Premises; Term. Subject to the terms and conditions set forth herein, Landlord hereby leases and demises to Tenant and Tenant hereby takes and leases from Landlord that certain space identified in Article 1(D) and shown on a plan attached hereto as Exhibit A ("Premises") for a term ("Term") commencing on the Commencement Date and ending on the Expiration Date set forth in Article 1 (The "Original Term"), unless sooner terminated or extended as provided herein. The square footage in the Premises and the Building, as set forth in Article 1(D), have been determined by Landlord's architect, calculated in accordance with the ANSI/BOMA Z 95.1 (1996) method of measurement modified for biotech use, the results of which Tenant hereby confirms Tenant shall have the right to review and confirm such measurements before the date of execution of this Lease. Such determination of square footage shall be binding upon both parties hereto and such determined square footage shall be used in all calculations based on square footage throughout this Lease. The Commencement Date, the Rent Commencement Date and the Expiration Date shall be confirmed by execution of the Rent Commencement Date Confirmation in the form as set forth in Exhibit E, which Tenant shall execute and return to Landlord within ten (10) business days after receipt thereof. If Landlord delays delivering possession of the Premises, this Lease shall not be void or voidable except as expressly permitted by the terms hereof, and no damages shall be payable by Landlord. Landlord understands that Tenant has a substantial chemical storage requirement. Landlord has, at Landlord's sole expense, submitted an application (attached hereto as Exhibit K) to the City of Cambridge Licensing Commission to amend its existing garage and gasoline license to allow Tenant's flammable materials to be stored within the Premises ("Flammables License") provided that Tenant shall construct adequate Control Areas (as defined in Exhibit C) to contain such flammable materials, that Tenant shall obtain and maintain a flammable storage permit from the Cambridge Fire Department to store such flammable materials within its Control Areas and that Tenant's storage of its flammable materials shall, at all times, be in compliance with all applicable laws, regulations and statutes governing the storage, transport and use of such flammable materials. Tenant shall use its best efforts to cooperate with Landlord in procuring the Flammables License and shall provide Landlord with information pertaining to Tenant's flammable material storage requirements as Landlord may require to obtain the Flammables License. In the event Landlord fails to obtain and deliver to Tenant a copy of its Flammables License on or before June 1, 2005, the Rent Commencement Date shall be extended one day for each day after June 1, 2005, until the date Landlord obtains and delivers the Flammables License to Tenant. Notwithstanding the foregoing, if Landlord fails to deliver the Flammables License by July 15, 2005, either Landlord or Tenant shall have the right to terminate this Lease (the "Flammables License Contingency") to be exercised by delivery of written notice of its election to the opposite party on or prior to August 15, 2005, with an effective date of termination fifteen (15) days after the date of delivery of such notice of election to terminate. In the event that Tenant delivers a notice to terminate as provided above, and Landlord then obtains and delivers a copy of the Flammables License to Tenant on or before the effective date of termination, then Tenant's election to terminate shall be nullified and this Lease shall continue in full force and effect. In the event that Landlord delivers a notice to terminate as provided above, and Tenant delivers a waiver of its termination right hereunder on or before the effective date of termination, then Landlord's election to terminate shall be nullified and this Lease shall continue in full force and effect but for said termination right. Notwithstanding anything stated herein to the contrary, Landlord shall have no obligation to expend any monies pursuant to this Lease including, but not limited to, Tenant Improvement Allowance costs or brokerage commissions until such time as the Lease termination rights provided for above have expired or been waived by Tenant.
Appears in 2 contracts
Samples: Lease (Archemix Corp.), Lease (Archemix Corp.)
Premises; Term. Subject to the terms and conditions set forth herein, Landlord hereby leases and demises to Tenant Tenant, and Tenant hereby takes and leases from Landlord that certain space identified in Article 1(D) and shown Landlord, the premises as outlined on a the floor plan attached hereto as Exhibit A (herein called "Premises") on the mezzanine level and second floor of the office building located at One Imeson Park Boulevard, Jacksonville, Florida, and known as One Imeson Center (herein called "Building"), for a term (herein called "Initial Term") commencing on the Effective Date (herein also called "Commencement Date") and expiring on the date (herein called the "Expiration Date") that is one (1) day prior to the second anniversary of the Entire Premises Rent Commencement Date and ending on the Expiration Date set forth in Article 1 (The "Original Term"as hereinafter defined), unless sooner terminated or extended as provided herein, paying as rent therefor the sums hereinafter provided, without any setoff, abatement, counterclaim or deduction whatsoever except as specifically provided herein. The square footage in Landlord and Tenant shall execute a document verifying the Floor Commencement Date (as hereinafter defined) for the space located on each floor of the Premises and the Building, Entire Premises Rent Commencement Date. During the Term (as set forth defined in Article 1(Dsubparagraph (b) below), have been determined by Landlord's architect, calculated in accordance with the ANSI/BOMA Z 95.1 (1996) method of measurement modified for biotech use, the results of which Tenant hereby confirms Tenant shall also have the exclusive right to review and confirm such measurements before use up to 1,000 standard parking spaces within the date of execution of this Lease. Such determination of square footage shall be binding upon both parties hereto and such determined square footage shall be used in all calculations based area labeled "Tenant's Parking Area" on square footage throughout this Lease. The Commencement Date, the Rent Commencement Date and the Expiration Date shall be confirmed by execution of the Rent Commencement Date Confirmation in the form as set forth in Exhibit E, which Tenant shall execute and return to Landlord within ten (10) business days after receipt thereof. If Landlord delays delivering possession of the Premises, this Lease shall not be void or voidable except as expressly permitted by the terms hereof, and no damages shall be payable by Landlord. Landlord understands that Tenant has a substantial chemical storage requirement. Landlord has, at Landlord's sole expense, submitted an application (site plan attached hereto as Exhibit K) to the City of Cambridge Licensing Commission to amend its existing garage and gasoline license to allow Tenant's flammable materials to be stored within the Premises ("Flammables License") provided that Tenant shall construct adequate Control Areas (as defined in Exhibit C) to contain such flammable materialsA-1; provided, however, that Tenant shall obtain and maintain a flammable storage permit from the Cambridge Fire Department to store such flammable materials within its Control Areas and that Tenant's storage of its flammable materials shall, at all times, be in compliance with all applicable laws, regulations and statutes governing the storage, transport and use of such flammable materials. Tenant shall use its best efforts to cooperate with Landlord in procuring the Flammables License and shall provide Landlord with information pertaining to Tenant's flammable material storage requirements as Landlord may require to obtain the Flammables License. In the event Landlord fails to obtain and deliver to Tenant a copy of its Flammables License on or before June 1, 2005, the Rent Commencement Date shall be extended one day for each day after June 1, 2005, until the date Landlord obtains and delivers the Flammables License to Tenant. Notwithstanding the foregoing, if Landlord fails to deliver the Flammables License by July 15, 2005, either Landlord or Tenant shall have reserves the right to terminate this Lease restripe and/or reconfigure (the "Flammables License Contingency"but not relocate) to be exercised by delivery of written notice of its election to the opposite party on or prior to August 15, 2005, with an effective date of termination fifteen (15) days after the date of delivery of such notice of election to terminate. In the event that Tenant delivers a notice to terminate as provided above, and Landlord then obtains and delivers a copy of the Flammables License to Tenant on or before the effective date of termination, then Tenant's election Parking Area from time to terminate time so long as Tenant's Parking Area at all times includes no less than 1,000 standard parking spaces and that any such restriping or reconfiguration does not unduly inconvenience Tenant and Tenant's employees, contractors and invitees or materially and adversely affect Tenant's business. For purposes of this Section, "standard parking spaces" shall be nullified and this Lease shall continue in full force and effect. In mean parking spaces sufficiently large to meet the event that Landlord delivers requirements of applicable code, including a notice sufficient number of handicap spaces to terminate as provided above, and Tenant delivers a waiver meet the requirements of its termination right hereunder on or before the effective date of termination, then Landlord's election to terminate shall be nullified and this Lease shall continue in full force and effect but for said termination right. Notwithstanding anything stated herein to the contrary, Landlord shall have no obligation to expend any monies pursuant to this Lease including, but not limited to, Tenant Improvement Allowance costs or brokerage commissions until such time as the Lease termination rights provided for above have expired or been waived by Tenantapplicable code.
Appears in 1 contract
Samples: Office Lease (Excal Enterprises Inc)
Premises; Term. Subject to the terms and conditions set forth herein, (a) Landlord hereby leases and demises to Tenant and Tenant hereby takes and leases from Landlord that certain the Premises, for the Term and upon the conditions, covenants, and agreements hereinafter set forth.
(b) Subject to paragraph 17 hereof Tenant shall have a nonexclusive right to use the Common Areas and Facilities of the Building which lead to and from the Premises and common restrooms shared with other tenants in the Building. Nothing herein contained shall be construed as a demise to Tenant of the roof, exterior walls of the Building, space identified outside the Premises, air rights above or outside of the Premises, or of the Common Areas and Facilities.
(c) Subject to the rights of occupants of the Building and other parties, Landlord hereby grants to Tenant a non-exclusive right and license, in Article 1(D) common with Landlord and shown on a plan attached hereto as Exhibit A ("Premises") its licensees and permittees, to use portions of the Building during the Term for a term ("Term") commencing the specific uses described below, and to use existing, available risers and conduit in the Building, and to install additional conduit, pipes and related facilities in the Building, for the purposes of connecting the Premises with the area of the Building leased to Inflow, Inc., on the Commencement Date and ending of the Lease, on the Expiration Date terms, conditions and provisions that are set forth herein below and are otherwise contained in Article 1 this Lease, except that (The i) Base Rent shall not be allocable to these areas, (ii) Tenant's Share shall not include any of these areas, and (iii) Tenant shall not be obligated to pay Operating Expenses and Taxes attributable to any of these areas, unless in any case such areas are within the Premises (collectively, the "Original TermLicensed Areas"); and in all cases subject to and in accordance with applicable laws and the provisions of this Lease, unless sooner terminated in such manner as will not disturb or extended as provided hereinviolate the rights of other occupants of the Building and/or Landlord's permittees or affect in any manner the validity of any roof or other warranty in effect for the benefit of Landlord, and in each case subject to and in accordance with Landlord's prior written approval thereof (which shall include approval of the design, engineering, location, methods of attachment, and construction thereof); such approval not to be unreasonably withheld or delayed. The square footage All such conduit, pipes, wires, cables, installations and facilities shall be installed, maintained, repaired, replaced and insured by Tenant at its sole cost and expense, any such conduit, pipes, wires, cables, installations and facilities located in the Premises shall be removed prior to the expiration or earlier termination of the Term, by Tenant at its sole cost and the Buildingexpense, as set forth in Article 1(D), have been determined by or at Landlord's architectelection, calculated in accordance by Landlord at Tenant's sole cost and expense with the ANSI/BOMA Z 95.1 (1996) method of measurement modified for biotech usecost thereof being immediately due and payable by Tenant to Landlord, the results of which Tenant hereby confirms it being understood that Tenant shall have the right right, but not the obligation, to review remove such conduit, pipes, wires, cables, installations and confirm such measurements before the date of execution of this Lease. Such determination of square footage shall be binding upon both parties hereto and such determined square footage shall be used in all calculations based on square footage throughout this Lease. The Commencement Date, the Rent Commencement Date and the Expiration Date shall be confirmed by execution of the Rent Commencement Date Confirmation in the form as set forth in Exhibit E, which Tenant shall execute and return to Landlord within ten (10) business days after receipt thereof. If Landlord delays delivering possession of the Premises, this Lease shall not be void or voidable except as expressly permitted by the terms hereof, and no damages shall be payable by Landlord. Landlord understands that Tenant has a substantial chemical storage requirement. Landlord has, at Landlord's sole expense, submitted an application (attached hereto as Exhibit K) to the City of Cambridge Licensing Commission to amend its existing garage and gasoline license to allow Tenant's flammable materials to be stored facilities within the Premises ("Flammables License") provided that Tenant shall construct adequate Control Areas (as defined in Exhibit C) to contain such flammable materials, that Tenant shall obtain and maintain a flammable storage permit from the Cambridge Fire Department to store such flammable materials within its Control Areas and that Tenant's storage of its flammable materials shall, at all times, be in compliance with all applicable laws, regulations and statutes governing the storage, transport and use of such flammable materials. Tenant shall use its best efforts to cooperate with Landlord in procuring the Flammables License and shall provide Landlord with information pertaining to Tenant's flammable material storage requirements as Landlord may require to obtain the Flammables License. In the event Landlord fails to obtain and deliver to Tenant a copy of its Flammables License on or before June 1, 2005, the Rent Commencement Date shall be extended one day for each day after June 1, 2005, until the date Landlord obtains and delivers the Flammables License to TenantLicensed Areas. Notwithstanding the foregoing, if Landlord fails to deliver the Flammables License by July 15, 2005, either Landlord or Tenant shall have the right to terminate this Lease (the "Flammables License Contingency") to be exercised by delivery of right, upon written notice of its election to Tenant, given no later than thirty (30) days prior to the opposite party on expiration or prior earlier termination of the Term, to August 15require Tenant to abandon and leave in place, 2005without additional payment to Tenant or credit against rent, with an effective date any and all telecommunications wiring and related infrastructure or selected components thereof, whether located in the Premises or Licensed Areas. Landlord agrees to use reasonable efforts to assist Tenant in securing the cooperation of termination fifteen other occupants of the Building and/or Landlord's permittees relative to the exercise of the rights set forth in clauses (15i) days after the date of delivery of such notice of election to terminate. In the event that Tenant delivers a notice to terminate as provided and (ii) above, and but shall not be obligated to incur any cost or liability in connection therewith unless Tenant agrees to reimburse or otherwise protect Landlord then obtains and delivers against such cost or liability in a copy of the Flammables License manner that is reasonably acceptable to Tenant on or before the effective date of termination, then Tenant's election to terminate shall be nullified and this Lease shall continue in full force and effect. In the event that Landlord delivers a notice to terminate as provided above, and Tenant delivers a waiver of its termination right hereunder on or before the effective date of termination, then Landlord's election to terminate shall be nullified and this Lease shall continue in full force and effect but for said termination right. Notwithstanding anything stated herein to the contrary, Landlord shall have no obligation to expend any monies pursuant to this Lease including, but not limited to, Tenant Improvement Allowance costs or brokerage commissions until such time as the Lease termination rights provided for above have expired or been waived by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Tangibledata Inc)
Premises; Term. Subject to the terms and conditions set forth herein, Landlord hereby leases and demises to Tenant Tenant, and Tenant hereby takes and leases from Landlord that certain space identified in Article 1(D) and shown Landlord, the premises as outlined on a the floor plan attached hereto as Exhibit A (herein called "Premises") on the first floor of the office building located at One Imeson Park Boulevard, Jacksonville, Florida, and known as One Imeson Place (herein called "Building"), which Premises is comprised of the "Phase 1 Space" and the "Phase 2 Space," both as shown on the floor plan attached hereto as Exhibit A-1, for a term (herein called "Initial Term") of seven (7) Lease Years (the term "Lease Year" is defined below) commencing on the date(s) on which Landlord shall deliver to Tenant possession of the Phase 1 Space of the Premises or portions thereof in accordance with Section 6 hereof (herein called "Commencement Date Date"), and ending on the seven (7) Lease Years thereafter (herein called "Expiration Date set forth in Article 1 (The "Original TermDate"), unless sooner terminated as provided herein, paying as rent therefor the sums hereinafter provided, without any setoff, abatement, counterclaim or extended deduction whatsoever except as specifically provided herein. The square footage in the Premises and the Building, as set forth in Article 1(D), have been determined by Landlordshall also be deemed to include Tenant's architect, calculated in accordance with the ANSI/BOMA Z 95.1 (1996) method of measurement modified for biotech use, the results of which Tenant hereby confirms Tenant shall have the exclusive right to review and confirm such measurements before use up to 1,000 standard parking spaces within the date of execution of this Lease. Such determination of square footage shall be binding upon both parties hereto and such determined square footage shall be used in all calculations based area labeled "Tenant's Parking Area" on square footage throughout this Lease. The Commencement Date, the Rent Commencement Date and the Expiration Date shall be confirmed by execution of the Rent Commencement Date Confirmation in the form as set forth in Exhibit E, which Tenant shall execute and return to Landlord within ten (10) business days after receipt thereof. If Landlord delays delivering possession of the Premises, this Lease shall not be void or voidable except as expressly permitted by the terms hereof, and no damages shall be payable by Landlord. Landlord understands that Tenant has a substantial chemical storage requirement. Landlord has, at Landlord's sole expense, submitted an application (site plan attached hereto as Exhibit K) to the City of Cambridge Licensing Commission to amend its existing garage and gasoline license to allow Tenant's flammable materials to be stored within the Premises ("Flammables License") provided that Tenant shall construct adequate Control Areas (as defined in Exhibit C) to contain such flammable materialsA-2; provided, however, that Tenant shall obtain and maintain a flammable storage permit from the Cambridge Fire Department to store such flammable materials within its Control Areas and that Tenant's storage of its flammable materials shall, at all times, be in compliance with all applicable laws, regulations and statutes governing the storage, transport and use of such flammable materials. Tenant shall use its best efforts to cooperate with Landlord in procuring the Flammables License and shall provide Landlord with information pertaining to Tenant's flammable material storage requirements as Landlord may require to obtain the Flammables License. In the event Landlord fails to obtain and deliver to Tenant a copy of its Flammables License on or before June 1, 2005, the Rent Commencement Date shall be extended one day for each day after June 1, 2005, until the date Landlord obtains and delivers the Flammables License to Tenant. Notwithstanding the foregoing, if Landlord fails to deliver the Flammables License by July 15, 2005, either Landlord or Tenant shall have reserves the right to terminate restripe and/or reconfigure (but not relocate) Tenant's Parking Area from time to time so long as Tenant's Parking Area at all times includes no less than 1,000 standard parking spaces and that any such restriping or reconfiguration does not unduly inconvenience Tenant and Tenant's employees, contractors and invitees or materially and adversely affect Tenant's business. For purposes of this Lease (Section, "standard parking spaces" shall mean parking spaces sufficiently large to meet the "Flammables License Contingency") requirements of applicable code, including a sufficient number of handicap spaces to meet the requirements of applicable code. Tenant and Tenant's employees shall be exercised by delivery of written notice of its election entitled to the opposite party on or prior to August 15, 2005, with an effective date of termination fifteen (15) days after the date of delivery of such notice of election to terminate. In the event that Tenant delivers a notice to terminate as provided above, and Landlord then obtains and delivers a copy park in all areas of the Flammables License parking lot serving the Building not reserved for use by other tenants of the Building or otherwise restricted by Landlord from time to Tenant on or before the effective date of termination, then Tenant's election to terminate shall be nullified and this Lease shall continue time in full force and effect. In the event that Landlord delivers a notice to terminate as provided above, and Tenant delivers a waiver of its termination right hereunder on or before the effective date of termination, then Landlord's election to terminate shall be nullified and this Lease shall continue in full force and effect but for said termination right. Notwithstanding anything stated herein to the contrary, Landlord shall have no obligation to expend any monies pursuant to this Lease including, but not limited to, Tenant Improvement Allowance costs or brokerage commissions until such time as the Lease termination rights provided for above have expired or been waived by Tenantsole discretion.
Appears in 1 contract
Samples: Office Lease (Excal Enterprises Inc)
Premises; Term. Subject to the terms and conditions set forth herein, Landlord hereby leases and demises to the Tenant and Tenant hereby takes and leases from Landlord that certain space the Premises identified in Article 1(D) and shown on a plan attached hereto as Exhibit A ("Premises") 1 for a term ("“Term"”) commencing on the applicable Commencement Date and ending on the Expiration Date set forth in Article 1 (The "Original Term")1, unless sooner terminated or extended as provided herein, subject to the provisions herein contained. The square footage in Subject to the Premises and the Buildingterms of this Lease, as set forth in Article 1(D), have been determined by Landlord's architect, calculated in accordance with the ANSI/BOMA Z 95.1 (1996) method of measurement modified for biotech use, the results of which Tenant hereby confirms Tenant shall have the non-exclusive right to review and confirm such measurements before use the date of execution of this LeaseCommon Areas. Such determination of square footage shall be binding upon both parties hereto and such determined square footage shall be used in all calculations based on square footage throughout this Lease. The Commencement DateUpon either party’s request, the Rent Commencement Date and the Expiration Date shall be confirmed by execution of the Rent Commencement Date Confirmation in the form as set forth in Exhibit EC. Tenant acknowledges that it is currently in possession of all portions of the Premises by means of a direct lease (the “Current Lease”) of certain portions of the Premises from Landlord, which and by means of subleases of certain other portions of the Premises from the current tenant(s) thereof who are under direct lease with Landlord (collectively, the “Current Master Leases”). Accordingly, delivery of each portion of the Premises to Tenant shall execute be deemed to have occurred on the Commencement Date applicable thereto, without any further tender of possession to Tenant or other action on the part of Landlord. For all purposes of this Lease, Landlord and return to Landlord within ten (10) business days after receipt thereof. If Landlord delays delivering possession Tenant stipulate that the rentable square footage of the PremisesPremises and each portion thereof is as set forth in Article 1, this Lease shall not be void or voidable except as expressly permitted by the terms hereof, and no damages shall be payable by Landlord. Landlord understands provided however that Tenant has a substantial chemical storage requirement. Landlord has, at Landlord's sole expense, submitted an application (attached hereto as Exhibit K) to the City of Cambridge Licensing Commission to amend its existing garage and gasoline license to allow Tenant's flammable materials to be stored within the Premises ("Flammables License") provided that Tenant shall construct adequate Control Areas (as defined in Exhibit C) to contain such flammable materials, that Tenant shall obtain and maintain a flammable storage permit from the Cambridge Fire Department to store such flammable materials within its Control Areas and that Tenant's storage of its flammable materials shall, at all times, be in compliance with all applicable laws, regulations and statutes governing the storage, transport and use of such flammable materials. Tenant shall use its best efforts to cooperate with Landlord in procuring the Flammables License and shall provide Landlord with information pertaining to Tenant's flammable material storage requirements as Landlord may require cause Landlord’s architect to obtain re-measure the Flammables License. In rentable area of the event Landlord fails to obtain and deliver to Tenant a copy of its Flammables License Building 5 Premises on or before June 1, 20052010 in accordance with the standard of measurement that Landlord currently utilizes for the Project, which is a modified BOMA standard. If the Rent Commencement Date re-measurement concludes that the Premises contains more or less than 28,000 rentable square feet, then the parties shall be extended one day for each day after June 1, 2005, until the date Landlord obtains and delivers the Flammables License to Tenant. Notwithstanding the foregoing, if Landlord fails to deliver the Flammables License by July 15, 2005, either Landlord or Tenant shall have the right to terminate enter into an amendment of this Lease (establishing such number and the "Flammables License Contingency") resulting Monthly Rent, Tenant’s Share, Landlord’s Allowance and other amounts hereunder due to be exercised by delivery of written notice of its election to the opposite party on or prior to August 15, 2005, with an effective date of termination fifteen (15) days after the date of delivery of such notice of election to terminate. In the event that Tenant delivers a notice to terminate as provided above, and Landlord then obtains and delivers a copy of the Flammables License to Tenant on or before the effective date of termination, then Tenant's election to terminate shall be nullified and this Lease shall continue in full force and effect. In the event that Landlord delivers a notice to terminate as provided above, and Tenant delivers a waiver of its termination right hereunder on or before the effective date of termination, then Landlord's election to terminate shall be nullified and this Lease shall continue in full force and effect but for said termination right. Notwithstanding anything stated herein to the contrary, Landlord shall have no obligation to expend any monies pursuant to this Lease including, but not limited to, Tenant Improvement Allowance costs or brokerage commissions until such time as the Lease termination rights provided for above have expired or been waived by Tenantremeasurement.
Appears in 1 contract
Samples: Office Lease (Intersil Corp/De)