Common use of Premises Defined Clause in Contracts

Premises Defined. Landlord leases to Tenant and Tenant hires from Landlord on the terms and conditions contained in this Lease the Premises specified in the Basic Lease Information. Tenant and Landlord accept the Rentable Area of the Building, Initial Premises and Committed Expansion Premises, as specified in the Basic Lease Information as the accurate Rentable Area of such areas and such areas shall not be subject to recalculation. Landlord and Tenant agree that the square footage of any additional space that is added to the Premises over the first one hundred twenty (120) months of the Lease Term shall be calculated, by Landlord, in accordance with BOMA Standards [ANSI-Z65.1[1996]] for calculating useable square footage and that a load factor of fourteen and 41/100 percent (14.41%) shall be added thereto to arrive at the Rentable Area of such additional area. All areas, other than those specified in the previous sentence, that are added to this Lease after the over the first one hundred twenty (120) months of the Lease Term and become a part of the Premises shall be measured in accordance with then applicable BOMA standards for measuring rentable square feet. The term "Premises" shall mean all space that is occupied by the Tenant from time to time during the Term of this Lease or space which has been tendered to the Tenant by Landlord pursuant to the terms of this Lease and on which Tenant is obligated to pay Base Rent (subject to any free rent periods or rental abatement provided for herein) and shall also include any space added to this Lease over the Term hereof. The term "Initial Premises" is also used herein to mean all of the space in the Building that is occupied by the Tenant as of the date hereof. The terms "common area" and "common areas" shall mean spaces, facilities, and installations such as toilets, janitor, telephone, electrical, and mechanical rooms and closets, trash facilities, stairs, public lobbies, corridors and other circulation areas, wherever located in the Building. The Building, the real property upon which the Building stands, common areas, drives, parking areas, walkways and other amenities appurtenant to or servicing the Building, are herein sometimes collectively called the "Real Property." Without in any way limiting or expanding the definition of Premises, the Tenant shall have the right during the term of this Lease to use on a non-exclusive basis and in the manner and to the extent presently used by the Tenant as of the date hereof, the loading dock in the Building and the reception desk (which Tenant may use on an exclusive basis) and reception area presently used by Tenant on the ground floor of the building known as 4305

Appears in 1 contract

Samples: Office Lease (Peoplesoft Inc)

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Premises Defined. Landlord hereby leases to Tenant Tenant, and Tenant hires hereby leases from Landlord on Landlord, upon the terms and conditions contained hereinafter set forth, those certain premises and improvements consisting of the floor area and the location described in this the Lease Summary and designated on the plans attached hereto as Exhibit A (hereinafter referred to as the “Premises”). The Premises comprise all of the interior space within the building known as Building C (the “Building”) which is part of that certain real estate development situated in the City of Xxxxxxx, County of King, State of Washington and located upon the real property described in Exhibit B (the “Project”). As used herein, the terms “Rentable Square Feet” and “Useable Square Feet” shall be determined in accordance with the 1996 Building Owner’s and Manager’s Association Standard Method for Measuring Floor Area in Office Buildings, Publication ANSI/BOMA Z65.1-1996 (“1996 BOMA”). The Premises contains the number of Rentable Square Feet and Useable Square Feet specified in the Basic Lease Information. Tenant Summary and Landlord accept the Rentable Area of the Building, Initial Premises and Committed Expansion Premises, as specified in the Basic Lease Information as the accurate Rentable Area of such areas and such areas no economic terms based thereon shall not be subject to recalculationrevision. With respect to the Project, Landlord and Tenant agree that may re-measure the Rentable Square Feet in the Project using a licensed architect upon the addition or removal of square footage in the Project (including the addition of new buildings or the removal of existing buildings); provided, however, any change in the square footage of the Project shall not result in a material increase in Tenant’s Additional Rent obligations. Until any additional such re-measurement is made, the number of Project Rentable Square Feet and Useable Square Feet of space that is added shown in the Lease Summary shall control. Landlord shall notify Tenant of any adjustment to the Premises over Rentable Square Feet in the first one hundred twenty Project (120the “Adjustment Notice”) months upon Landlord’s architect’s determination of the same. In the event such determination results in a change in the numbers shown in the Lease Term Summary, then all matters which are based on such numbers shall be calculated, adjusted based on Landlord’s architect’s determination and such adjustments shall be included in Landlord’s Adjustment Notice. If Tenant objects to any adjustment made by Landlord, Tenant shall notify Landlord in accordance with BOMA Standards [ANSI-Z65.1[1996]] for calculating useable square footage writing of such objection within thirty (30) days of Tenant’s receipt of the Adjustment Notice and that a load factor of fourteen and 41/100 percent (14.41%) failure by Tenant to provide such written objection shall be added thereto deemed to arrive at the Rentable Area of such additional area. All areas, other than those specified in the previous sentence, that are added to this Lease after the over the first one hundred twenty (120) months of the Lease Term and become a part of the Premises shall be measured in accordance with then applicable BOMA standards for measuring rentable square feet. The term "Premises" shall mean all space that is occupied by the Tenant from time to time during the Term of this Lease or space which has been tendered to the Tenant by Landlord pursuant to the terms of this Lease and on which Tenant is obligated to pay Base Rent (subject to any free rent periods or rental abatement provided for herein) and shall also include any space added to this Lease over the Term hereof. The term "Initial Premises" is also used herein to mean all of the space in the Building that is occupied by the Tenant as of the date hereof. The terms "common area" and "common areas" shall mean spaces, facilities, and installations such as toilets, janitor, telephone, electrical, and mechanical rooms and closets, trash facilities, stairs, public lobbies, corridors and other circulation areas, wherever located in the Building. The Building, the real property upon which the Building stands, common areas, drives, parking areas, walkways and other amenities appurtenant to or servicing the Building, are herein sometimes collectively called the "Real Property." Without in any way limiting or expanding the definition of Premises, the Tenant shall have the right during the term of this Lease to use on a non-exclusive basis and in the manner and to the extent presently used by the Tenant as of the date hereof, the loading dock in the Building and the reception desk (which Tenant may use on an exclusive basis) and reception area presently used acceptance by Tenant on the ground floor of the building known as 4305Landlord’s Adjustment Notice.

Appears in 1 contract

Samples: Office Lease Agreement (Concur Technologies Inc)

Premises Defined. Landlord leases to Tenant and Tenant hires from Landlord on the terms and conditions contained in this Lease the Premises specified in the Basic Lease Information. Tenant and Landlord accept the Rentable Area of the Building, Initial Premises and Committed Expansion Premises, as specified in the Basic Lease Information as the accurate Rentable Area of such areas and such areas shall not be subject to recalculation. Landlord and Tenant agree that the square footage of any additional space that is added to the Premises over the first one hundred twenty (120) months of the Lease Term shall be calculated, by Landlord, in accordance with BOMA Standards [ANSI-Z65.1[1996]] for calculating useable square footage and that a load factor of fourteen and 41/100 percent (14.41%) shall be added thereto to arrive at the Rentable Area of such additional area. All areas, other than those specified in the previous sentence, that are added to this Lease after the over the first one hundred twenty (120) months of the Lease Term and become a part of the Premises shall be measured in accordance with then applicable BOMA standards for measuring rentable square feet. The term "Premises" shall mean all space that means Tenant's suite, as identified in Section 1.1 above, which is occupied by located within Colonial Bank Plaza at Summerlin Center Professional Park, with an address of 5000 Xxxxxrlin Commons Boulevard, Ft. Myers, Florida (the Tenant from time "Xxxxxx Xxxxxxxx"), to time during the Term of this Lease or space which has been tendered to the Tenant by be constructex xx Landlord pursuant to the terms of this Lease and on which Tenant is obligated to pay Base Rent (subject to any free rent periods or rental abatement provided for herein) and shall also include any space added to this Lease over the Term hereof. The term "Initial Premises" is also used herein to mean all of the space in the Building that is occupied by the Tenant as of the date hereof. The terms "common area" and "common areas" shall mean spaces, facilities, and installations such as toilets, janitor, telephone, electrical, and mechanical rooms and closets, trash facilities, stairs, public lobbies, corridors and other circulation areas, wherever located in the Building. The Building, upon the real property upon which the Building stands, common areas, drives, parking areas, walkways and other amenities appurtenant to or servicing the Building, are herein sometimes collectively called described on Exhibit "A" hereto (the "Real Property."), in accordance with the site plan attached as Exhibit "B" Without hereto. The Premises shall consist of three (3) floors having the approximate dimensions and square footage as stated in any way limiting or expanding Section 1.1 as shown on the definition floor plans of the Office Building, which are attached as Exhibit "C" to this Lease. For purposes of this Lease, the term Rentable Square Footage shall mean the usable square footage of the Premises, determined in accordance with BOMA standards, plus a common area factor based upon the ratio of usable floor area and total floor area of the floor on which the Premises are located, as certified by Landlord's architect or engineer. Prior to the Commencement Date, Landlord shall furnish Tenant with a statement from Landlord's architect or engineer certifying the as-built measurements of the Premises. In the event that the Premises are determined to contain more or less Rentable Square Footage than indicated in Section 1.1 of this Lease, then the Base Rent shall be adjusted based upon the actual Rentable Square Footage and the rental rates set forth in Section 1.1, above. The Premises shall not include any space above the interior surface of the ceiling as it exists on the Commencement Date of the Term. Tenant shall have the right during the term of this Lease to use on a non-exclusive basis right to use space above the interior surface of the ceiling and within and behind the walls constituting or surrounding the Premises for wiring, piping, lines, sprinkler systems, communication systems, security systems, mechanical and other systems serving the Premises or used in connection with Tenant's business, as determined by Tenant. Landlord shall construct the Office Building and site improvements (including, but not limited to, all parking, driveway, sidewalks, landscaping and other improvements) and perform Landlord's Work as set forth on Exhibit "E" attached hereto in substantial compliance with the architectural drawings, floor plans, site plans and Office Building plans and specifications provided to Tenant, and in the manner compliance with all zoning and to the extent presently used by the Tenant as other laws, rules, regulations, orders and ordinances of the date hereof, the loading dock in the Building and the reception desk (which Tenant may use on an exclusive basis) and reception area presently used by Tenant on the ground floor of the building known as 4305all governmental authorities.

Appears in 1 contract

Samples: Findwhat Com Inc

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Premises Defined. Landlord leases to Tenant and Tenant hires from Landlord on the terms and conditions contained in this Lease the Premises specified in the Basic Lease Information. Tenant and Landlord accept the Rentable Area of the Building, Initial Premises and Committed Expansion Premises, as specified in the Basic Lease Information as the accurate Rentable Area of such areas and such areas shall not be subject to recalculation. Landlord and Tenant agree that the square footage of any additional space that is added to the Premises over the first one hundred twenty (120) months of the Lease Term shall be calculated, by Landlord, in accordance with BOMA Standards [ANSI-Z65.1[1996]] for calculating useable square footage and that a load factor of fourteen and 41/100 percent (14.41%) shall be added thereto to arrive at the Rentable Area of such additional area. All areas, other than those specified in the previous sentence, that are added to this Lease after the over the first one hundred twenty (120) months of the Lease Term and become a part of the Premises shall be measured in accordance with then applicable BOMA standards for measuring rentable square feet. The term "Premises" shall mean all space that means Tenant's suite, as identified in Section 1.1 above, which is occupied by located within Colonial Bank Plaza at Xxxxxxxxx Center Professional Park, with an address of 0000 Xxxxxxxxx Xxxxxxx Boulevard, Ft. Xxxxx, Florida (the Tenant from time "Office Building"), to time during the Term of this Lease or space which has been tendered to the Tenant be constructed by Landlord pursuant to the terms of this Lease and on which Tenant is obligated to pay Base Rent (subject to any free rent periods or rental abatement provided for herein) and shall also include any space added to this Lease over the Term hereof. The term "Initial Premises" is also used herein to mean all of the space in the Building that is occupied by the Tenant as of the date hereof. The terms "common area" and "common areas" shall mean spaces, facilities, and installations such as toilets, janitor, telephone, electrical, and mechanical rooms and closets, trash facilities, stairs, public lobbies, corridors and other circulation areas, wherever located in the Building. The Building, upon the real property upon which the Building stands, common areas, drives, parking areas, walkways and other amenities appurtenant to or servicing the Building, are herein sometimes collectively called described on Exhibit "A" hereto (the "Real Property."), in accordance with the site plan attached as Exhibit "B" Without hereto. The Premises shall consist of three (3) floors having the approximate dimensions and square footage as stated in any way limiting or expanding Section 1.1 as shown on the definition floor plans of the Office Building, which are attached as Exhibit "C" to this Lease. For purposes of this Lease, the term Rentable Square Footage shall mean the usable square footage of the Premises, determined in accordance with BOMA standards, plus a common area factor based upon the ratio of usable floor area and total floor area of the floor on which the Premises are located, as certified by Landlord's architect or engineer. Prior to the Commencement Date, Landlord shall furnish Tenant with a statement from Landlord's architect or engineer certifying the as-built measurements of the Premises. In the event that the Premises are determined to contain more or less Rentable Square Footage than indicated in Section 1.1 of this Lease, then the Base Rent shall be adjusted based upon the actual Rentable Square Footage and the rental rates set forth in Section 1.1, above. The Premises shall not include any space above the interior surface of the ceiling as it exists on the Commencement Date of the Term. Tenant shall have the right during the term of this Lease to use on a non-exclusive basis right to use space above the interior surface of the ceiling and within and behind the walls constituting or surrounding the Premises for wiring, piping, lines, sprinkler systems, communication systems, security systems, mechanical and other systems serving the Premises or used in connection with Tenant's business, as determined by Tenant. Landlord shall construct the Office Building and site improvements (including, but not limited to, all parking, driveway, sidewalks, landscaping and other improvements) and perform Landlord's Work as set forth on Exhibit "E" attached hereto in substantial compliance with the architectural drawings, floor plans, site plans and Office Building plans and specifications provided to Tenant, and in the manner compliance with all zoning and to the extent presently used by the Tenant as other laws, rules, regulations, orders and ordinances of the date hereof, the loading dock in the Building and the reception desk (which Tenant may use on an exclusive basis) and reception area presently used by Tenant on the ground floor of the building known as 4305all governmental authorities.

Appears in 1 contract

Samples: Office Building Lease (Inuvo, Inc.)

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