE AND TO HOLD the same for the Term, for provided, however, that in the event the Commencement Date is a term commencing at midnight of the day previous to date other than the first day of a calendar month, said Term shall be extended for said number of months in addition to the lease termremainder of the calendar month following the Commencement Date, and provided further that if Tenant begins to conduct business in all or any portion of the Premises before the Commencement Date, 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 this Lease, Tenant shall pay to Landlord a rental in respect of the period from the date Tenant begins to conduct business in the Premises to the Commencement Date, which rental shall be that proportion of Rent payable for the first year of the Term which the number of days in such period bears to 365. Notwithstanding the foregoing, if the Premises shall, on the 1st day of June, 2005, and ending at midnight on the last day scheduled Commencement Date of the lease termTerm, which shall not be on the 31st day of December, 2018, upon the condition that ready for occupancy by the Tenant pays rent thereforedue to the possession or occupancy thereof by any person not lawfully entitled thereto, or because construction has not yet been completed, or by reason of any Building operations, repair or remodeling to be done by Landlord, Landlord shall use good faith efforts to complete such construction, Building operations, repair or remodeling and otherwise performs as 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 Lease Agreement provides. The shall xxxxx until the date Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, is able to run with tender possession of 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 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 Premises to Tenant, its management employees which date shall be deemed the “Commencement Date;” and patrons during the term Term shall be automatically extended so as to include the full number of this Agreement months stated on the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no additional charge (Data Sheet except that if the Commencement Date is other than the rent herein) to Tenantfirst day of a calendar month, its management employees or patronssuch Term shall also be extended for the remainder of the calendar month in which possession is tendered. Tenant agrees that Tenant will require that all The taking of its employees shall park only in parking lots owned possession by Tenant or shall be deemed conclusively to establish that the Premises (a) have been completed 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 accordance with the height provisions of the existing portside facilityWork Letter Agreement attached hereto as Exhibit B, (b) barge are in good and satisfactory condition as of when possession was so taken and (as defined by Iowa Code Chapter 99F (2005)c) 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 consist of the Leased 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 letter to be in the form attached hereto as Exhibit E.

Appears in 1 contract

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

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements and conditions herein containedcovenants hereof, on the part of the Tenant Landlord hereby leases to be kept and performedTenant, leases unto the Tenant and Tenant hereby rents and leases takes from LandlordLandlord certain premises situated within the County of Hennepin, according to State of Minnesota, as shown outlined in red on the terms and provisions hereinplan attached hereto as EXHIBIT A (the "Premises"), which is located in a building or buildings (collectively, the following "Building") situated on the real property described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A EXHIBIT A-1 attached hereto (but specifically excluding the hydraulic lift located on Lot B"Property") and incorporated herein by this reference made a part hereof (the Leased Premises)reference, legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, together with the improvements thereon and all rights, easements privileges, easements, appurtenances, and appurtenances thereto belonging, immunities belonging to or in any way pertaining to the leased premises. TO HAVE AND TO HOLD the same for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, 2005"commencement date," as hereinafter defined, and ending February 28, 2009, unless sooner terminated as hereinafter provided. The commencement date shall be June 1, 2001. Taking of possession by Tenant shall be deemed conclusively to establish 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 condition of the Premises or the Building have been made by Landlord, unless such are expressly set forth in this lease. On or before such commencement date Tenant shall, upon demand, execute and deliver to landlord a letter of 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 midnight the rate of $13,061.60 per month for the period beginning on the commencement date and ending on the last day of the lease 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 31st 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 December, 2018, upon each calendar month succeeding 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 run 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 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 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 the property of Landlord, any remaining balance of such deposit shall be returned by Landlord to Tenant at such time after termination of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees that Tenant will require lease that all of its employees 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 park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants have no further liability to Tenant permission, subject with respect to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the 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 said deposit and support Tenant’s its 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 Premisesor return.

Appears in 1 contract

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

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements and conditions herein containedcovenants hereof, on the part of the Tenant Landlord hereby leases to be kept and performedTenant, leases unto the Tenant and Tenant hereby rents and leases takes from LandlordLandlord certain premises situated within the Country of Hennepin, according to State of Minnesota, as shown outlined in red in the terms and provisions hereinplan attached hereto as EXHIBIT A (the "Premises"), which is located in a building or buildings (collectively, the following "Building") situated on the real property described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A EXHIBIT B attached hereto (but specifically excluding the hydraulic lift located on Lot B"Property") and incorporated herein by this reference made a part hereof (the Leased Premises)reference, legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, together with the improvements thereon and all rights, easements privileges, easements, appurtenances, and appurtenances thereto belonging, immunities belonging to or in any way pertaining to the leased premises. TO HAVE AND TO HOLD the same for a term commencing at midnight of on the day previous to "commencement date", as hereinafter defined, and ending 60 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 lease termremainder of the calendar month following the "commencement date". [See Rider, which Article 28] The "commencement date" shall be on the 1st day of June, 2005, and ending at midnight on date upon which the last day of the lease term, which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as Premises have been substantially completed in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run accordance with the land, as shown Plans and Specifications described 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 EXHIBIT C attached hereto. Landlord shall notify Tenant in writing by as soon as Landlord deems the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement Premises to be completed and ready 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 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 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 bargeoccupancy. In the event that the Premises are not substantially completed in accordance with such Plans and Specifications, Tenant constructs shall notify Landlord in writing of its objections within five (5) days after Tenant receives such bargenotice. Landlord shall have a reasonable time after delivery of Tenant's 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 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 condition of the Premises or the Building have been made by Landlord, unless such are expressly set forth in this lease. On or before such "commencement date" Tenant shall, upon demand, execute and deliver to Landlord a letter of 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 Landlord has been substantially completed, the area upon which such barge is located shall become certificate of Landlord's architect or a part certificate of occupancy issued by the local governmental authority permitting occupancy of the Leased PremisesPremises shall be conclusive evidence of such completion, except for Tenant's miscellaneous punch list items, effective on the date of the delivery of any such certificate to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Sauer Inc)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases takes from LandlordLandlord certain premises situated within the County of Washoe, according to the terms and provisions hereinState of Nevada, the following more particularly described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A "A" attached hereto (but specifically excluding the hydraulic lift located on Lot B) and incorporated herein by this reference made a part hereof (the Leased Premises)reference, legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, together with the improvements thereon and all rights, easements privileges, easements, appurtenances, and appurtenances thereto belongingimmunities 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 said real property, building and improvements being hereinafter referred to as the "premises"). TO HAVE AND TO HOLD the same for a term commencing at midnight of on the day previous to "commencement date", as hereinafter defined, and ending 60 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 lease term, which remainder of the calendar month following the "commencement date". The "commencement date" shall be on the 1st day of June, 2005, date upon which the buildings and ending at midnight on the last day of the lease term, which shall other improvements erected and to be on the 31st day of December, 2018, erected upon the condition that the Tenant pays rent therefore, and otherwise performs as premises shall have been substantially completed in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run accordance with the land, as shown plans and specifications described on Exhibit A, for itself "B" attached hereto and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to incorporated herein by reference. Landlord shall notify Tenant in writing by the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement as soon as Landlord deems said buildings and other improvements to be completed and ready 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 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 occupancy as may be required by any other governmental entity, to construct a two-story (not to exceed the 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 bargeaforesaid. In the event that said buildings and other improvements have not in fact been substantially completed as aforesaid, Tenant constructs shall notify Landlord in writing of its objections. Landlord shall have a reasonable time after delivery of such bargenotice 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 premises have been made by Landlord, unless such are expressly set forth in this lease. After such "commencement date" Tenant shall, upon demand, execute and deliver to Landlord a letter of 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 Landlord, the area upon which such barge is located certificate of Landlord's architect or general contractor shall become a part of the Leased Premisesbe conclusive.

Appears in 1 contract

Samples: Lease Agreement (Glacier Corp)

Premises and Term. The Landlord, in In consideration of the rents herein reserved mutual obligations of Landlord and of the agreements and conditions herein containedTenant set forth herein, on the part of the Tenant Landlord leases to be kept and performedTenant, leases unto the Tenant and Tenant hereby rents 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, according commonly known as 659-699 Supreme Drive, and consisting of approximately 69,960 square feet (the “Premises”), contained within a building consisting of approximately 85,326 square feet (the “Building”) to have and to hold, subject to the terms terms, covenants and provisions 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”), 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 Substantial Completion Date (also known as the “Rent Commencement Date”). As used herein, the following described real estateterm “substantially completed” shall mean, situated that in Dubuque County, Iowa, the opinion of the architect that prepared the plans pertaining to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof Landlord Improvements (the Leased Premises“Architect”), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, such Improvements have been completed in accordance with the improvements thereon and all rightsrequirements of this Lease, easements and appurtenances thereto belongingsubject only to completion of minor punch list items. As soon as the Landlord Improvements have been substantially completed, for a term commencing at midnight of the day previous to the first day of the lease term, which Landlord shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, which shall be on the 31st day of December, 2018, upon the condition notify Tenant in writing that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement providesSubstantial Completion Date has occurred. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with In 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 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 event 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 additional charge (other than the rent herein) to Tenantemployees, its management employees agents 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 height contractors cause construction of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) Landlord Improvements to extend be delayed, the Substantial Completion Date shall be deemed to be the date that, in the opinion of the Architect, substantial completion would have occurred if such delays had not more than taken place. The parties estimate that the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers Substantial Completion Date shall be between May 1, 2004 and May 15, 2004, but in no event more than 150 feet from 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 “Relocation Payment”). The Relocation Payment shall be paid to Tenant within ten (10) business days after receipt of the foregoing notice. Tenant acknowledges that, subject to Tenant’s current dock facility into review and approval of the Ice HarborLandlord 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 Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord (unless otherwise expressly set forth in this Lease). Landlord cannot, using good faith efforts, deliver possession of the Premises prior to the estimated Substantial Completion Date above recited, 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 cooperate with 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 “Substantial Completion Date”. After the Substantial Completion Date, Tenant shall, upon demand, execute and support Tenant’s application deliver to other governmental entities for any required permission for such barge. In Landlord a letter of acceptance of delivery of the event Tenant constructs such bargePremises 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 the Premises and deliver the same in 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 upon which such barge is located shall become a part identified on attached Exhibit “A”. • Installation of handicap ramp in the Leased Premisesarea shown on attached Exhibit “A”. • Installation of riser and stand pipes.

Appears in 1 contract

Samples: Lease Agreement (Zones Inc)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof. Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents 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, according to the terms and provisions herein, the following described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, together with the improvements thereon and all rights, easements privileges, easements, appurtenances, and appurtenances thereto belongingimmunities belonging to or in any way pertaining to the premises. If the premises consist of the entire leasable area of the building shown on EXHIBIT "A", then the premises include such entire building with all land and improvements shown on EXHIBIT "A" (such entire building, land and improvements being called the "Project"). TO HAVE AND TO HOLD the same for a term commencing at midnight on April 1, 1999 and ------------- ending Sixty (60) months thereafter. Tenant acknowledges that it has inspected --------- and accepts the premises, and specifically the buildings and improvements compromising the same, 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 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 day previous 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 first day 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 lease termpremises at such time as Landlord is able to tender the same, which date shall thenceforth be on deemed the 1st day of June, 2005"commencement date", and ending at midnight on Landlord hereby waives payment of rent covering any period prior to the last day 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 lease term, 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 providespremises. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run 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 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 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 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 Premises2.

Appears in 1 contract

Samples: Agreement (Metasolv Inc)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay said rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedLeases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents accepts and leases Leases from LandlordLandlord certain Premises situated within the County of Shelby, according State of Tennessee, located on real property known as 0000 Xxxxxxx Xxxx Xxxx, Xxxxxxx, Xxxxxxxxx 00000, said leased space being more particularly described on floorplan attached hereto on Exhibit "A" and incorporated herein by reference, and consisting of approximately 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 the terms and provisions hereinpublic roads, the following described real estatewalkways, situated in Dubuque Countyhallways, Iowasidewalks, to wit: The patio area (Parcel B) parking as shown on Exhibit A site plan attached hereto (but specifically excluding as Exhibit "F" and incorporated herein by reference for Tenant's proposed usage and all common areas adjacent to or serving said leased space or the hydraulic lift building in which said leased space is located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements privileges, easements, appurtenances and appurtenances thereto belongingimmunities 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 "Premises"). The Premises are located on real estate legally described on Exhibit "A" (the "Real Estate"). TO HAVE AND TO HOLD the same for a term commencing at midnight on the earlier of: (i) December, 1 1996; or (ii) the date Tenant occupies the Premises for Tenant's use herein, ("Commencement Date") and ending November, 30, 2006 ("Termination Date"). 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 and when possession was taken. Tenant further acknowledges that no representations as to the repair of the day previous Premises, nor promises to alter, remodel or improve the first day of Premises have been made by Landlord, unless such are expressly set forth in this Lease. For the purposes hereof a lease term, which year shall be on the 1st day of June, 2005, a calendar year concluding December 31 and ending at midnight on the last day of the a partial lease term, which year shall be on from the 31st day of December, 2018, upon Commencement Date until December 31 or January 1 until 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 run 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 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 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 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 PremisesTermination Date.

Appears in 1 contract

Samples: Lease Agreement (Bway Corp)

Premises and Term. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant Landlord hereby leases to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from LandlordLandlord that certain space (the "PREMISES") consisting of the entire rentable area on the sixteenth (16th) floor (consisting of 20,667 rentable square feet) (the "SIXTEENTH FLOOR PREMISES") and the entire rentable area on the seventeenth (17th) floor (consisting of 20,667 rentable square feet) (the "SEVENTEENTH FLOOR PREMISES"), according in the building known as Union Tower (the "BUILDING"), located at 000 Xxxx Xxx Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (the "PROPERTY," as further described in Article 25), subject to the terms and provisions hereinherein 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 following described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which Term shall be end on the 1st day of June, 2005, and ending at midnight on date that is the last day of the lease term120th full calendar month following the Commencement Date, which unless sooner terminated as provided herein. If Tenant exercises the Expansion Option (as defined in Article 41), the Term shall be end on the 31st date that is the last day of Decemberthe 120th full calendar month following the Expansion Space Commencement Date (as defined in Article 41), 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs unless sooner terminated as in provided herein. The applicable date on which this Lease Agreement provides. ends is referred to herein as the "EXPIRATION DATE," The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run 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 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 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 the non-exclusive privilege to park in Parking Lots 1 between Landlord and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenant, its management employees or patronsentered into contemporaneously herewith). Tenant agrees that Tenant will require that all The Term 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 entitythis Lease with respect, to construct a two-story the Seventeenth Floor Premises shall commence on the date (not the Seventeenth Floor Commencement Date") which is the earlier to exceed occur of (i) the height "SEVENTEENTH FLOOR DELIVERY DATE," or (ii) "Substantial Completion" of the existing portside facility) barge "Seventeenth Floor Work" (as such terms are defined in the Work Agreement). Promptly after Landlord Substantially Completes the Sixteenth Floor Work and the Seventeenth Floor Work, Landlord and Tenant shall execute and deliver to each 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, then promptly after Landlord Substantially Completes the "Expansion Space Work" (as defined by Iowa Code Chapter 99F (2005in Article 41)) , Landlord and Tenant shall execute and deliver to extend not more than each other an additional supplement to this Lease in the maximum permitted by form attached as Exhibit E confirming 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 HarborCommencement Date and revised Expiration Date. Landlord agrees and Tenant agree that for purposes of this Lease, the rentable area of the Premises is 41,334 square feet and the rentable area of the Property is 332,608 square feet. The rentable area of the Premises shall increase to cooperate with and support Tenant’s application to other governmental entities for any required permission for such barge. In 62,001 square feet in the event that Tenant constructs such barge, exercises the area upon which such barge is located shall become a part of the Leased PremisesExpansion Option (as defined in Article 41).

Appears in 1 contract

Samples: Office Lease (Participate Com Inc)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases takes from LandlordLandlord certain premises situated within the County of Dallas, according to the terms and provisions hereinState of Texas, the following more particularly described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A “A”, which is attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises)hereof, legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, together with the improvements thereon and all rights, easements privileges, easements, appurtenances and appurtenances thereto belonging, 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 said real property and the buildings and improvements thereon being hereinafter referred to as the “premises”). To Have and to Hold the same for a term commencing at midnight of on the day previous to “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, 2020. 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 (ii) as otherwise expressly provided in this lease. Subject thereto, 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 premises, nor promises to alter, remodel or improve the premises have been made by Landlord, unless such are expressly set forth in this lease. If this lease termis 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 said “commencement date”, Landlord shall not be deemed to be in default hereunder, 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 on deemed the 1st day of June, 2005“commencement date”, and ending at midnight on Landlord hereby waives payment of rent covering any period prior to the last day 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 termis a commitment of Tenant’s current revenue only. Notwithstanding any provision herein to the contrary, which shall be on the 31st day Board of December, 2018, upon Trustees of Tenant retains the condition that the Tenant pays rent therefore, and otherwise performs as in continuing right to terminate this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with at 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 agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution expiration of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons each budget period during the term of this Agreement lease including all renewals and extensions of said term. The effective date of such termination shall be the non-exclusive privilege last day of Tenant’s budget period (currently June 30th) following advance written notice thereof to park Landlord. Additionally, Tenant shall provide Landlord reasonable written notice of any change in Parking Lots 1 Tenant’s fiscal year. Upon the effective date of termination, all rights and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenantobligations hereunder shall cease and terminate, its management employees or patrons. Tenant agrees that Tenant will require that all except for any liabilities of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garageLandlord which accrued prior to lease termination and those that expressly survive expiration or termination of this lease. Landlord hereby grants Tenant’s right to terminate this lease pursuant to this paragraph is personal to Tenant permission, subject and may not be assigned to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the 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 Premisesparty.

Appears in 1 contract

Samples: Lease Agreement

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