Premises, Term and Purpose. (a) Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, the Demised Premises located in the Building for the Term commencing on the “Commencement Date” as defined in Subparagraph (b) of this Paragraph 1, and ending on the Expiration Date, or such earlier date upon which the Term may expire or be terminated pursuant to the provisions of this Lease or pursuant to Law. (b) For purposes of this Lease the commencement date shall be the date this Lease Agreement is fully executed by the parties hereto (the “Commencement Date”). (c) The Demised Premises shall be used by Tenant for the Permitted Use and for no other use or purpose. Tenant shall not use or occupy the Demised Premises or any part thereof, for any purpose deemed unlawful, disreputable, or extra-hazardous on account of fire or other casualty, or for any purposes which shall impair the character of the Building. Tenant, at its sole cost and expense shall obtain any consents, licenses, permits or approvals required to conduct its business at the Demised Premises. (d) The “Common Areas” of the Property shall be those parts of the Building and other improvements designated by Landlord from time to time for the common use of all tenants, including among other facilities, halls, elevator and other lobbies, delivery passages, drinking fountains, telephone closets, janitorial closets and other similar facilities, public toilets, cafeteria and the like, and all garages, loading docks, parking lots, service buildings or similar improvements operated, owned or maintained, in whole or in part, by Landlord, and all parkways, drives, green spaces, parks, fountains or other facilities owned, operated or maintained, in whole or in part, by Landlord, or otherwise made available by Landlord for use by all tenants of the Property, whether used in conjunction with the use of such space by the occupants of other buildings or used exclusively by tenants of the Property, all of which facilities shall be subject to Landlord’s reasonable management and control and shall be operated and maintained for the benefit of all tenants in a first class manner. Tenant, and its employees and invitees, shall have the non-exclusive right to use the Common Areas, such use to be in common with Landlord, other tenants of the Property and other persons entitled to use the same.
Appears in 3 contracts
Samples: Lease Agreement (Reliant Pharmaceuticals, Inc.), Lease Agreement (Reliant Pharmaceuticals, Inc.), Lease Agreement (Reliant Pharmaceuticals, Inc.)
Premises, Term and Purpose. (a) Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, Landlord the Demised Premises located in the Building Building, together with the non-exclusive right to use any pedestrian easements and/or vehicular easements that may exist from time to time for the benefit of tenants of the Building, together with all other Common Areas, as defined in Paragraph 1(d), for the Term commencing on the “Commencement Date” , as defined in Subparagraph subparagraph (b) of this Paragraph 1, and ending on the Expiration Date, or such earlier date upon which the Term may expire or be terminated pursuant to the provisions of this Lease or pursuant to Lawlaw. The parcel of land on which the Building is located ("Land") is known and designated as Xxx 0, Xxxxx 0000 on the tax maps of the Town of Morristown.
(b) For purposes of this Lease the commencement date "Commencement Date" shall be the date this Lease Agreement is fully executed by on which the parties hereto Commencement Date occurs with respect to the third (3rd) and fourth (4th) floors of the “Commencement Date”Building, pursuant to the provisions of Paragraph 4(b).
(c) The Demised Premises shall be used by Tenant for the Permitted Use and for no other use or purpose. Tenant shall be permitted to conduct occasional client oriented training classes at the Demised Premises, provided that the number of visitors attending such classes can be accommodated in Tenant's parking area. The Permitted Use shall not be deemed to include the following uses which are expressly prohibited: governmental offices; drive-up facility; educational, training, or similar classes for members of the general public; union offices; medical or similar treatments; xxxxxx or beauty parlor; gaming or political activities; pornographic; employment, recruiting, or placement activities (except executive search and similar activities in the ordinary course of Tenant's business); retail or wholesale sale and delivery of goods; repairing, servicing, or receiving for repair or service; and any other use or uses that are of the same or similar nature or character. Tenant shall not use or occupy the Demised Premises or any part thereof, thereof for any purpose deemed unlawful, disreputable, or extra-hazardous on account of fire or other casualty, casualty or for any purposes which that shall impair the character of the BuildingBuilding as reasonably determined by Landlord. Tenant, at its sole cost and expense expense, shall obtain any consents, licenses, permits permits, or approvals required or obtainable in normal course to conduct its business at the Demised Premises.
(d) The “Common Areas” of the Property shall be those parts of the Building and other improvements designated by Landlord from time to time for the common use of all tenants, including among other facilities, halls, elevator and other lobbies, delivery passages, drinking fountains, telephone closets, janitorial closets and other similar facilities, public toilets, cafeteria and the like, and all garages, loading docks, parking lots, service buildings or similar improvements operated, owned or maintained, in whole or in part, by Landlord, and all parkways, drives, green spaces, parks, fountains or other facilities owned, operated or maintained, in whole or in part, by Landlord, or otherwise made available by Landlord for use by all tenants of the Property, whether used in conjunction with the use of such space by the occupants of other buildings or used exclusively by tenants of the Property, all of which facilities shall be subject to Landlord’s reasonable management and control and shall be operated and maintained for the benefit of all tenants in a first class manner. Tenant, and its employees and invitees, shall have the non-exclusive right to use the Common Areas, such use to be in common with Landlord, other tenants of the Property and other persons entitled to use the same.
Appears in 1 contract
Premises, Term and Purpose. (a) Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, the Demised Premises located in Premises, for a term commencing upon the Building for the Term commencing on the “Commencement Date” as defined in Subparagraph (b) of this Paragraph 1, Date and ending on the Expiration DateDate (the “Term”), or such earlier date upon which the Term may expire or be terminated pursuant to the provisions of this Lease or pursuant to Lawapplicable Laws.
(b) For purposes Tenant acknowledges and agrees that the Premises is currently vacant and in broom clean condition. If Landlord has not delivered the Premises to Tenant with the Landlord’s Tenant Improvement Work complete on or before January 15, 2020 (provided, however, that such failure is not the result of Tenant Delay or Force Majeure), then for each day that passes thereafter until the date on which Landlord delivers the Premises to Tenant, Tenant shall receive a one (1) day credit of Fixed Rent; and provided, further, that if Landlord has not delivered the Premises to Tenant on or before the date which is forty-five (45) days after the Commencement Date, then Tenant may terminate this Lease by sending written notice of termination to Landlord prior to Landlord delivering the commencement date Premises to Tenant. As used herein Tenant Delay shall be the date this Lease Agreement is fully executed mean any delay caused by the parties hereto (the “Commencement Date”)interference of Tenant, or its officers, directors, employees, contractors or invitees.
(c) Upon commencement of the Term, Landlord shall provide Tenant with a commencement memorandum in the form attached hereto as Exhibit B, confirming the Commencement Date, the Expiration Date and such other matters as are set forth therein.
(d) The Demised Premises shall be used by Tenant solely for the Permitted Use and for no other use or purpose. Tenant shall not use or occupy the Demised Premises or any part thereof, thereof for any purpose deemed unlawful, disreputable, that is unlawful or which is extra-hazardous on account of fire or other casualty, or for any purposes purpose which shall shall, in Landlord’s reasonable judgment, adversely impair the character of the Building. Tenant, at its sole cost and expense expense, shall obtain any and maintain all consents, licenses, permits or approvals required to conduct its business at the Demised Premises. Provided that Landlord has previously provided Tenant with copies of Landlord’s insurance policies, Tenant shall not do or permit to be done anything which shall invalidate the insurance policies carried by Landlord. Tenant shall pay the entirety of any increase in the property insurance premium for the Building if the increase is specified by Landlord’s insurance carrier as being caused solely by the nature of Tenant’s occupancy or any act or omission of Tenant.
(de) The “Common Areas” of the Property Building shall be those parts of the Building and other facilities or improvements designated owned, operated or maintained by Landlord and designated, in whole or in part, from time to time by Landlord for the common general, nonexclusive use of all tenantstenants and occupants of the Building, including including, among other facilitiesthings, non-dedicated elevators, halls, elevator and other lobbies, entranceways, delivery passages, drinking fountains, telephone closets, janitorial closets and other similar facilities, public toilets, cafeteria restrooms and the like, and all garagesdriveways, loading dockssidewalks, parking lotslandscaping, service buildings or similar buildings, improvements operated, owned or maintained, in whole or in part, by Landlord, and all parkways, drives, green spaces, parks, fountains or other facilities owned, operated or maintained, in whole or in part, designated for such use by Landlord, or otherwise made available by Landlord for the common use by all tenants and occupants of the PropertyBuilding, whether used in conjunction with the use of such space by the occupants of other buildings or used exclusively by tenants of the PropertyBuilding, all of which facilities shall be subject to Landlord’s reasonable management and control and shall be operated and maintained for the benefit of all tenants in a first class mannercontrol. Tenant, and its employees and invitees, shall have the non-exclusive general, nonexclusive right to use the Common Areas, such use to be in common with Landlord, other tenants of the Property Building and other persons entitled to use the same. Landlord reserves the right, from time to time, to establish or change the rules and regulations regarding use of the Common Areas, and to reconfigure, close, change, add or eliminate the Common Areas without liability; provided that the Building shall at all times have the number of parking spaces required to meet applicable Laws; and provided further that Landlord shall use commercially reasonable efforts to minimize disruption to and interference with Tenant’s use of the Premises during and in connection with any such reconfiguration, closure, change, addition or elimination of the Common Areas and Tenant shall at all times (24 hours per day, 7 days per week) have access to the Premises.
(f) This Lease is subject to all encumbrances, covenants, restrictions, declarations, easements and other matters of record as of the Effective Date, and to all zoning and land use regulations, affecting the Land and Building.
Appears in 1 contract
Premises, Term and Purpose. (a) Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, the Demised Premises located in the Building for the Term commencing on the “Commencement Date” as defined in Subparagraph (b) of this Paragraph 1, Date and ending on the Expiration Date, or such earlier date upon which the Term may expire or be terminated pursuant to the provisions of this Lease or pursuant to Law.
(b) For purposes Provided no Event of Default by Tenant shall exist and this Lease shall be in effect, Tenant shall have the commencement date right to extend the Term hereof for one (1) five (5) year renewal term (the "Renewal Term"). In order to exercise its right to the Renewal Term, Tenant shall give Landlord written notice of exercise ("Renewal Notice") no later than nine (9) months prior to the end of the Term. During the exercised Renewal Term, all of the terms and conditions of the Lease shall continue in full force and effect, except for provisions which, by their nature, relate only to the Initial Term and except that the Fixed Rent shall be the date this Lease Agreement is fully executed Fair Market Rent (herein defined), as determined herein. Fair Market Rent shall be such base rental as would be agreed upon by willing and knowledgeable parties, neither of whom were acting under compulsion, taking into account marketing expenses, brokerage commissions and tenant improvement costs that Landlord will not have to pay in connection with the parties hereto Renewal Term. Within 30 days following Landlord's receipt of Tenant's Renewal Notice, Landlord shall advise Tenant in writing of Landlord's determination of the Fair Market Rent (the “Commencement Date”"Initial Determination"). The Initial Determination shall be the Fair Market Rent unless Tenant shall within 15 days of Tenant's receipt of the Initial Determination reject the Initial Determination by written notice to Landlord. Tenant shall, together with its notice of rejection, either (i) terminate the Lease as of the end of the Term, or (ii) elect that Landlord and Tenant shall each, within 15 days of Landlord's receipt of Tenant's rejection, designate an independent certified appraiser to act on their respective behalf and shall jointly select a third independent certified appraiser to act as arbiter. If Landlord and Tenant are unable to agree upon an arbiter within such 15-day period, the two designated appraisers shall agree upon an arbiter within 15 days following the date the last one of the two was appointed. Within 30 days of their appointment, each designated appraiser shall establish a Fair Market Rent and within 15 days thereafter, the arbiter shall select one of the two determinations and the determination so selected shall be the Fair Market Rent for the Renewal Term. In the event a final determination of the Fair Market Rent has not been established as of the commencement of the Renewal Term, the Initial Determination shall be deemed to be the Fair Market Rent until the Fair Market Rent is determined, subject to retroactive adjustment upon receipt of the arbiter's determination.
(c) The Demised Premises shall be used by Tenant for the Permitted Use and for no other use or purpose. Tenant shall not use or occupy the Demised Premises or any part thereof, for any purpose deemed unlawful, disreputable, or extra-hazardous on account of fire or other casualty, or for any purposes which shall impair the character of the Building. Except for those Landlord is obligated to obtain as specifically set forth herein, Tenant, at its sole cost and expense shall obtain any consents, licenses, permits or approvals required to conduct its business at the Demised Premises.
(d) The “"Common Areas” " of the Property Building shall be those parts of the Building and other improvements designated by Landlord from time to time for the common use of all tenants, including among other facilities, halls, elevator and other lobbies, delivery passages, drinking fountains, telephone closets, janitorial closets and other similar facilities, public toilets, cafeteria and the like, and the "Common Areas of the Park" shall be all garages, loading docks, parking lots, service buildings or similar improvements operated, owned or maintained, in whole or in part, by LandlordLandlord or by the condominium association of the Park of which Landlord is a part ("Condominium Association"), and all parkways, drives, green spacesgreenspaces, parks, fountains or other facilities owned, operated or maintained, in whole or in part, by LandlordLandlord or the Condominium Association, or otherwise made available by Landlord or the Condominium Association for use by all tenants of the PropertyBuilding or Park, whether used in conjunction with the use of such space by the occupants of other buildings in the Park or used exclusively by tenants of the PropertyBuilding, all of which facilities shall be subject to Landlord’s 's reasonable management and control and shall be operated and maintained for the benefit of all tenants in a first class mannermanner in compliance with all applicable governmental requirements. Tenant, and its employees and invitees, shall have the non-exclusive right to use the Common AreasAreas of the Building and Park, such use to be in common with Landlord, other tenants of the Property Building and Park and other persons entitled to use the same.
Appears in 1 contract
Samples: Lease Agreement (3 Dimensional Pharmaceuticals Inc)
Premises, Term and Purpose. (a) Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, the Demised Premises located in the Building for the Term term commencing on the “"Commencement Date” as defined in Subparagraph (b) of this Paragraph 1, " and ending on the Expiration Date, or such earlier date upon which the Term term may expire or be terminated pursuant to the provisions of this Lease or pursuant to LawLaw (as defined below). The parcel of land on which the Building is located is hereinafter called the "Land" and is more particularly described on Exhibit A-1 annexed hereto and made a part hereof.
(b) For purposes of this Lease the commencement date shall be the date this Lease Agreement is fully executed by the parties hereto (the “Commencement Date”).
(c) The Demised Premises shall be used by Tenant for the Permitted Use and for no other use or purpose. Tenant shall not use or occupy the Demised Premises or any part thereof, for any purpose deemed unlawful, disreputable, or extra-hazardous on account of fire or other casualty, or for any purposes which shall impair the character of the Building. Tenant, at its sole cost and expense shall obtain any consents, licenses, permits or approvals required to conduct its business at the Demised Premises.
(dc) The “"Common Areas” " of the Property Building shall be those parts of the Building and other improvements designated by Landlord from time to time for the common use of all tenants, including among other facilities, halls, elevator and other lobbies, delivery passages, drinking fountains, telephone closets, janitorial closets and other similar facilities, public toilets, cafeteria and the like, and all garages, loading docks, parking lots, service buildings or similar improvements operated, owned or maintained, in whole or in part, by Landlord, and all parkways, drives, green spacesgreenspaces, parks, fountains or other facilities owned, operated or maintained, in whole or in part, by Landlord, or otherwise made available by Landlord for use by all tenants of the PropertyBuilding, whether used in conjunction with the use of such space by the occupants of other buildings or used exclusively by tenants of the PropertyBuilding, all of which facilities shall be subject to Landlord’s 's reasonable management and control and shall be operated and maintained for the benefit of all tenants in a first class manner. Tenant, and its employees and invitees, shall have the non-exclusive right to use the Common Areas, such use to be in common with Landlord, other tenants of the Property Building and other persons entitled to use the same.
(d) Notwithstanding any provision to the contrary contained herein, Landlord has the right, either prior to the Commencement Date or at any time during the term of this Lease, to relocate Tenant to comparable space located in the Building on at least sixty (60) days prior written notice to Tenant. In the event that Tenant is so relocated, Landlord will pay all of the expenses of preparing and decorating the new premises so that the new premises will be substantially similar to the Premises, the expense of moving Tenant's furniture and equipment, telephone service and signs to the relocated premises and the cost of changing Tenant's letterhead to reflect Tenant's new address. In the event of such relocation, Landlord and Tenant shall enter into an agreement supplementing this Lease which supplemental agreement shall amend the definition of "Demised Premises" as used in this Lease to reflect the space in which Tenant is relocated. All other provisions of this Lease shall remain in full force and effect.
(e) If Landlord is unable to perform the Landlord's Work (as defined below) or deliver possession of any portion of the Demised Premises because of the holding over or retention of possession by the current occupants or for any other reason whatsoever, Landlord shall not be subject to any liability for failure to perform the Landlord's Work or deliver possession and the validity of this Lease shall not be impaired under such circumstances. Promptly after the occurrence of the Commencement Date, the parties shall enter into a written agreement confirming such date.
Appears in 1 contract
Premises, Term and Purpose. (a) Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, the Demised Premises located in Premises, for a term commencing upon the Building for the Term commencing on the “Commencement Date” as defined in Subparagraph (b) of this Paragraph 1, Date and ending on the Expiration DateDate (the “Term”), or such later date to which the Term may be extended or renewed, or such earlier date upon which the Term may expire or be terminated pursuant to the provisions of this Lease or pursuant to Lawapplicable Laws. Notwithstanding the foregoing, Tenant shall be permitted to enter the Premises on the Delivery Date to install telephone lines, equipment, computer lines and to move in furniture and other personal property; provided, however, that (i) all waiver and indemnity provisions of this Lease (including, but not limited to, those contained in Section 11) shall apply to such early entry, and (ii) all property placed in the Premises by Tenant shall remain there at Tenant's sole risk. Landlord hereby approves Zayo as Tenant's telecommunications provider for the Premises in the Building; provided, however, that any equipment to be installed by Zayo on Tenant's behalf is subject to obtaining Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Landlord shall use commercially reasonable efforts to cause the current tenant in the Premises (Fxxxxxx Pxxxx) to convey to Landlord and leave in place such tenant’s furniture (“FF&E”) located or installed at the Premises as of the Effective Date. In such event, Tenant shall take possession of the Premises with the FF&E in place in its “as is, where is” condition and Tenant shall have the right to use the FF&E during the Term without charge. Landlord makes no representations or warranties of any kind with respect to such FF&E other than as of the Effective Date, the FF&E shall be owned by Landlord and is and shall remain free and clear of any liens or encumbrances. During the Term, Tenant shall repair and maintain the FF&E and cause the FF&E to be insured in the same manner as Tenant’s Property. Upon the expiration or earlier termination of this Lease, Tenant shall surrender possession of the FF&E in the same condition as originally received, reasonable wear and tear resulting from the Permitted Use, damage due to the acts or omissions of Landlord, its agents, employees or contractors, excepted.
(b) For purposes of this Lease the commencement date shall be the date this Lease Agreement is fully executed by the parties hereto (the “Commencement Date”)Intentionally deleted.
(c) in the form attached hereto as Exhibit B, confirming the Commencement Date, the Expiration Date and such other matters as are set forth therein.
(d) The Demised Premises shall be used by Tenant solely for the Permitted Use and for no other use or purpose. Tenant shall not use or occupy the Demised Premises or any part thereof, thereof for any purpose deemed unlawful, disreputable, that is unlawful or which is extra-hazardous on account of fire or other casualty, or for any purposes which shall impair the character of the Building. Tenant, at its sole cost and expense expense, shall obtain any and maintain all consents, licenses, permits or approvals required to conduct its business at the Demised Premises. Tenant shall not do or permit to be done anything which shall invalidate the insurance policies carried by Landlord. Tenant shall pay the entirety of any increase in the property insurance premium for the Building over what it was immediately prior to the effective date of this Lease if the increase is specified by Landlord’s insurance carrier as being solely caused by the nature of Tenant’s occupancy (other than for general office purposes) or any act or omission of Tenant (other than for general office purposes).
(de) The “Common Areas” of the Property Building shall be those parts of the Building and other facilities or improvements designated owned, operated or maintained by Landlord and designated, in whole or in part, from time to time by Landlord for the common general, nonexclusive use of all tenantstenants and occupants of the Building, including including, among other facilitiesthings, non-dedicated elevators, halls, elevator and other lobbies, entranceways, delivery passages, drinking fountains, telephone closets, janitorial closets and other similar facilities, public toilets, cafeteria restrooms and the like, and all garagesdriveways, loading dockssidewalks, parking lotslandscaping, service buildings or similar buildings, improvements operated, owned or maintained, in whole or in part, by Landlord, and all parkways, drives, green spaces, parks, fountains or other facilities owned, operated or maintained, in whole or in part, designated for such use by Landlord, or otherwise made available by Landlord for the common use by all tenants and occupants of the PropertyBuilding, whether used in conjunction with the use of such space by the occupants of other buildings or used exclusively by tenants of the PropertyBuilding, all of which facilities shall be subject to Landlord’s reasonable 's management and control and shall be operated and maintained for the benefit of all tenants in a first class mannercontrol. Tenant, and its employees and invitees, shall have the non-exclusive general, nonexclusive right to use the Common Areas, such use to be in common with Landlord, other tenants of the Property Building and other persons entitled to use the same. Landlord reserves the right, from time to time, to establish or change the rules and regulations regarding use of the Common Areas as provided in Section 8(b) hereof, and to reconfigure, close, change, add or eliminate the Common Areas without liability; provided that the access to and the use and occupancy of the Premises shall not be materially impaired thereby and that the Building shall at all times have the number of parking spaces required to meet applicable Laws.
(f) This Lease is subject to all encumbrances, covenants, restrictions, declarations, easements and other matters of record (provided, however, that Landlord represents that the foregoing do not (i) adversely affect Tenant's ability to use the Premises for the Permitted Use), or (2) materially increase Tenant's obligations or materially impair Tenant's rights hereunder), and to all zoning and land use regulations, affecting the Land and Building.
Appears in 1 contract
Samples: Lease Agreement (REGENXBIO Inc.)
