Common use of Premises Defined Clause in Contracts

Premises Defined. The term "Premises" means Tenant's suite, as identified in Section 1.1 above, which is located within Colonial Bank Plaza at Summerlin Center Professional Park, with an address of 5000 Xxxxxrlin Commons Boulevard, Ft. Myers, Florida (the "Xxxxxx Xxxxxxxx"), to be constructex xx Landlord upon the real property described on Exhibit "A" hereto (the "Real Property"), in accordance with the site plan attached as Exhibit "B" hereto. The Premises shall consist of three (3) floors having the approximate dimensions and square footage as stated in Section 1.1 as shown on the 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 non-exclusive 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 compliance with all zoning and other laws, rules, regulations, orders and ordinances of all governmental authorities.

Premises Defined. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms and conditions hereinafter set forth, those certain premises and improvements consisting of the floor area and the location described in the Lease Summary and designated on the plans attached hereto as Exhibit A (hereinafter referred to as the “Premises”). The term "Premises" means Tenant's suite, Premises comprise all of the interior space within the building known as identified in Section 1.1 above, 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 within Colonial Bank Plaza at Summerlin Center Professional Park, with an address of 5000 Xxxxxrlin Commons Boulevard, Ft. Myers, Florida (the "Xxxxxx Xxxxxxxx"), to be constructex xx Landlord upon the real property described on in Exhibit "A" hereto B (the "Real Property"“Project”). As used herein, the terms “Rentable Square Feet” and “Useable Square Feet” shall be determined in accordance with the site plan attached as Exhibit "B" hereto1996 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 Lease Summary and no economic terms based thereon shall consist be subject to revision. With respect to the Project, Landlord may re-measure the Rentable Square Feet in the Project using a licensed architect upon the addition or removal of three (3) floors having the approximate dimensions and square footage as stated in Section 1.1 as shown on the floor plans Project (including the addition of new buildings or the Office Buildingremoval of existing buildings); provided, which are attached as Exhibit "C" to this Lease. For purposes of this Leasehowever, any change in the term Rentable Square Footage shall mean the usable square footage of the PremisesProject shall not result in a material increase in Tenant’s Additional Rent obligations. Until any such re-measurement is made, determined the number of Project Rentable Square Feet and Useable Square Feet of space shown in accordance with BOMA standards, plus a common area factor based the Lease Summary shall control. Landlord shall notify Tenant of any adjustment to the Rentable Square Feet in the Project (the “Adjustment Notice”) upon the ratio of usable floor area and total floor area Landlord’s architect’s determination 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 Premisessame. In the event that such determination results in a change in the Premises are determined to contain more or less Rentable Square Footage than indicated numbers shown in Section 1.1 of this Leasethe Lease Summary, then the Base Rent all matters which are based on such numbers shall be adjusted based upon the actual Rentable Square Footage on Landlord’s architect’s determination and the rental rates set forth such adjustments shall be included in Section 1.1Landlord’s Adjustment Notice. If Tenant objects to any adjustment made by Landlord, above. The Premises Tenant shall not include any space above the interior surface notify Landlord in writing of such objection within thirty (30) days of Tenant’s receipt of the ceiling as it exists on the Commencement Date Adjustment Notice and failure by Tenant to provide such written objection shall be deemed to be an acceptance by Tenant of the Term. Tenant shall have the non-exclusive 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 compliance with all zoning and other laws, rules, regulations, orders and ordinances of all governmental authorities’s Adjustment Notice.

Premises Defined. The term "Premises" means Tenant's suite, as identified in Section 1.1 above, which is located within Colonial Bank Plaza at Summerlin Xxxxxxxxx Center Professional Park, with an address of 5000 Xxxxxrlin Commons 0000 Xxxxxxxxx Xxxxxxx Boulevard, Ft. MyersXxxxx, Florida (the "Xxxxxx XxxxxxxxOffice Building"), to be constructex xx constructed by Landlord upon the real property described on Exhibit "A" hereto (the "Real Property"), in accordance with the site plan attached as Exhibit "B" hereto. The Premises shall consist of three (3) floors having the approximate dimensions and square footage as stated in Section 1.1 as shown on the 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 non-exclusive 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 compliance with all zoning and other laws, rules, regulations, orders and ordinances of all governmental authorities.

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" means Tenant's suiteshall 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 identified toilets, janitor, telephone, electrical, and mechanical rooms and closets, trash facilities, stairs, public lobbies, corridors and other circulation areas, wherever located in Section 1.1 abovethe Building. The Building, which is located within Colonial Bank Plaza at Summerlin Center Professional Park, with an address of 5000 Xxxxxrlin Commons Boulevard, Ft. Myers, Florida (the "Xxxxxx Xxxxxxxx"), to be constructex xx Landlord upon the real property described on Exhibit "A" hereto (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 accordance with any way limiting or expanding the site plan attached as Exhibit "B" hereto. The Premises shall consist definition of three (3) floors having the approximate dimensions and square footage as stated in Section 1.1 as shown on the floor plans of the Office Building, which are attached as Exhibit "C" to this Lease. For purposes of this LeasePremises, 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 right basis and in the manner and to use space above the interior surface extent presently used by the Tenant as of the ceiling and within and behind date hereof, the walls constituting or surrounding loading dock in 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 the reception desk (including, but not limited to, all parking, driveway, sidewalks, landscaping and other improvementswhich Tenant may use on an exclusive basis) and perform Landlord's Work reception area presently used by Tenant on the ground floor of the building known 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 compliance with all zoning and other laws, rules, regulations, orders and ordinances of all governmental authorities.4305