Common use of Premises Clause in Contracts

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approved.

Appears in 3 contracts

Samples: Ground Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc)

AutoNDA by SimpleDocs

Premises. Landlord, for and in consideration The Premises consists of the rentsBuilding to be constructed by the Sublessor in accordance with the terms hereof together with the right, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject appurtenant thereto to the termsexclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, covenants which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and conditions hereinafter set forth, all that certain parcel a portion of the land situated in area designated as 160 International Drive (or such portion thereof as is necessary to construct the County of Riverside, Building and State of California delineated on Exhibit "A" attached hereto and incorporated herein Common Facilities) ("Land"the “Lot”), together with those certain Landlord's Improvements as defined in the Work Letter present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit "B" A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former Xxxxx Air Force Base as more particularly described in the hereafter defined Ground Lease ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"the “Tradeport”). Herein Sublessee shall have as a right appurtenant to the Land Premises, in common with other Tradeport tenants and occupants and authorized users the Improvements are referred right to collectively use the entrances, exits and roadways of the Tradeport designated by the Xxxxx Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the "Premises"PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Tenant acknowledges Sublessor represents and warrants to Sublessee that this a true, correct and complete copy of the 200 Ground Lease is subordinate attached hereto as Exhibit C and subject that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to (a) all liensSublessee. From and after the date hereof, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") Sublessor shall use its best efforts to (i) in effect on the Effective Date seek approval of this Lease and be designated the developer and lessee of the land area designated as specified in Exhibit "C" attached hereto 160 International Drive (or such portion thereof as comprises the Lot and incorporated herein ("Preliminary Report"is otherwise necessary to construct the Building and Common Facilities) or (ii) approved to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or deemed approved otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises or the use or occupancy thereof, in effect on the execution of this Ground Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters Amendment shall be subject to the review and prior written approval of Tenant which approval shall Sublessee, not to be withheld so long as the new Title Matter does not materially and adversely impair the use unreasonably withheld, conditioned or occupancy by Tenant delayed. Upon execution of the approved Premises for its intended purpose. Tenant Ground Lease Amendment, Sublessor and Sublessee shall deliver written notice amend this Lease as necessary to Landlord of its approval or disapproval of reflect the existence thereof and to include such Title Matters within ten (10) days after delivery by Landlord other amendments to Tenant of such new Title Matter. If Tenant fails the Exhibits hereto as is reasonably necessary to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days reflect the configuration of the delivery of Lot as approved by the written reminder notice, the new Title Matter shall be deemed approvedPDA.

Appears in 3 contracts

Samples: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Lessor hereby leases to Tenant Lessee and Tenant hereby Lessee leases from LandlordLessor for the term, at the rental, and upon and subject to all the termsconditions set forth herein, covenants and conditions hereinafter set forth, all that certain parcel of land real property situated in the County of RiversideChippewa, and State of California delineated Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" attached hereto as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and incorporated herein ("Land")conditions of this Lease, together with those certain Landlord's Improvements but at a rate as defined acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Work Letter attached hereto as Exhibit "B" ("Work Letter") Future Expansion Premises, but has not received a bona fide offer from a third party to be constructed by Landlordlease said Premises, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges Lessee may lease that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) space in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable addition to the Premises or described herein. In that case, the use or occupancy thereof, lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in effect on the execution of this Lease or thereafter promulgatedAgreement. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder noticeeither case, the new Title Matter parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be deemed approvedleased and the term of that rental.

Appears in 3 contracts

Samples: Lease Agreement (Rmed International Inc), Lease Agreement (Rmed International Inc), Lease Agreement (Rmed International Inc)

Premises. LandlordPursuant to the Master Lease specified below, Manager shall provide GROUP with adequate administrative office space at the addresses described therein (the “Premises”) and Group shall retain all of its remaining facilities for the operation of the Practice with leasehold improvements, auxiliary services and utilities in order that GROUP may effectively perform its functions and duties. In consideration of the rentssums to be paid to Manager under the terms of this Agreement, covenants and agreements hereinafter set forth, Manager hereby leases to Tenant GROUP during the term of this Agreement the furniture, fixtures and Tenant hereby leases from Landlord, upon and subject to equipment (the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated “FF&E”) listed on Exhibit "A" “B” attached hereto and incorporated herein by this reference, under the following terms and conditions: 1.1. Manager is the lessee under certain leases for the Premises ("Land"), together with those certain Landlord's Improvements hereinafter collectively referred to as defined in the Work Letter “Master Lease”) copies of which are attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto “A” and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to by this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to reference. GROUP hereby acknowledges that the Premises or described in the use or occupancy thereofMaster Lease are suitable for the administrative office of the Practice. Based and contingent upon GROUP’s promise to timely pay all amounts due under this Agreement, in effect on Manager hereby agrees to sublease the execution leased Premises to GROUP upon the following terms and conditions: 1.1.1. This sublease between Manager and GROUP of this Lease or thereafter promulgatedthe Premises shall be subject to all of the terms and conditions of the Master Lease. In the event thatof the termination of Manager’s interest as lessee under the Master Lease for any reason, after then the Effective Date any new Title Matters appear sublease created hereby shall simultaneously terminate unless GROUP is willing to assume the obligations under the Master Lease and the Lessor consents thereto. 1.1.2. All of recordthe terms and conditions contained in the Master Lease are incorporated herein as terms and conditions of the sublease (with each reference therein to “Lessor” and “Lessee,” to be deemed to refer to Manager and GROUP, such matters respectively) and, along with the provisions of this Section and Exhibit “A,” shall be subject the complete terms and conditions of the sublease created hereby. 1.1.3. Notwithstanding the foregoing, as between Manager and GROUP, Manager shall remain responsible for meeting the financial obligations of “Lessee” under the Master Lease, and GROUP shall have no monetary obligation in that regard. In addition, as between Manager and GROUP, Manager shall retain all rights to exercise any options to purchase the Premises, or other similar rights of ownership or possession, which may be granted under the Master Lease, and GROUP shall have no rights in that regard. 1.1.4. In the event this Agreement is terminated according to its terms, this sublease shall also terminate automatically. 1.1.5. If the Master Lease contains an option to renew the term thereof, Manager shall notify GROUP, at least thirty (30) days prior to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant expiration of the Premises time for its intended purpose. Tenant shall deliver written notice exercising such option, of Manager’s intention to Landlord of its approval renew or disapproval of not to renew such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matterterm. If Tenant fails Manager determines not to respond within renew such ten (10) day period term, Manager shall, at GROUP’s option and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days upon the consent of the delivery Landlord in accordance with the terms of the written reminder noticeMaster Lease, assign the new Title Matter shall be deemed approvedMaster Lease to GROUP, including Manager’s right to renew the term thereof.

Appears in 3 contracts

Samples: Management Services Agreement (Prospect Medical Holdings Inc), Management Services Agreement (Prospect Medical Holdings Inc), Management Services Agreement (Prospect Medical Holdings Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, (a) Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord those premises (hereinafter referred to as the “Premises”), upon described in Section 1(d) hereof and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated designated on Exhibit “A” attached hereto in the County building commonly known as the 0000 Xxxx Xxxxx Boulevard, Detroit, Michigan, consisting of Riverside, and State approximately 65,250 rentable square feet of California delineated on Exhibit "A" attached hereto and incorporated herein floor area ("Land"hereinafter referred to as the “Building”), together with those certain Landlord's Improvements as defined the non-exclusive right and easement to use the common facilities which may from time to time be furnished by Landlord in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land common with Landlord and the Improvements tenants and occupants (their agents, employees, customers and invitees) of the Building. The Building and common areas are hereinafter referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect “Development,” more particularly described on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and “B” hereto. (b) any lawThe rentable area of the Premises, regulationas well as the Building shall be computed based upon the 2010 BOMA Standard Method of Measuring Floor Area in Office Buildings, ruleANSI/BOMA Z65.1-2010, order or ordinance and the rentable area of any governmental entity applicable the Premises, as well as the Building. shall contain a proportionate share of the common areas of the Building, utilizing a common area load factor not to exceed twelve percent. (c) The rentable square foot area of the Premises shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or calculation by Landlord’s architect, an independent architect jointly selected by Landlord and Tenant shall promptly measure such portion of the use or occupancy thereof, in effect Premises and its determination shall be binding on the execution of this Lease or thereafter promulgatedparties. In the event thatsuch certification or determination shall contain a rentable square foot area different than that previously utilized, after Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the Effective Date any new Title Matters appear of record, rentable square foot area set forth in such matters certification and Section 1(h) shall be subject revised accordingly. (d) Tenant shall be allowed access to the review Premises and approval reasonable portions of the common areas twenty-four hours a day, three hundred sixty-five days a year using card readers, or keys, provided that Tenant which approval shall not materially interfere with Landlord’s construction activities. Access to the Premises shall be withheld so long in the same general location and have the same general utility as the new Title Matter does not materially and adversely impair access afforded on the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedCommencement Date.

Appears in 2 contracts

Samples: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord the Premises as shown as attached Exhibit “A” within the Building (the Building and the lot on which it is located, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"“PROPERTY”), together with those certain Landlord's Improvements as defined the non-exclusive right with Landlord and other occupants of the Building to use all areas and facilities provided by Landlord for the use of all tenants in the Work Letter attached hereto as Property including any lobbies, hallways, driveways, sidewalks and parking, loading and landscaped areas (the “COMMON AREAS”). Notwithstanding the foregoing, the Landlord shall complete the work described on Exhibit "B" “A-2” necessary to improve the Premises ("Work Letter") to be constructed by Landlordcollectively, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixturesthe “LANDLORD’S WORK”), as such improvements are depicted on Exhibit “A-1”. In addition the Landlord Work, Landlord shall cause additional air conditioning returns to be installed in the new offices being constructed and to relocate certain electrical outlets in accordance with Tenant’s reasonable requests. Landlord agrees at its cost and expense to complete the Landlord’s Work and to deliver possession of the Premises to Tenant in a substantially completed condition and in compliance with all applicable laws and regulations. Landlord anticipates that it will substantially complete the Landlord’s Work on or located thereon and all additionsbefore September 28,2015, alterations and replacements thereof (collectively "Improvements"). Herein If Landlord fails to complete the Land and the Improvements are referred to collectively Landlord’s Work by November 1,2015, as the "Premises". same may be extended for delays caused by Force Majeure or Tenant, then the commencement of payment of Minimum Annual Rent shall be delayed by one (1) day for each day that delivery of possession of the Premises is delayed beyond November 1, 2015, If Landlord fails to complete the Landlord’s Work by December 1, 2015, as the same may be extended for delays caused by Force Majeure or Tenant, Tenant acknowledges that shall have the option of canceling and terminating this Lease by giving notice in writing to Landlord at any time prior to die date on which Landlord delivers of possession of the Premises to Tenant, In the event this Lease is subordinate so terminated, Tenant shall not be liable to Landlord on account of any covenant or obligation herein contained, and subject any security deposit shall be refunded to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting Tenant. For the Premises ("Title Matters") (i) in effect on the Effective Date purposes of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") Lease, “Force Majeure” shall mean strikes, lock-outs, riots or (ii) approved or deemed approved pursuant to this Section 1.1other labor troubles, ("Permitted Encumbrances") and (b) unavailability of materials, a national emergency, any law, regulation, rule, order or ordinance regulation of any governmental entity applicable to authorities, tornados, floods, hurricanes or other natural disaster, or Acts of God, or other similar causes not within the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approved.Landlord’s control

Appears in 2 contracts

Samples: Lease Agreement (MR2 Group, Inc.), Lease Agreement (MR2 Group, Inc.)

Premises. Landlord, for Subject to and in consideration of accordance with the rentsprovisions hereof, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant and Tenant hereby leases from Landlord the Premises as designated on Exhibit A. Tenant agrees that no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord, upon except that the Building Systems (inclusive of all lighting and electrical outlets in the Premises) will be in good working order as of the Commencement Date. Tenant’s failure to advise Landlord, in writing and within sixty (60) days of the Commencement Date, of a breach of the warranty set forth in the preceding sentence will be indisputable evidence that Landlord has met its warranty obligation. Notwithstanding anything to the contrary set forth hereinabove, Landlord warrants and represents that as of the date of this Lease, Landlord has not received written notice of violation from a governmental authority that the Common Areas of the Building and/or the Premises are in violation of applicable laws, including ADA and laws relating to hazardous materials. In the event of a breach of the foregoing covenant, but specifically subject to and excluding any compliance work triggered by any alterations performed by Tenant (which tenant shall be paid for by Tenant at its sole cost and expense), Landlord, at its sole cost and expense (and not subject to reimbursement as an Operating Expense), shall promptly make such improvements, corrections or repairs as Landlord determines is appropriate to bring such condition into compliance. Except as otherwise expressly provided in this Lease or any Work Letter attached hereto, Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that EXCEPT AS PROVIDED HEREIN, LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s taking possession for the purposes of conducting business, the Premises, including all Initial Improvements shall be deemed accepted by Tenant. Tenant shall also have the non-exclusive right, subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures)terms hereof, to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein use the Land and Common Areas of the Improvements are referred to collectively as the "Premises"Project. Tenant acknowledges that this Lease the Project is subordinate and subject to (a) all liensor may become an integrated commercial real estate project including the Building, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions the Land and other matters affecting buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to time, to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions of the Common Areas, as long as the Premises ("Title Matters"remain reasonably accessible. Landlord agrees that during the Term of the Lease it will not make any changes to the Building or Common Areas that: a] knowingly and materially increase the Operating Expenses for which Tenant is responsible without increasing the Base Year’s Operating Expenses by an amount that reasonably takes into account what the Base Year’s Operating Expenses would have been if such change(s) (i) in effect on had occurred during the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (Base Year; b) any law, regulation, rule, order or ordinance of any governmental entity applicable ] materially impair access to the Premises or Parking Facility, it being understood and acknowledged by Tenant that Landlord anticipates expanding the use Parking Facility at one or occupancy thereofmore times during the Term, which expansion will in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject some way affect access to the review and approval Parking Facility provided, however, that there will be no change to the number of parking spaces available to Tenant, although said spaces can be made available to Tenant in an alternative parking location, which approval shall not alternative parking location will be withheld so long as no more than a five (5) minute walk from the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice Building and, if it is more than a five (5) minute walk, then Landlord will provide (at no cost to Landlord of its approval or disapproval of such Title Matters within Tenant) a shuttle service that will be scheduled to run no less than every ten (10) days after delivery by Landlord minutes between the hours of 8:00 a.m. to Tenant 6:00 p.m., Monday through Friday, with the exception of such new Title Matter. If Tenant fails holidays; or, c] materially impair Tenant’s ability to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of use the delivery of Premises for the written reminder notice, the new Title Matter shall be deemed approvedAuthorized Use.

Appears in 2 contracts

Samples: Commercial Lease (Ziprecruiter, Inc.), Commercial Lease (Ziprecruiter, Inc.)

Premises. Landlord, for Subject to and in consideration with the benefit of the rentsprovisions of this Lease and any ground lease or land disposition agreement relating to that certain parcel of land on which the Building is located known as Xxx 00 xx Xxxx Xxxxx Xxxx 0000X, covenants as more particularly described on Exhibit "B" attached hereto and agreements hereinafter set forthmade a part hereof (the "Lot"), Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated Tenant's Space in the County Building, excluding exterior faces of Riversideexterior walls, the common facilities area and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, service fixtures and equipment serving exclusively or in common other property (except parts of the Building Tenant's trade fixtures)Space, to be installed or located thereon and all additionswith such exclusions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are is hereinafter referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and 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 of the Building from time to time made by Landlord of which Tenant is given notice(a) the common facilities included in the Building or on the Lot, including the parking facilities (a) which currently consists of 362 parking spaces and which at all lienstimes during the Term shall consist of at least 3.3 spaces per 1,000 square feet of leased area, encumbrancesthe parking facilities shall be used by Tenant on a "non-reserved" basis with all other tenants in the Building, deeds of trustincluding their employees and/or invitees, reservationsand for which use there shall not be an additional charge to Tenant, covenantsits employees or invitees), conditions, restrictions bathrooms and other matters affecting facilities, to the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant extent from time to this Section 1.1time designated by Landlord, ("Permitted Encumbrances") and (b) any lawthe Building service fixtures and equipment serving the Premises Other tenants of the Building have been provided use of the parking spaces on the same non-reserved basis as provided to Tenant pursuant to subparagraph (a) above. Landlord reserves the right from time to time, regulationwithout unreasonable interference with Tenant's use (a) to install, rulerepair, order or ordinance of any governmental entity applicable replace, use, maintain and relocate for service to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject and to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant other parts of the Premises for its intended purpose. Tenant shall deliver written notice Building or either, building service fixtures and equipment wherever located in the Building, and (b) to Landlord of its approval alter or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedrelocate any other common facility provided that substitutions are substantially equivalent or better.

Appears in 2 contracts

Samples: Lease Agreement (Irobot Corp), Lease Agreement (Irobot Corp)

Premises. Landlord1.1 Lessor has entered into an agreement to acquire the real property consisting of land, for and all buildings and improvements, including 138,165± square feet of indoor self storage space, and located at 0000 Xxxxxx Xxxx Xxxx, Xxxxxxx, Xxxxxxxxxxx 00000, which real property is legally described in attached Exhibit “A” (collectively “Premises”). Lessor, in consideration of the Rent (as hereinafter defined) and of the covenants, conditions and agreements herein contained, and in consideration of a non-refundable $500 payment to be made by Lessee to Lessor following the rentsfull execution of this Lease, covenants does hereby lease unto Lessee, and agreements Lessee does hereby lease from Lessor the Premises. Lessor and Lessee hereby acknowledge and agree that a portion of the Premises has been leased for automobile storage purposes pursuant to a lease dated May 15, 2001 between Milford Project, LLC and Milford Gateway, Inc. (“Auto Storage Lease”), and this Lease shall be deemed to be an xxxxxxxxx with respect to the Auto Storage Lease. Lessee may utilize any personal property located on the Premises not covered by the Auto Storage Lease at no charge. Lessor and Lessee acknowledge and agree that as of the Commencement Date (as hereinafter set forthdefined) Lessee shall have the full and exclusive right to use, hereby leases to Tenant occupy, possess, operate and Tenant hereby leases from Landlordcontrol the Premises (except for the portion leased under the Auto Storage Lease), upon and including the entire self storage facility on the Premises, subject to the terms, covenants and conditions Leases (as hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building"defined) and all other improvementscovenants, machineryeasements and agreements of record (which covenants, equipment, fixtures easements and other property (except Tenant's trade fixturesagreements may be raised by Lessee as title objections pursuant to Section 8 hereof), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this . 1.2 This Lease is subordinate contingent upon Lessee entering into three (3) other leases involving self storage properties located at One Executive Boulevard, Farmingdale, New York, 00 Xxxx Xxxx Xxxxxx, Hicksville, New York and subject to (a) all liens00 -00 Xxxxxxx Xxxxxx and 00-00 Xxxxxxx Xxxxxx, encumbrancesXxxxxxx, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date Xxxxxxxxxxx. See also Section 5.7 of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedLease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Sovran Self Storage Inc)

Premises. Landlord, for and in consideration The Premises shall be expanded to include the 11,654 rentable square feet consisting of the rents21st Floor described on Exhibit A-1 hereto (“21st Floor Space”), covenants from and agreements hereinafter set forth, hereby leases after the Effective Date or such later date on which the 21st Floor Space is delivered to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein Required Condition ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" below) ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"“21st Floor Inclusion Date”). Herein the Land and the Improvements are referred The Premises shall be further expanded to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to include (a) the 24th Floor Space from and after the Effective Date; (b) the 11,717 rentable square feet consisting of the 22nd Floor described on Exhibit A-2 hereto (“22nd Floor Space”); and (c) the 10,866 rentable square feet consisting of the 23rd Floor described on Exhibit A-3 hereto (“23rd Floor Space”) on June 1, 2010, or such earlier date as may be consented to by Tenant, or on such later date on which the 22nd Floor Space and the 23rd Floor Space are delivered by Landlord to Tenant in the Required Condition. The date of delivery of the 22nd Floor Space and the 23rd Floor Space in the Required Condition is hereafter referred to as the “22nd and 23rd Floor Inclusion Date”. Tenant shall accept the 00xx Xxxxx, 00xx Xxxxx and 23rd Floor Spaces in their “as is”, “where is” condition, and “with all liensfaults”, encumbrancesprovided however, deeds each of trustsaid spaces shall, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date and 22nd and 23rd Floor Inclusion Date, respectively, be free of this Lease as specified in Exhibit "C" attached hereto (i) all tenancies and incorporated herein ("Preliminary Report") or occupants, (ii) approved violations that would prevent Tenant from obtaining a work permit for the performance of alterations to ready each space for occupancy, and (iii) asbestos in friable condition. Tenant agrees that if it uncovers asbestos while making improvements to the spaces, and the asbestos is not in friable condition, or deemed approved pursuant is or can be encapsulated, then Landlord will have no obligation to this Section 1.1remove the asbestos. By way of example, if there is VAT tile, which is covered, or shall be covered by Tenant with other floor covering, Landlord will have no obligation to remove the VAT tile. Landlord agrees to obtain for Tenant an ACP-5 for demolition work to be performed by Tenant within each of the 21st, 22nd and 23rd Floor Spaces upon receipt of demolition plans for such spaces. The conditions noted in (i), ("Permitted Encumbrances"ii) and (biii) any lawabove are the ‘Required Condition”). LANDLORD AND LANDLORD’S AGENTS HAVE MADE NO REPRESENTATION OR WARRANTY TO TENANT, regulationEXPRESS OR IMPLIED, ruleRESPECTING THE CONDITION OF THE SPACES LEASED OR TO BE LEASED HEREUNDER OR THE BUILDING, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereofINCLUDING WITHOUT LIMITATION (A) ANY IMPLIED OR EXPRESS WARRANTY OF QUALITY, in effect on the execution of this Lease or thereafter promulgated. In the event thatCONDITION OR TENANTABILITY, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten OR (10B) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Samples: Lease (G Iii Apparel Group LTD /De/), Lease (G Iii Apparel Group LTD /De/)

Premises. ARTICLE 2 - LEASE TERM of the Lease is hereby amended such that the fifth (5th) and sixth (6th) sentences thereof shall read as follows: "Landlord has delivered, and Tenant acknowledges having possession of, approximately 34,537 rentable square feet of the Premises on the ground floor of the Building (the "Initial Premises") to Tenant on or about the Lease Commencement Date; and Landlord anticipates delivering the balance of the Premises on the second floor of the Building comprising approximately 32,945 rentable square feet (the "Remaining Premises"), approximately 22,945 rentable square feet (the "A Remaining Premises"), as shown on Exhibit A to this Amendment, is anticipated to be delivered to Tenant on or about December 1, 2000 (the "RPA Commencement Date"); and approximately 10,000 rentable square feet (the "B Remaining Premises"), as shown on Exhibit A to this Amendment, is anticipated to be delivered to Tenant on or about March 1, 2001 (the "RPB Commencement Date"). If Landlord, for and in consideration any reason, cannot deliver possession of the rents, covenants and agreements hereinafter set forth, hereby leases A Remaining Premises to Tenant and on the RPA Commencement Date (in the condition that exists on the day after the Existing Tenant hereby leases from Landlordvacates the A Remaining Premises), upon and or cannot deliver possession of the B Remaining Premises to Tenant on the RPB Commencement Date (in the condition that exists on the day after the Existing Tenant vacates the B Remaining Premises), in either case without any improvements, alterations, repairs, refurbishment or other modifications being made thereto (except as may be necessary to satisfy the requirements of Section 1.2 above), Landlord shall not be subject to any liability nor shall the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date validity of this Lease be affected; provided that the RPA Commencement Date and/or the RPB Commencement Date, as specified appropriate, shall be extended commensurately by the period of time Landlord is delayed in Exhibit "C" attached hereto so delivering possession of the A Remaining Premises and/or the B Remaining Premises to Tenant without any improvements, alterations, repairs, refurbishment or other modifications being made thereto. Tenant's rights to use the A Remaining Premises and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the B Remaining Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject and subordinate to the review rights of Phoenix; and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the no use or occupancy by Tenant may unreasonably interfere with the rights of Phoenix to use and occupancy of Phoenix's premises." Throughout the Premises for its intended purpose. Tenant shall deliver written notice Lease, references to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter "RP Commencement Date" shall be deemed approvedto be references to the "RPA Commencement Date" and/or the "RPB Commencement Date", as appropriate.

Appears in 2 contracts

Samples: Sublease Agreement (Biotime Inc), Lease Agreement (Avigen Inc \De)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby (a) Landlord leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon Suite No. 160, which the parties stipulate and subject to agree is five thousand one hundred and ninety-eight (5,198) rentable square feet (“RSF”) shown on the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter space plan attached hereto as Exhibit "B" “A” ("“Premises”), located in the building and common areas (collectively, the “Building”) at Xxx Xxxxxxx Xxxxxxx, Wilmington, Delaware, which Building is comprised of 104,761 leasable square feet as of the Effective Date. (1) Subject to (b) (2), Landlord shall, at its sole expense, keeping the existing ceiling grid, ceiling tiles and lighting in place to the extent possible, repaint the Premises in colors of Tenant’s choice, shampoo/patch the carpeting as needed and otherwise perform any changes to the Premises as noted in the space plan attached hereto as Exhibit “A” provided that in the event Landlord is unable to reutilize the existing glass walls, same shall be replaced with standard hard walls, all of the foregoing utilizing building standard materials and finishes where not specified otherwise (collectively, the “Landlord’s Work”). Landlord may complete the Landlord’s Work Letter"after the Lease Commencement Date (and shall do so outside of Building Hours to the extent commercially reasonable and in any event in a manner that does not unreasonably obstruct Tenant from using the Premises for ordinary office purposes), but in no event more than one hundred twenty (120) days after the Lease Commencement Date, which deadline (the “Landlord Work Deadline”) shall be extended as necessary due to be constructed any Force Majeure (as hereinafter defined) or Tenant Delay (as hereinafter defined). “Tenant Delay” means any delays as a result of Tenant’s requests to modify Landlord’s Work under subsection (2) below and/or Tenant’s failure to cooperate reasonably with Landlord’s reasonable efforts to complete the Landlord’s Work. If any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") those revisions and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters supplements shall be subject submitted to the review and approval of Tenant for approval, which approval shall not be unseasonably withheld so long as or delayed. In the new Title Matter does not materially and adversely impair event such revisions or supplements to Landlord’s Work impact completion of Landlord’s Work by the use or occupancy by Landlord Work Deadline and/or obstruct Tenant of from using the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder noticeordinary office purposes, the new Title Matter Fixed Rent Grace Period shall be deemed approvedappropriately extended.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Alliance Data Systems Corp)

Premises. LandlordLessor, for and in consideration of the rents, covenants covenants, and agreements hereinafter set forthherein contained on the part of Lessee to be paid, kept, and performed, does hereby leases to Tenant lease, rent, let, and Tenant demise unto Lessee, and Lessee does hereby leases take, accept, hire, and lease from LandlordLessor, upon and subject to the terms, covenants and conditions hereinafter set forthexpressed, all that certain parcel the Premises (as further described in and shown on Exhibit A, as such Exhibit A may be amended in accordance with the provisions of land situated in this Lease) for the County sole and exclusive purpose of Riversideconducting the Permitted Use and designing, constructing, operating, maintaining, repairing, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")expanding the Permitted Improvements. Appurtenant to Lessee’s rights to the Premises is the non-exclusive right, together with those certain Landlord's Improvements as defined in subject to the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures)terms set forth herein, to be installed or located thereon use each of the Access Easement Area, Construction Easement Area, and all additionsUtility Easement Area for its specified purpose. The Premises, alterations which shall include the Lessee’s appurtenant rights to the Access Easement Area, Construction Easement Area, and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements Utility Easement Area, are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and demised subject to the following: (a) all liensany encumbrances shown on the survey of the Property or the Premises; (b) covenants, encumbrancesrestrictions, deeds of trusteasements, agreements, and reservations, covenantsas set forth in Exhibit A, conditionsas such Exhibit A may be amended in accordance with the provisions of this Lease; (c) present and future zoning laws, restrictions ordinances, resolutions and other matters affecting regulations of the municipality in which the land lies, and all present and future ordinances, laws, regulations, and orders of all boards, bureaus, commissions, and bodies of any municipal, county, state, or federal authority, now or hereafter having jurisdiction, so long as they permit or otherwise regulate the use of the Premises for the Permitted Use ("Title Matters"provided that Lessor shall not restrict or encumber the Premises for the Permitted Use after the Effective Date); (d) (i) in effect the condition and state of repair of the Premises as the same may be on the Effective Date of this Lease as specified in Exhibit "C" attached hereto Date; (e) all water charges, electric charges, and incorporated herein ("Preliminary Report") sewer rents, accrued or (ii) approved un-accrued, fixed or deemed approved pursuant to this Section 1.1not fixed, ("Permitted Encumbrances") from and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date arising as a result of the construction and operation of the Solar Energy Facility, the Permitted Improvements, or any new Title Matters appear other appurtenant facilities or improvements associated with the Permitted Use; and (f) full compliance by the Lessee with all Applicable Legal Requirements that require compliance by Lessee in connection with the Premises, the Permitted Use or the Permitted Improvements (provided, however, that Lessor shall not restrict or otherwise encumber the Premises for the Permitted Use after the Effective Date). Exhibit A attached to this Agreement as of record, such matters the Execution Date includes the Parties’ initial approximation of the Premises. Lessee shall be subject permitted to propose to Lessor amendments to Exhibit A that set forth an updated description of and drawings indicating the Premises (including the Access Easement Area, Construction Easement Area, Point of Delivery and Utility Easement Area), one such amendment to be submitted before commencement of installation work on the Solar Energy Facility and another to be submitted upon completion of the Solar Energy Facility that shall indicate the as-built location of the Solar Energy Facility and all Permitted Improvements. Lessor shall review such proposed amendments to Exhibit A and approval of Tenant which approve such amendments in a written consent executed by Lessee and Lessor. Lessor’s approval shall not be withheld so long as unreasonably denied or delayed; provided, however, in the new Title Matter event the Lessor does not materially and adversely impair provide such approval, the use or occupancy by Tenant of Parties shall be obligated to negotiate in good faith in order to reach agreement on the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval form of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedproposed amendments.

Appears in 2 contracts

Samples: Site Lease Agreement, Site Lease Agreement

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon on the terms and conditions set forth herein, the space outlined on the attached Exhibit A (the “Premises”). The Premises are located on the floor(s) specified in Paragraph 2 below of the building (the “Building”) located at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx. The Building, the parcel(s) of land (the “Land”) on which the Building is located and the other improvements on the Land (including the walkways and landscaping) are referred to herein as the “Real Property.” The Real Property is a part of the office, retail and garage project commonly known as Market Square (the “Project”). The Project includes the Xxxxxxxxx Building (defined in Section 4.g below), but the Xxxxxxxxx Building is not included in the Real Property for purposes of this Lease. Tenant’s lease of the Premises shall include the right to use, in common with others and subject to the termsother provisions of this Lease, covenants the public lobbies, entrances, stairs, elevators and conditions hereinafter set forthother public portions of the Building, all as well as the common areas of the other portions of the Project that certain parcel of land situated in are pertinent to Tenant’s occupancy or use of, or access to, the County of Riverside, Premises and State of California delineated on Exhibit "A" attached hereto and incorporated herein the Parking Facility ("Land"), together with those certain Landlord's Improvements as defined in Paragraph 53 below) (collectively, the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"“Common Areas”). Herein Tenant shall comply with all recorded covenants, conditions and restrictions (“CC&R’s”) currently or hereinafter affecting the Land Project and the Improvements are referred to collectively as the "Premises". Tenant acknowledges agrees that this Lease is shall be subject and subordinate thereto; provided, however, that Tenant will not be required to comply with, and subject to (a) all liensthis Lease will not be subordinate to, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on any CC&R’s created after the Effective Date which have a materially adverse affect on Tenant’s use of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable access to the Premises or Parking Facility, materially increase Tenant’s obligations hereunder or materially diminish Tenant’s rights hereunder, unless the same are mandated by law. Except to the extent that Tenant is granted the right to the use of an allocation of conduits or occupancy thereof, in effect on riser space pursuant to the execution terms of this Lease Lease, all of the windows and outside walls of the Premises and any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electrical equipment serving the Building generally or thereafter promulgated. In the event thatother utilities or Building facilities are reserved solely to Landlord and Landlord shall, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval provisions of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant Paragraph 23 below, have rights of access through the Premises for its intended purpose. Tenant shall deliver written notice to Landlord the purpose of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period operating, maintaining and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of repairing the delivery of the written reminder notice, the new Title Matter shall be deemed approvedsame.

Appears in 2 contracts

Samples: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, (a) Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord those premises (hereinafter referred to as the “Premises”), upon described in Paragraph 1(d) hereof and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated designated on Exhibit “A” hereto in the County of Riversidebuilding commonly known as 000 Xxxxx Xxxxx, and State of California delineated on Exhibit "A" attached hereto and incorporated herein Xxxx, Xxxxxxxx ("Land"hereinafter referred to as the “Building”), together with those certain Landlord's Improvements as defined the non-exclusive right and easement to use the parking (subject to the provisions of Paragraph 36 hereof) and common facilities which may from time to time be furnished by Landlord in common with Landlord and the Work Letter attached hereto as Exhibit "B" tenants and occupants ("Work Letter"their agents, employees, customers and invitees) to be constructed by Landlordof the Building. The Building and common areas, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") parking, are hereafter referred to as the “Development” which is more particularly described on Exhibit “B” hereto. Notwithstanding anything herein contained to the contrary, the Second and all other improvements, machinery, equipment, fixtures Third Floors of the Premises may not be completed and other property (except Tenant's trade fixtures), delivered to be installed Tenant simultaneously. That one of the Second or located thereon Third Floor which is first completed and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land delivered to Tenant is herein referred to as “Phase One” and the Improvements are other such Floor is herein referred to collectively as “Phase Two.” The date Phase Two is completed and delivered to Tenant as provided in Paragraph 3(a) hereof is herein referred to as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and Date.” (b) any lawThe usable square foot area of the Premises, regulationas well as the Building shall be computed based upon the BOMA American National Standards Z65.1 1996, ruleand the rentable area of the Premises, order as well as the Building, shall contain a proportionate share of the common areas of the Building, utilizing a common area factor on a multi-tenant floor of thirteen percent (13%) and on a single tenant floor of eight percent (8%). (c) The rentable square foot area of the Premises, if any, other than the Second and Third Floors, shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or ordinance calculation by Landlord’s architect, Xxxxxx Xxxxx (hereinafter referred to as the “Independent Architect”) shall promptly measure such portion of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect and its determination shall be binding on the execution of this Lease or thereafter promulgatedparties. In the event thatsuch certification or determination shall contain a rentable square foot area different than that previously utilized, after Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the Effective Date any new Title Matters appear of record, rentable square foot area set forth in such matters certification and Section l(j) shall be revised accordingly. The parties acknowledge that the rentable square foot area of the Second and Third Floors is as set forth in Section 1(d) hereof and is not subject to measurement as provided in this Paragraph 2(c). (d) Tenant shall be allowed access to the review Premises and approval reasonable portions of the common areas twenty-four (24) hours a day, three hundred sixty-five (365) days a year using card readers, or keys, provided that Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedinterfere with Landlord’s construction activities.

Appears in 2 contracts

Samples: Lease (Rocket Companies, Inc.), Lease (Rocket Companies, Inc.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, (a) Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord those premises (hereinafter referred to as the “Premises”), upon described in Section 1(d) hereof and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated designated on Exhibit “A” attached hereto in the County building commonly known as the Xxxxxx Building and located at Xxx Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000, consisting of Riverside, and State approximately 815,119 rentable square feet of California delineated on Exhibit "A" attached hereto and incorporated herein floor area ("Land"hereinafter referred to as the “Building”), together with those certain Landlord's Improvements the non-exclusive right and easement to use the common facilities located within and/or comprising a part of the Building (the “Common Areas”) which Common Areas are for the use in common with Landlord and the tenants and occupants (their agents, employees, customers and invitees) of the Building. (b) The rentable area of the Premises, as defined well as the Building shall be computed based upon the 2010 BOMA Standard Method of Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-2010, and the Work Letter attached hereto rentable area of the Premises, as Exhibit "B" well as the Building, shall contain a proportionate share of the Common Areas of the Building, utilizing a common area load factor not to exceed nine and a half percent ("Work Letter"9.5%) with respect to the fourth floor and fifteen percent (15%) with respect to the fifth floor. (c) The rentable square foot area of the Premises shall be constructed measured by Landlord’s architect (“Landlord’s Architect”), including and Landlord’s Architect shall certify the rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or calculation by Landlord’s architect, an approximately independent architect jointly selected by Landlord and Tenant shall promptly measure the Premises and its determination shall be binding on the parties. In the event such certification or determination shall contain a rentable square foot area different than that previously utilized, Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the rentable square foot area set forth in such certification and Sections 1(d), 1(h) and 1(k) shall be revised accordingly. (d) Tenant shall be allowed access to the Premises and reasonable portions of the Common Areas twenty-four (24) hours a day, three hundred thirty thousand sixty-five (330,000365) square foot building ("Building") and all other improvementsdays a year using card readers, machineryor keys, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to Section 33 hereof and Exhibit “E” hereto. (ae) all liensSubject to the limitations set forth herein, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") Landlord reserves (i) the right from time to time to make changes, alterations, additions, improvements, repairs or replacements in effect on or to the Effective Date Building and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, elevators, escalators and stairways and other parts of this Lease the Building, and to erect, maintain, and use pipes, ducts and conduits in and through the Premises, all as specified Landlord may reasonably deem necessary or desirable; provided, however, under no circumstances may Landlord erect any pipes, ducts or conduits in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") any location within the Premises which interferes with or adversely impacts the use of the Premises, (ii) approved the right to eliminate, substitute, modify and/or rearrange the Common Areas (which may theretofore have been so designated) as Landlord deems reasonably appropriate, and (iii) change the name, number or deemed approved designation by which the Building is commonly known, in which event, Tenant will refer to the Building by the name, number or designation as determined by Landlord from time to time. Tenant’s nonexclusive right to utilize the Common Areas shall be in common with Landlord, other tenants and occupants of the Building and others to whom Landlord grants such rights from time to time. Notwithstanding anything herein contained to the contrary, in exercising its rights pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution other provisions of this Lease or thereafter promulgated. In the event thatLease, after the Effective Date any new Title Matters appear of record, such matters Landlord shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does (a) not materially and adversely impair interfere with Tenant’s access to or operations in the Premises or Tenant’s use of the Common Areas which remain available for common use, however, the foregoing shall not preclude Landlord from modifying the Building lobby, or occupancy modifying or eliminating areas outside of the Building or (b) not materially or adversely increase any obligation of Tenant under this Lease. Under no circumstances shall Landlord undertake any action which materially restricts Tenant’s view out of its windows (including the hanging of any banners or signs). In addition, (w) any replacements, substitutions or alterations by Tenant Landlord shall be, in the reasonable opinion of Landlord, substantially equivalent to or better than then existing facilities, (x) installations, replacements and relocations shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces, within perimeter walls of the Premises for its intended purpose. Tenant or otherwise in boxed enclosures, (y) all work within the Premises by Landlord, other than due to an Emergency (as hereinafter defined) or required by Law (as hereinafter defined), shall deliver written notice be performed at such times and in such manner, as to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days create the least practicable interference with Tenant’s use of the delivery Premises and (z) no such work by Landlord, other than due to an Emergency or required by Law, shall reduce the square footage of the floor area of the Premises in excess of two percent (2%) per floor of the Premises. Except in the case of Emergencies, Landlord agrees to give Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises. (f) Landlord reserves the right from time to time upon at least ninety (90) days’ advanced written reminder notice, including the new Title Matter proposed relocation date (the “Relocation Notice”), to relocate the portion of Tenant’s Premises located on the fourth floor only to other premises within the Building prior to or during the Term of this Lease; provided (i) the usable area so substituted equals or exceeds the usable area of the fourth floor of the Premises and (ii) the buildout and finish of the replacement space shall be deemed approvedsubstantially the same as, or better than, the fourth floor of the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Lessor hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all Lessee a portion of that certain parcel of land situated in Property, hereinafter defined, as well as antenna space on the County tower, hereinafter designated as “Lessor’s Tower,” with the entirety of Riverside, Lessee’s equipment and State of California delineated antenna space hereinafter designated as “Facility,” all as more particularly shown on Exhibit "A" A and Exhibit A-1, attached hereto and incorporated herein made a part hereof; and further described as a 20’ x 30’ parcel, containing six hundred ("Land")600) square feet, together with those certain Landlord's Improvements all of same being a portion of the property at 00000 Xxx Xxxxxx Xxxx, XxXxxxxx, Virginia. Said address is further described on Xxxxxxxxx County Treasurer’s Office, Real Estate Tax Statement, as defined in Map Number and Description 00 00X XX 00. The entirety of Lessor’s property is hereinafter designated as “Property.” The portion of the Work Letter attached hereto as Exhibit "B" ("Work Letter") Property leased to be constructed by Landlordthe Lessee, including an approximately three hundred thirty thousand any rights-of-way, is hereinafter designated as “Premises.” a. Lessor and Lessee further agree and acknowledge that the Facility noted on Exhibit A-1, attached herein and incorporated by this reference, wholly and entirely represents its final installed configuration, pursuant to this Agreement. b. The Lessee shall have the non-exclusive right for access, and ingress and egress, seven (330,0007) square foot building days a week, twenty-four ("Building"24) and all other improvementshours a day, machineryon foot, equipment, fixtures and other property (except Tenant's trade fixtures)or motor vehicle, to the Premises. It is further agreed, however, that only authorized engineers, employees, and/or properly authorized contractors of Lessee, or persons under their direct supervision, will be installed or located thereon and all additionspermitted to enter such Premises. Notwithstanding the foregoing, alterations and replacements thereof (collectively "Improvements"). Herein Lessor grants to Lessee, the Land and the Improvements are referred right of access to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") and other necessary areas of the Property), for its permitted uses subject to the terms and conditions noted in the prime lease, license or other similar agreement with a third party (i) where applicable), for a particular location or site, which prime lease, license, or other similar agreement with a third party, shall be in effect on full force and effect, with same being attached to this Agreement as Exhibit C, when applicable. Lessor also grants to Lessee the Effective Date of this Lease easement and right to install and maintain wires, cables, conduits and pipes within, over, under or along the Property as specified detailed in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant A. Additionally, the Lessor grants to this Section 1.1Lessee any specific right of way for access, ("Permitted Encumbrances") and (b) any lawfrom the nearest public right-of way, regulationOld Cryors Road, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereofPremises, in effect on the execution of this Lease or thereafter promulgated. as described Exhibit A. In the event thatany public utility is unable to use the aforementioned rights-of-way or easement, after the Effective Date any new Title Matters appear of recordLessor hereby agrees to grant an additional right-of-way, such matters shall be subject either to the review and approval of Tenant which approval shall not be withheld so long as Lessee or to the new Title Matter does not materially and adversely impair public utility, at no cost to the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedLessee.

Appears in 2 contracts

Samples: Tower Site Lease Agreement, Tower Site Lease Agreement

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant and Tenant hereby leases from Landlord, upon and subject to Landlord the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")Premises, together with those certain Landlord's Improvements as defined the right in common with others to use the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises"Common Areas. Tenant acknowledges that this Lease is subordinate and shall have access to the Premises, 24 hours per day, 365 days per year, subject to reasonable security requirements, periodic maintenance and emergency situations and to all of the terms and conditions of this Lease. Subject to Landlord’s obligations with respect to the Tenant Improvements, Tenant accepts the Premises, Building and Common Areas “AS IS”, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Landlord and Tenant stipulate and agree to the rentable square footage set forth in Section 1 above without regard to actual measurement. (a) all liensLandlord shall cause to be constructed, encumbrancesin compliance with applicable Laws, deeds of trust, reservations, covenants, conditions, restrictions the tenant improvements described on Exhibit “C” (the Tenant Improvements”). All bids received and other matters affecting subsequent documentation shall be available for Tenant’s review on an “open book” basis and Tenant shall be permitted to participate in the Premises construction meetings ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances"which shall be held not less frequently than twice per month) and (b) any lawin the selection process; provided, regulationhowever, rule, order or ordinance of any governmental entity applicable to that all contractors shall be selected by Landlord in Landlord’s sole but reasonable discretion. All construction documents and drawings and similar documents for the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters Tenant Improvements shall be subject to the review and approval of Tenant which approval shall Tenant’s approval, not to be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matterunreasonably withheld. If Tenant fails to respond to any request for such approval within two (2) business days, then such ten (10) day period approval shall be deemed given. Tenant shall have the right to inspect the progress of the Tenant Improvements upon reasonable advance notice to Landlord. Landlord shall cause the Tenant Improvements to be done in a good and workmanlike manner, and Landlord delivers shall diligently and expeditiously pursue the issuance of a written reminder building permit for the construction of the Tenant Improvements. Landlord shall cause the Tenant Improvements to be carried forward expeditiously and with adequate work forces so as to achieve Substantial Completion of the Tenant Improvements on or before the Estimated Commencement Date. In constructing the Tenant Improvements, Landlord reserves the right to make substitutions of material of equivalent grade and quality if any specified material shall not be readily and reasonably available upon prior notice to Tenant. Upon the Tenant Improvements being Substantially Completed, Landlord shall notify Tenant, and Tenant fails or its Agents shall inspect the Tenant Improvements with Landlord within three (3) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, Tenant shall deliver to respond Landlord a punchlist of defective or incomplete portions of the Tenant Improvements. Landlord shall cause such punchlist items to be repaired or completed within five thirty (530) days of the delivery Landlord’s receipt of the written reminder noticepunchlist. Upon completion of all punchlist items to Tenant’s reasonable satisfaction, it shall be presumed that all of the new Title Matter Tenant Improvements shall be free from latent defects in materials and workmanship, excluding however, all repairs required in connection with routine maintenance and those repairs caused by Tenant. Notwithstanding the foregoing, Landlord shall repair, at its sole cost and expense, any latent defects in the Tenant Improvements discovered within one (1) year following the Substantial Completion of the Tenant Improvements. (b) Notwithstanding the foregoing, in the event that the Tenant Improvements are not Substantially Completed, in whole or in part, due to Tenant Delay, then the Free Rent Period shall be reduced for every day of such delay, and if such delay is longer than the Free Rent Period, Tenant’s obligation to pay Rent hereunder shall not be affected or deferred on account of such delay, and the Commencement Date shall be deemed approvedto be the date that the Tenant Improvements would have been Substantially Completed but for such Tenant Delay. (c) Following the determination of the Commencement Date, the parties shall execute a commencement date memorandum memorializing the Commencement Date, Free Rent Period, Expiration Date, and Tenant’s acceptance of the Premises in the form of Exhibit “H” attached hereto. (d) Commencing on the date that is approximately thirty (30) days prior to the date that the Tenant Improvements are reasonably expected to be Substantially Completed, Landlord shall permit Tenant to enter the Premises in order to commence installing its furniture, equipment, cabling and wiring and fixtures, subject to Tenant obtaining, at Tenant’s sole cost and expense, all Permits required in connection with the installation thereof. With respect to such early access, all provisions of this Lease shall then be in full force and effect, specifically including, but not limited to, Sections 8 and 10 hereof (excluding however, Tenant’s obligation to pay Monthly Rent and utilities). Furthermore, Tenant’s entry in the Premises shall not interfere with Landlord’s construction of the Tenant Improvements and any such interference shall be considered a Tenant Delay hereunder. In connection with such early access, Tenant shall follow the policies and safety directives of Landlord’s contractor.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Neuronetics, Inc.)

Premises. Landlord, for Subject to and in consideration with the benefit of the rentsprovisions of this Lease, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel Rentable Floor Area of land situated Tenant's Space in the County of RiversideBuilding (hereinafter, and State of California delineated on Exhibit the "A" attached hereto and incorporated herein ("LandTenant's Space"), together with those certain Landlordthe appurtenances described below. Tenant's Improvements Space as defined 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 Premises, the right to use in common with other tenants of the Park, as hereinafter defined, the areas shown on the Plan attached hereto as part of Exhibit A as "Building Parking Area", all subject to and as further provided in Section 10.18 hereof. Tenant shall also 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 Work Letter park, commonly known and referred to as the Bedford Woodx Xxxice Park and shown on the Plan of the Park attached hereto as part of 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 as Exhibit "B" A, as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof provided however that ("Work Letter"i) any amendments or modifications to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except such Common Area will not materially adversely effect Tenant's trade fixtures), ability to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting access the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved Landlord will provide Tenant prior written notice thereof and (iii) provided further that any such amendments or deemed approved pursuant modifications to this Section 1.1the Common Areas are reasonably functionally equivalent to the portion of the Common Areas that they amend or replace, ("Permitted Encumbrances") and (b) any lawall rights of ingress and egress to and from the Building and to and from the Park, regulationall service areas, ruledrainage structures and areas for surface water runoff, order including, without limitation, storm drainage systems, ground water recharge areas and detention areas, (c) all driveways, roadways, sidewalks and footways and lighting systems, (d) all parking areas designated as common or ordinance visitors parking areas for use of any governmental entity applicable the entire Park, if any, (e) all other rights appurtenant to the Premises or Lot and the use or occupancy thereofBuilding, in effect on the execution of this Lease or thereafter promulgated. In the event thatand (f) all utility lines, after the Effective Date any new Title Matters appear of recordelectricity, such matters shall be subject to the review water and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially sewage disposal pipes and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedstructures.

Appears in 2 contracts

Samples: Lease Agreement (Rsa Security Inc/De/), Lease Agreement (Rsa Security Inc/De/)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and Landlord the Premises subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated provisions herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises"contained. Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting has inspected the Premises ("Title Matters"and portions of the Property and Center providing access to or serving the Premises) or has had an opportunity to do so, and agreed to accept the same “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any Alterations, repairs or improvements unless expressly provided under this Lease. Tenant further acknowledges that Landlord has not made any representation or warranty (express or implied) with respect to the habitability, condition or suitability of the Premises or Property for Tenant’s purposes or any particular purpose. Notwithstanding anything to the contrary contained in this Lease and without reducing any other obligations of Landlord hereunder, Landlord represents and warrants to Tenant that, as of the Commencement Date, (i) in effect on the Effective Date Premises shall be free and clear of this Lease as specified in Exhibit "C" attached hereto occupants and incorporated herein ("Preliminary Report") or third party occupancy rights, (ii) approved or deemed approved pursuant to this Section 1.1the Building and the Premises and every part thereof, shall be in compliance with all applicable codes, laws, ordinances and regulations, ("Permitted Encumbrances"iii) all Landlord’s Work shall be substantially completed in a good and workmanlike manner and free from defects with the exception of “punch list” items which shall be agreed between the parties and completed by Landlord as provided in Exhibit D, Work Letter, and (biv) any lawthe structural elements of the Building, regulationthe electrical and lighting systems serving and within the Premises, rulethe life safety systems servicing the Premises, order or ordinance of any governmental entity applicable to if any, the sprinkler system serving the Premises, if any, the HVAC systems serving the Premises, the roof (including the roof membrane), the plumbing and sewer systems serving the Premises or and the use or occupancy thereof, in effect window coverings on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review Premises are all in good working order and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedcondition.

Appears in 2 contracts

Samples: Lease (Trupanion Inc.), Lease (Trupanion Inc.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated forth in this Lease the County of Riverside, and State of California delineated on (the "Premises") shown Exhibit "A" A attached hereto and incorporated herein described in the Basic Lease Information, which Premises are located in the building (the "LandBuilding") described in the Basic Lease Information. The Building is part of a larger campus for Making Waves Academy consisting of the MWA Middle School and the MWA Upper School (the "Campus"). As used in this Lease, together the term "Campus" shall include the parcel or parcels of land on which the MWA Middle School and the MWA Upper School is located and all appurtenances thereto. The Premises shall include the appurtenant right to the use, subject to the reasonable rules and regulations as may be promulgated by Landlord from time to time, all portions of the Campus other than the Premises. Landlord reserves the right to close, make alterations or additions to, or change the size, configuration, use and location of elements of the Building and the Campus and their respective common areas. All of the windows and outside decks or ten-aces and walls of the Premises and any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof and access thereto through the Premises for the purposes of operation, maintenance and repairs, are reserved to Landlord. Tenant shall not in any event be permitted to use the roof of the Building for any purpose without first obtaining the prior consent of Landlord; provided however, that the Landlord shall permit Tenant to sublease the roof the Premises for the installation of solar panels provided that all such solar panel work is performed in accordance with those Article 8 and such installation does materially adversely affect the operation of the Building or the functionality of the roof. 1.2 For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a person certified pursuant to Section 4459.2 of the California Government Code (a Certified Access Specialist). Tenant hereby waives any and all rights it otherwise might now or hereafter have under Section 1938 of the California Civil Code. Landlord and Tenant expressly agree that there are and shall be no implied warranties of merchantability, habitability, fitness for a particular purpose, or any other kind arising out of this Lease and there are and shall be no warranties that extend beyond the warranties, if any, expressly set forth in this Lease. 1.3 Tenant shall use such parking spaces solely for parking automobiles of Tenant'sofficers, students, families, visitors and employees. Tenant shall comply with all Rules and Regulations and all laws now or hereafter in effect relating to the use of parking spaces. Without limiting the foregoing, in no event shall this Lease be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage, nor shall there be any abatement of rent hereunder, by reason of any reduction in Tenant's parking rights hereunder by reason of strikes, lock-outs, labor disputes, shortages of material or labor, fire, flood or other casualty, acts of God or any other cause beyond the control of Landlord. 1.4 Tenant acknowledges that Landlord may be required to disclose certain Landlord's Improvements information concerning the energy performance of the Building pursuant to California Public Resources Code Section 25402.10 and the regulations adopted pursuant thereto (collectively the "Energy Disclosure Requirements"). Tenant acknowledges prior receipt of the Data Verification Checklist, as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Energy Disclosure Requirements, and agrees that Landlord has timely complied in full with Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein obligations under the Land and the Improvements are referred to collectively as the "Premises"Energy Disclosure Requirements. Tenant acknowledges and agrees that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) Landlord makes no representation or warranty regarding the energy performance of the Building or the accuracy or completeness of the Data Verification Checklist, (ii) the Data Verification Checklist is for the current occupancy and use of the Building and that the energy performance of the Building may vary depending on future occupancy and/or use of the Building, and (iii) Landlord shall have no liability to Tenant for any errors or omissions in effect on the Effective Date of Data Verification Checklist. If and to the extent not prohibited by applicable Jaw, Tenant hereby waives any right it may have to receive the Data Verification Checklist, including, without limitation, any right Tenant may have to terminate this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant a result of Landlord's failure to this Section 1.1disclose such information. Further, ("Permitted Encumbrances") and (b) Tenant hereby releases Landlord from any law, regulation, rule, order or ordinance of any governmental entity applicable liability Landlord may have to Tenant relating to the Premises or Energy Data Verification Checklist, including, without limitation, any liability arising as a result of Landlord's failure to disclose any matter requiring disclosure under the use or occupancy thereof, in effect on Energy Disclosure Requirements to Tenant prior to the execution of this Lease or thereafter promulgatedLease. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant Xxxxxx's acceptance of the Premises for its intended purpose. Tenant shall deliver written notice pursuant to Landlord the terms of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter this Lease shall be deemed approvedto include Tenant's approval of the energy performance of the Building and the Data Verification Checklist.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon for the term and subject to and with the benefit of the terms, covenants covenants, conditions and conditions hereinafter set forthprovisions hereof, all that certain parcel part of land situated in the County Third Floor and part of Riversidethe Basement (the “Premises”), and State of California delineated as shown on Exhibit "A" “B” attached hereto and incorporated herein ("Land")made part of hereof, together with those certain Landlord's Improvements as defined in the Work Letter building (the “Building”) erected on certain land (the “Land”) located at 000 Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx 00000, and as more particularly described in Exhibit “A” attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlordand made a part hereof. For purposes of this Lease, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other the property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the “Property”) shall mean the Land and all of the Improvements are referred to collectively as the "Premises"buildings now or hereafter located thereon. Tenant acknowledges that this Lease is subordinate shall have, as appurtenant to the Premises, the non-exclusive right to use, and subject permit its invitees to (a) all liensuse in common with Landlord and others, encumbrancesthe elevators, deeds of trustwalkways, reservationsdriveways and access roads necessary for access to the Premises and the parking areas, covenantsloading areas, conditionstrash enclosures, restrictions pedestrian sidewalks, landscaped areas, recreation areas and other matters affecting areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises ("Title Matters"25,472 rentable square feet) by the total rentable area of the Building (i) in effect on 182,106 rentable square feet). Landlord and Tenant acknowledge and accept the Effective Date rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable the rentable square feet with respect to the Premises or the use Building; provided, however, that if the Building is expanded or occupancy thereofreconfigured to increase its total rentable area, in effect on or if a material portion of the execution Common Areas of this Lease or thereafter promulgated. In the event thatBuilding are converted into a separately demised area and leased to a specific tenant of the Building, after the Effective Date any new Title Matters appear of record, such matters then Tenant’s Proportionate Share shall be subject to the review and approval of Tenant which approval shall not be withheld so long recalculated accordingly. It is hereby agreed that as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten Lease Commencement Date (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder noticeas hereinafter defined), the new Title Matter Tenant’s Proportionate Share shall be deemed approvedequal to 13.99%.

Appears in 2 contracts

Samples: Lease Agreement (Histogenics Corp), Lease Agreement (Histogenics Corp)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to all of the terms, covenants terms and conditions hereinafter set forthforth herein, all that those certain parcel of land situated premises described as the Premises in the County of RiversideBasic Lease Information. Notwithstanding the foregoing to the contrary, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate expressly conditioned upon the termination by Landlord of that certain Net Lease Agreement, dated April 4, 2012, by and subject between Landlord and Nuance Communications, Inc., a Delaware corporation, pursuant to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting which Landlord leased the Premises to Nuance Communications, Inc. ("Title Matters"“Nuance,” and such lease, the “Nuance Lease”). Landlord agrees to diligently attempt to achieve such termination of the Nuance Lease, and will keep Tenant apprised of the status of Landlord’s efforts. If Landlord succeeds in terminating the Nuance Lease, Landlord will promptly notify Tenant of such fact. If at any time Landlord reasonably believes that it is unable to terminate the Nuance Lease, Landlord may, by written notice to Tenant, terminate this Lease, in which event, this Lease shall automatically terminate and neither Landlord nor Tenant shall have any further rights or obligations under this Lease. Notwithstanding the foregoing, if, as of the date that is sixty (60) (i) in effect on days following the Effective Date date of mutual execution and delivery of this Lease, Landlord has not notified Tenant of Landlord’s successful negotiation and full execution of an agreement terminating the Nuance Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant accordance with the terms described in this Article 1, Tenant will have the right, by written notice delivered to this Section 1.1, ("Permitted Encumbrances") and (b) Landlord at any law, regulation, rule, order or ordinance of any governmental entity applicable time prior to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant date upon which approval shall not be withheld Landlord so long as the new Title Matter does not materially and adversely impair the use or occupancy by notifies Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days termination of the delivery of the written reminder noticeNuance Lease, the new Title Matter shall be deemed approvedto terminate this Lease.

Appears in 2 contracts

Samples: Net Lease Agreement (Confluent, Inc.), Net Lease Agreement (Confluent, Inc.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, The Landlord hereby leases to Tenant the Tenant, and the Tenant hereby leases from the Landlord, upon and subject for the Term, the Premises comprised of the space illustrated on Exhibit C-1, in its current as-is condition, except for (i) completion of work required by Landlord to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated fulfill Landlord’s obligations as outlined in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter Tenant/Landlord Responsibility Matrix attached hereto as Exhibit "B" D provided the parties acknowledge and agree that Landlord’s Work shall proceed concurrently with the construction of Tenant’s Work ("to the extent that such Landlord’s Work Letter"does not materially interfere with the construction of Tenant’s Work); (ii) to be constructed by Landlorddemolition and disposal of the existing improvements in the Premises, including an approximately three hundred thirty thousand (330,000iii) square foot installation of a new centralized lab-ready base building ("Building") HVAC system, delivery of mechanical electrical, life safety and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting plumbing systems serving the Premises in good operating condition and repair, and ("Title Matters"iv) refurbish the existing common area locker and common shower room on the first floor of the Building (all work described in (i) — (iv) above, collectively, the “Landlord’s Work”) subject to the exclusion herein below set forth in effect on this Section 2.1, Landlord’s reservations set forth in Section 2.3, such easements, covenants and restrictions as may affect the Effective Date Property and the terms and conditions of this Lease as specified . Landlord shall perform the Landlord’s Work in Exhibit "C" attached hereto a good and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1workmanlike manner, ("Permitted Encumbrances") free from faults and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereofdefects, in effect on compliance with all applicable federal, state and local laws, rules and regulations. Landlord shall complete the execution Landlord’s Work in a timely and diligent manner and in accordance with the Construction Schedule set forth at Exhibit M, and with the completion of this Lease or thereafter promulgatedthe Landlord’s Work scheduled to occur no later than May 31, 2018 (the “Landlord’s Work Target Date”). In the event thatthat Landlord has not completed Landlord’s Work by July 15, 2018 (the “Initial Delivery Deadline”), subject in each case to extension for each day of Tenant Delay pursuant to the Work Letter, Tenant shall be entitled to one (1) day of abatement of Annual Fixed Rent for each day of such delay. Completion of Landlord’s Work shall be achieved when such work is complete except for Punch List (as defined below) items that do not adversely affect Tenant’s Use and occupancy of the Premises, all utilities, building systems and equipment, including without limitation the HVAC systems and components, are in good working order and Landlord has received a certificate of occupancy from the applicable authority of the City of Cambridge for Landlord’s Work (excluding the Tenant Improvements). In the event that Landlord has not completed Landlord’s Work within forty-five (45) days after the Effective Date any new Title Matters appear of recordInitial Delivery Deadline, such matters then Tenant shall be entitled to two (2) days of abatement of Annual Fixed Rent for each day of such delay. In the event that Landlord has not completed Landlord’s Work within one hundred thirty-five (135) days after the Initial Delivery Deadline (herein, the “Outside Delivery Deadline”), subject to the review and approval extension for each day of Tenant which approval shall not Delay pursuant to the Work Letter, this Lease may be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy terminated by Tenant of the Premises for its intended purpose. Tenant shall deliver Tenant, effective upon written notice delivered to Landlord of its approval or disapproval of such Title Matters within no later than the date that is ten (10) days after delivery by Landlord to Tenant of such new Title MatterOutside Delivery Deadline. If Tenant fails has not delivered such written notice of termination to respond Landlord within such ten required time period, then this Lease shall remain in full force and effect. If Tenant delivers such written notice of termination within such required time period, then the Security Deposit, or any balance thereof (10i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except any provisions which expressly survive termination of this Lease. Landlord shall use good faith efforts to ensure, and cause Contractor to ensure, that completion of the Landlord’s Work shall not interfere with the ongoing construction of the Initial Leasehold Improvements. See Section 4.5 herein for additional requirements governing the Landlord’s Work. On or before the anticipated Rent Commencement Date, Tenant or Tenant’s representative shall conduct an inspection of the Premises with Landlord or Landlord’s representative to develop a punch list of all Landlord’s Work items which are not complete or which require correction (the “Punch List”). Landlord shall complete and/or correct all items on the Punch List within thirty (30) day days after Landlord receives the Punch List and shall give Tenant written notice when all of the items on the Punch List have been completed and/or corrected. Landlord warrants, for a period of one year from the date of completion of Landlord’s Work as provided in this Section, that Landlord’s Work shall be constructed (i) in a good and workmanlike manner and with all utilities, building systems and equipment, including without limitation the HVAC systems and components, in good working order (such warranty shall be exclusive of equipment warranties provided directly by manufacturers for equipment to be installed within the Premises as provided below), (ii) in compliance with applicable legal requirements, and (iii) substantially in accordance with the plans and specifications therefor (collectively, “Landlord’s Warranty”). Tenant shall have one year after the date of completion of Landlord’s Work as provided in this Section within which to notify Landlord of any breach of Landlord’s Warranty (a “Construction Defect”). Within 30 days after delivery Tenant’s notice of any such Construction Defect, Landlord shall remedy or cause the responsible contractor to remedy any such Construction Defect within a reasonable time. Tenant shall be entitled to receive the benefit of all construction warranties and manufacturer’s equipment warranties relating to equipment installed in the Premises. If requested by Tenant, Landlord shall attempt to obtain extended warranties from manufacturers and suppliers of such equipment, but the cost of any such extended warranties shall be borne by Tenant or payable out of the LIA (as defined in the Work Letter). Tenant shall further be subject to any easements, covenants and/or restrictions or other matters of record encumbering the Park provided that any such matters of record arising after the date hereof do not prohibit Tenant’s use and occupancy of the Premises for the Permitted Use or materially and adversely affect Tenant’s rights under this Lease. The Tenant acknowledges that, except as expressly set forth in this Lease, there have been no representations or warranties made by or on behalf of the Landlord with respect to the Premises, the Building or the Property or with respect to the suitability of any of them for the conduct of the Tenant’s business or activities. The Premises shall exclude common areas and facilities of the Property, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, first floor elevator lobby and lavatories, the common stairways and stairwells, elevators and elevator xxxxx, boiler room, sprinklers, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common other parts of the Building. If the Premises at any time includes less than the entire rentable floor area of any floor of the Building, the Premises shall also exclude the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor. Landlord shall be delivering the Premises in “as is” condition at the Commencement Date of the Lease. Prior to the Commencement Date, Landlord shall provide Tenant with evidence of the decommissioning of the Premises by the prior tenant. Landlord represents and warrants to Tenant that, to the best of Landlord’s current knowledge, information, and belief, (a) the Building and the Premises are in material compliance with all applicable zoning, land use and environmental laws and agreements, the Americans with Disabilities Act of 1990, as amended, and the requirements of all easement and encumbrance documents and Landlord delivers a written reminder notice covenants to Tenant keep the Building in compliance throughout the Term; (b) Landlord holds the tenant’s interest under the Ground Lease (as such term is defined in Section 12.14), subject to no mortgage other than the current mortgage to CIGNA; (c) Landlord has full power and Tenant fails authority to respond within five enter into this Lease and has obtained all consents and taken all actions necessary in connection therewith; and (5d) days of no other party has any possessory right to the delivery of Premises or has claimed the written reminder notice, the new Title Matter shall be deemed approvedsame.

Appears in 2 contracts

Samples: Lease Agreement (Fulcrum Therapeutics, Inc.), Lease Agreement (Fulcrum Therapeutics, Inc.)

Premises. Landlord, for Subject to and in consideration of accordance with the rentsprovisions hereof, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated Premises as designated on Exhibit "A" attached hereto , consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed this Lease, no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or the Work Letter attached hereto, Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s taking possession of the Premises for the purposes of conducting business, the Premises, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvementsInitial Improvements, machineryshall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, equipment, fixtures and other property (except Tenant's trade fixtures)subject to the terms hereof, to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein use the Land and Common Areas of the Improvements are referred to collectively as the "Premises"Project. Tenant acknowledges that this Lease the Project is subordinate and subject to (a) all liensor may become an integrated commercial real estate project including the Building, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions the Land and other matters affecting buildings, Common Areas and land. Landlord reserves the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereofright, in effect on its sole discretion, at any time and from time to time, to include the execution Building within a project and/or to expand and/or reduce the amount of this Lease Land and/or improvements of which the Building, the Common Areas, or thereafter promulgated. In Project consists; to alter, relocate, reconfigure and/or reduce the event thatCommon Areas; and to temporarily suspend access to portions of the Common Areas, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so as long as the new Title Matter does not materially Premises remain reasonably accessible and adversely impair the Tenant’s use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedis not materially diminished.

Appears in 2 contracts

Samples: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)

Premises. LandlordSubject to the terms of this Lease, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant and Tenant hereby leases from LandlordLandlord the entirety of the Premises. Tenant accepts the Premises in its “AS IS” condition, upon and subject without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Prior to the termsCommencement Date, covenants representatives of Landlord and conditions hereinafter set forthTenant shall conduct a walk-through of the Premises at a mutually convenient time to determine if any Building Systems are not working. If any Building Systems are not working at such time, all that certain parcel of land situated in then Landlord shall promptly repair the County of Riverside, same at Landlord’s expense. Landlord and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) acknowledge that all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") square foot measurements are approximate and (b) stipulate and agree to the rentable square footages set forth in Sections 1(c) above for all purposes with respect to this Lease. Landlord shall: (i) remove all debris and fencing from the parking lot located on the Land, (ii) improve the parking lot with slurry seal on the asphalt area and new striping of the asphalt and concrete areas, which shall result in approximately three (3) parking spaces per each 1,000 square feet of the Building; and (iii) construct a trash enclosure, and (iv) complete any law, regulation, rule, order other work or ordinance of any governmental entity applicable improvements to the Premises or required by the use or occupancy thereofCity of Sunnyvale pursuant to the necessary permit to complete the trash enclosure (collectively, in effect on the execution of this Lease or thereafter promulgated“Landlord’s Work”). In the event that, after the Effective Date any new Title Matters appear of record, such matters Landlord’s Work shall be subject completed in accordance with all Laws and regulations of the City of Sunnyvale, and shall be at Landlord’s cost. Landlord shall use commercially reasonable efforts to complete items (i) and (ii) by August 1, 2016 and items (iii) and (iv) by September 1, 2016. Each of the review and approval parking spaces striped by or on behalf of Tenant which approval Landlord shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of legally compliant parking spaces. The kitchen appliances listed in Exhibit H hereto shall remain within the Premises for its intended purposeTenant’s use. Furthermore, all data wiring serving the Premises and existing prior to the Commencement Date (the “Cabling”) shall remain intact and in place, and Tenant shall deliver written notice have the right to use such Cabling during the Term, but any changes to the Cabling shall be at Tenant’s sole expense. Landlord represents and warrants that to Landlord’s actual knowledge, the Premises is compliant with all Laws, except for the need for a trash enclosure if the user of the Building does not compost all of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedwaste.

Appears in 2 contracts

Samples: Lease (JFrog LTD), Lease Agreement (JFrog LTD)

Premises. Landlord, for and in In consideration of the rentsrent and other agreements contained in this Lease, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant and Tenant hereby leases rents from Landlord, upon and subject to Landlord the terms, covenants and conditions premises (hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises") described as follows: A retail store space numbers 214, 216, and 218 containing approximately 6,000 square feet within the Peabody Place Centre (hereinafter the "Shopping Center"), municipally described as Peabody Place Retail/Entertainment Development, in Memphis, Tennessee. Tenant acknowledges that this Lease is subordinate The Premises are designated on Exhibit A hereto for the purpose of setting forth the configuration and subject to (a) all liens, encumbrances, deeds approximate location of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises within the Shopping Center Site (the "Title MattersShopping Center Site" being defined to include all property shown on Exhibit A hereto). The Premises shall be improved or otherwise prepared for occupancy by Tenant in accordance with Exhibit C which sets out any work improvements to be implemented by Landlord and the cost, if any, to Tenant. In the absence of any specific requirements set forth on Exhibit C, Tenant shall be deemed to have accepted the Premises "as is", except for any items specified on a punch list delivered to Landlord within thirty (30) days after possession of the Premises is delivered to Tenant. Notwithstanding the foregoing, Tenant shall not be deemed to have waived its right to require Landlord to correct any latent defects as long as Tenant gives notice thereof to Landlord on the earlier of thirty (30) days after discovery of the defect or thirty (30) days after the date Tenant should have been alerted to the existence thereof had Tenant acted reasonably, provided such notice must be provided in any event within one (1) year after delivery of possession of the Premises, Landlord covenants and agrees to (i) deliver the Premises in effect on compliance with legal, code and zoning requirements exclusive of any such requirements relating to Tenant's Work including, but not limited to, building or occupancy permits, (ii) deliver the Effective Date of this Lease utility systems to the Premises as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1C in good working order, ("Permitted Encumbrances") and (biii) any lawdeliver the rough shell building in good condition and repair, regulation, rule, order or ordinance free of any governmental entity applicable asbestos. Tenant shall use commercially reasonable efforts to the Premises or the use or occupancy thereofsubmit plans and specifications for Tenant's Work to Landlord for its approval, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as unreasonably withheld, on or before [***]. Landlord shall approve such plans and specifications or provide specific objections thereto within [***] days after their receipt. Landlord acknowledges that Tenant's prototype design plan for its store incorporates the new Title Matter does not materially and adversely impair open storefront element into the use or occupancy by Tenant design of the Premises for its intended purpose. provided that Tenant shall deliver written notice constructs such portion (and all portions) of Tenant's Work in compliance with applicable law, Exhibit C of this Lease, and pursuant to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery plans and specifications approved in advance by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedLandlord.

Appears in 2 contracts

Samples: Retail Lease Agreement (Silicon Entertainment Inc /Ca/), Retail Lease Agreement (Silicon Entertainment Inc /Ca/)

Premises. Landlord, for and in In consideration of the rentsagreements, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, requirements, provisions and restrictions to be kept, observed, performed, satisfied and complied with by Tenant, and of the Minimum Rent specified and provided for in this Lease, and upon the terms and conditions herein stated, Landlord hereby lets, leases and demises unto Tenant, and Tenant hereby leases, takes and accepts from Landlord, the Premises, without any representation or warranty (expressed or implied) by Landlord except as explicitly set forth in this Lease, subject to the following: (a) Landlord's written approval, in Landlord's sole discretion, of (x) all plans and specifications for the construction of the Improvements and the installation of the Furnishings, and (y) the construction of the Improvements and the installation of the Furnishings, all in accordance with this Lease; (b) All applicable Laws, Project Requirements, the Operating Conditions, Rules and Regulations, and all building and zoning ordinances; (c) All easements, encumbrances and other matters of record; (d) All encroachments, overlaps, lot ties, boundary line disputes or other matters which would be disclosed by an accurate survey or inspection of the Premises or a review of title matters affecting the Site; and (e) All terms and conditions set forth in this Lease. Tenant acknowledges that prior to or subsequent to the Execution Date, Landlord and/or Landlord's Affiliates may subdivide the Project and/or enter into lot tie agreements, easements or other matters affecting the Premises ("Title Matters") (i) Site. This Lease shall at all times be subject and subordinate to all such subdivisions, lot ties, easements or other matters affecting the Site. As a condition to entering into this Lease, Tenant agrees and acknowledges that Tenant and any subtenants and/or assignees shall execute any and all documents required by Landlord in effect connection with such subdivision, lot tie, easement or other matter affecting the Site. If any such party fails to execute any such agreement upon request, Landlord may execute such agreement on behalf of such party. In addition, Tenant agrees to use its best efforts to ensure that Tenant's lenders or creditors, and the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") lenders or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance creditors of any governmental entity applicable to the Premises or the use or occupancy thereofsubtenant and/or assignee, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date execute any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery all documents reasonably required by Landlord to Tenant of in connection with such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of subdivision, lot tie, easement or other matter affecting the delivery of the written reminder notice, the new Title Matter shall be deemed approvedSite.

Appears in 2 contracts

Samples: Lease Agreement (Build a Bear Workshop Inc), Lease Agreement (Build a Bear Workshop Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases hires from LandlordLandlord a portion of floor 12A, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the "Premises") in the building known as 0000 Xxxxxxxx, in the Borough of Manhattan, New York County, City and State of New York (the "Building" and together with the plot of land upon which such building stands, the "Real Property") for a term (the "Term") to commence on the "Commencement Date" (hereinafter defined), and subject to end on the "Expiration Date" (hereinafter defined), both dates inclusive, unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law at the "Rent" (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and conditions dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as hereinafter set forthotherwise provided), all at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that certain parcel Tenant shall pay the first monthly installment on the execution hereof. If the Rent Commencement Date (as hereinafter defined) shall occur on a date other than the first (1st) day of land situated any calendar month, Tenant shall pay to Landlord, on the first (1st) day of the month next succeeding the month during which the Rent Commencement Date shall occur, an amount equal to such proportion of an equal monthly installment of Rent as the number of days from and including the Rent Commencement Date bears to the total number of days in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")said calendar month. Such payment, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed sum paid by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on upon the execution of this Lease or thereafter promulgated. In the event thatLease, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant constitute payment of the Premises Rent for its intended purpose. Tenant shall deliver written notice the period from the Rent Commencement Date to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) and including the last day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvednext succeeding calendar month.

Appears in 2 contracts

Samples: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks Inc)

Premises. (a) Landlord, for and in consideration of the rents, rents to be paid and covenants and agreements hereinafter set forthto be performed by Tenant, does hereby leases to lease unto Tenant and Tenant hereby leases from Landlord, upon and subject to premises comprised of approximately 20,000 square feet of leasable space (the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated "Premises") in the shopping center owned by Landlord containing approximately 230,000 square feet of leasable space on approximately 25 acres and commonly known as Chagrin Highlands, in the City of Cleveland, County of Riverside, Cuyahoga and State of California delineated Ohio (the "Center"). The location, size, and area of the Premises and of the Center as of the Commencement Date (defined below) will be substantially as shown on Exhibit "A" attached hereto and incorporated herein made a part hereof (the "LandSite Plan"), together with those certain Landlord's Improvements as defined in . A legal description of the Work Letter Center is attached hereto as Exhibit "B" and made a part hereof. ("Work Letter"b) The square footage specified in Section 1(a) shall be certified to be constructed Tenant by Landlord, including an approximately three hundred thirty thousand 's architect prior to the Rent Commencement Date (330,000defined in Section 3(b) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"below). Herein Tenant shall have ninety (90) days from the Land receipt of such certification to verify or object to Landlord's measurement. If Tenant objects to Landlord's measurement within said ninety (90) day period, the parties shall work together in good faith to resolve the differing square footage calculations. In computing the square footage of the Premises, the Premises shall be measured from the exterior surface of exterior walls and the Improvements are referred to collectively as middle of interior walls, excluding the "square footage of any mechanical and utility rooms, escalators, elevators, stairs and any other common area space located within the Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds If the square footage of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto verified and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved confirmed by Tenant pursuant to this Section 1.11(b) is less than the size specified in Section 1(a), Base Rent (defined in Section 4(a) below) and other charges shall be proportionately adjusted, but the foregoing shall not be construed as permitting a material variance in dimensions or area. (c) Landlord covenants that the Center is or shall be developed in accordance with the Site Plan and that it shall be used as a retail shopping center throughout the term of this Lease. Landlord shall not take or consent to any action which materially adversely affects access to, visibility of, parking for or use of the Premises. Notwithstanding the foregoing, no modification or replacement to the Center shall (i) reduce the ratio of parking spaces (for standard size American cars) to gross leasable area of buildings in the Center below five (5) spaces per 1,000 square feet of leasable space, (ii) alter or make any changes, including any reduction or rearrangement of parking spaces, to that portion of the Center indicated on the Site Plan as the "Permitted EncumbrancesProtected Area", (iii) and interfere with truck access to the loading doors of the Premises, (biv) any lawmaterially adversely interfere with customer access to the Premises, regulation(v) materially adversely interfere with the visibility of the Premises from the roads providing direct access to the Center, rule, order or ordinance (vi) result in the construction of any governmental entity applicable buildings in the area designated "No Build Area" on the Site Plan. In performing any construction work, repairs or maintenance in the Center permitted under this Lease after Tenant has taken physical possession of the Leased Premises, Landlord shall use good faith, commercially reasonable efforts to prevent any interference with parking for, access to or visibility or use of the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval business of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant any subtenant or licensee of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedTenant.

Appears in 2 contracts

Samples: Lease (Retail Ventures Inc), Lease (DSW Inc.)

Premises. LandlordThe Premises shall be located at: EMC GROUP, for and in consideration of INC. By: Its: EXHIBIT B TO THE TREATS FRANCHISE AGREEMENT BETWEEN EMC GROUP, INC. AND DATED , 200 ASSIGNMENT OF LEASE FOR VALUE RECEIVED, the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein undersigned ("LandAssignor") hereby assigns, transfers and sets over unto EMC GROUP, INC., a Florida corporation ("Assignee"), together with those all of Assignor's right, title and interest as tenant in, to and under that certain Landlord's Improvements as defined in the Work Letter Lease, a copy of which is attached hereto as Exhibit A (the "B" (Lease"Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof respecting premises commonly known as (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises"). Tenant acknowledges that This Assignment is for collateral purposes only and, except as specified herein, Assignee shall have no liability or obligation of any kind whatsoever arising from or in connection with this Assignment or the Lease is subordinate and subject to (a) all liens, encumbrances, deeds unless Assignee shall take possession of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises demised by the Lease pursuant to the terms hereof and shall assume the obligations of Assignor thereunder. Assignor represents and warrants to Assignee that it has full power and authority to assign the Lease and its interest therein and that Assignor has not previously assigned or transferred, and is not otherwise obligated to assign or transfer, any of its interest in the Lease or the Premises demised thereby. Upon a default by Assignor under the Lease or under that certain Franchise Agreement dated ___________, 19__ (the "Franchise Agreement") between Assignor and Assignee for that certain Treats Store located at the Premises, or in the event of a default by Assignor under any document or instrument securing the Franchise Agreement, Assignee shall have the right and is hereby empowered to take possession of the Premises demised by the Lease, expel Assignor therefrom, and, in such event, Assignor shall have no further right, title or interest in the Lease and shall remain liable to Assignee for all past due rents which Assignee shall be required to pay to Lessor to effectuate the assignment contemplated hereunder. Assignor agrees that it will not suffer or permit any surrender, termination, amendment or modification of the Lease without Assignee's prior written consent. Throughout the term of the Franchise Agreement, Assignor agrees that it shall elect and exercise all options to extend the term of or renew the Lease not less than thirty (30) days prior to the last day that said option must be exercised, unless Assignee otherwise agrees in writing. Upon Assignee's failure otherwise to agree in writing, and upon failure of Assignor to elect to extend or renew the Lease as aforesaid, Assignor hereby appoints Assignee as its true and lawful attorney in fact to exercise such extension or renewal options in the name, place and stead of Assignor for the sole purpose of effecting such extension or renewal. ASSIGNOR: Dated: ATTEST: By: Its: EXHIBIT B CONSENT TO COLLATERAL ASSIGNMENT AND AGREEMENT OF LESSOR IN THE MATTER OF a Lease dated the day of , 1993, made between as Landlord and as Tenant ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted EncumbrancesLease") and IN THE MATTER OF a Collateral Assignment of Lease dated between as Assignor and EMC Group, Inc. as Assignee (b"Collateral Assignment"). The undersigned Lessor under the aforedescribed Lease hereby: (1) Agrees to notify Assignee in writing of and upon the failure of Assignor to cure any lawdefault by Assignor under the Lease; (2) Agrees that Assignee shall have the right, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval but shall not be withheld so long as obligated, to cure any default by Assignor under the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters Lease within ten thirty (1030) days after delivery by Landlord Lessor of notice thereof in accordance with Section (1) above; (3) Consents to Tenant the foregoing Collateral Assignment and agrees that, if Assignee shall take possession of such new Title Matter. If Tenant fails the Premises demised by the Lease and confirms to respond Lessor the assumption of the Lease by Assignee as tenant thereunder, Lessor shall recognize Assignee as tenant under the Lease, provided that Assignee cures within such ten said thirty (1030) day period the defaults of Assignor under the Lease; and (4) Agrees that Assignee may further assign the Lease to or enter into a sublease with a person, firm or corporation who shall agree to assume the tenant's obligations under the Lease and Landlord delivers who is reasonably acceptable to Lessor and, upon such assignment, Assignee shall have no further liability or obligation under the Lease as assignee, tenant or otherwise, other than to certify that such additional assignee or sublessee operates the Premises demised by the Lease as a written reminder notice to Tenant and Tenant fails to respond within five Treats Franchise; and (5) days Agrees that in the event of an assignment or sublease pursuant to Item 4 above, to execute a further Consent to Collateral Assignment of the delivery Lease and Agreement by Landlord form in favor of the written reminder noticeEMC Group, the new Title Matter shall be deemed approved.Inc. DATED: LESSOR:

Appears in 2 contracts

Samples: Franchise Agreement (Emc Group Inc /Fl), Franchise Agreement (Emc Group Inc /Fl)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant the premises described in Section 1. and Tenant hereby leases from Landlordin EXHIBIT A (the "PREMISES"). Subject to (1) any additional work Landlord has agreed herein to do, upon and subject including, without limitation, that work which Landlord is required to perform pursuant to the termsprovisions of Section 29 below, covenants (2) the terms and conditions hereinafter representations of this Lease, including, without limitation, those set forth, all that certain parcel of land situated forth in the County of RiversideSections 8 and 29 below, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain 3) Landlord's Improvements agreement to cause the Project to comply with any notice (as defined in the Work Letter attached hereto as Exhibit subclause (A) and (B) below, a "B" ("Work LetterGOVERNMENTAL NOTICE") to be constructed by Landlord, including an approximately three hundred thirty thousand which is (330,000A) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed issued either before or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein after the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease by a governmental authority with jurisdiction requesting work to be performed in the Project (including any elevators and/or stairwells serving the Premises) and (B) for the purpose of causing the Project to be in compliance with a zoning, municipal, federal, county or state law, ordinance or regulation in effect as of the date of execution and delivery of this Lease (exclusive of an order to cause such compliance with respect to any improvements to and/or the use of the interior of the Premises; provided, however, that if and as long as Tenant utilizes improvements in the Premises in the condition of such improvements existing as of the Date of Lease without undertaking any modifications thereto, Landlord shall cause such existing improvements to comply with any such Governmental Notice), Tenant hereby accepts the Premises in their condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. The rentable square footage of the Premises shall include a portion of the common area of the Project and the occupied space located within the Project and dedicated to the service of the Project. Tenant agrees with the square footage specified for the Premises in Exhibit "C" attached hereto Section 1. and incorporated herein will not hereafter challenge such determination and agreement. Landlord shall have the right, in Landlord's sole good faith discretion: ("Preliminary Report"i) or to make changes, including, without limitation, changes in the location, size, shape, number and appearance to the Project (excluding the Premises to the extent that size, shape, and/or location is affected) interior and exterior, including but not limited to the lobbies, windows, stairways, air shafts, elevators, restrooms, driveways, entrances, parking spaces (provided that Tenant's allotted parking spaces shall not be reduced and shall otherwise be located in similar proximity to the Premises), parking areas, loading and unloading areas, ingress, egress, direction of traffic, decorative walls, landscaped areas and walkways; (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) close temporarily any law, regulation, rule, order or ordinance part of any governmental entity applicable the Project for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land and improvements outside the boundaries of the Project to be a part of the Project, provided that such other land and improvements have a reasonable and functional relationship to the Project; (iv) to add additional buildings and improvements to the Project; (v) to use the common areas while engaged in making additional improvements, repairs or alterations to the use Project or occupancy any portion thereof; and (vi) to do and perform such other acts and make such other changes in, to or with respect to the Project as Landlord may, in effect on the execution exercise of this Lease or thereafter promulgated. In sound business judgment deem to be appropriate, provided (x) none of the event that, after the Effective Date above adversely interferes in any new Title Matters appear of record, such matters shall be subject specific and significant manner given Tenant's actual requirement with respect to the review and approval utilization of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant affected portion of the Premises for its intended purpose. the purpose of conducting Tenant's business therein, taking into account Landlord's contractual obligations with respect to the Project, (y) Tenant's obligations hereunder are not increased, (z) Tenant's rights hereunder are not decreased, and (aa) Landlord's activities shall not affect "mission critical" areas of the Premises, as such areas are identified by Tenant shall deliver written to Landlord promptly following receipt by Tenant of notice to from Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedintended activities.

Appears in 2 contracts

Samples: Standard Modified Gross Office Lease (WWW Holdings Inc), Standard Modified Gross Office Lease (Earthlink Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, (a) Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord those premises (hereinafter referred to as the “Premises”), upon described in Section 1(d) hereof and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated designated on Exhibit “A” attached hereto in the County building commonly known as the 000 Xxxx Xxxxxxxxx, Xxxxxxx, Xxxxxxxx, consisting of Riverside, and State approximately 271,500 rentable square feet of California delineated on Exhibit "A" attached hereto and incorporated herein floor area ("Land"hereinafter referred to as the “Building”), together with those certain Landlord's Improvements as defined the non-exclusive right and easement to use the common facilities which may from time to time be furnished by Landlord in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land common with Landlord and the Improvements tenants and occupants (their agents, employees, customers and invitees) of the Building. The Building and common areas are hereinafter referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect “Development,” more particularly described on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and “B” hereto. (b) any lawThe rentable area of the Premises, regulationas well as the Building shall be computed based upon the 2010 BOMA Standard Method of Measuring Floor Area in Office Buildings, ruleANSI/BOMA Z65.1-2010, order or ordinance and the rentable area of any governmental entity applicable the Premises, as well as the Building, shall contain a proportionate share of the common areas of the Building, utilizing a common area load factor not to exceed twelve percent. (c) The rentable square foot area of the Premises shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or calculation by Landlord’s architect, an independent architect jointly selected by Landlord and Tenant shall promptly measure such portion of the use or occupancy thereof, in effect Premises and its determination shall be binding on the execution of this Lease or thereafter promulgatedparties. In the event thatsuch certification or determination shall contain a rentable square foot area different than that previously utilized, after Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the Effective Date any new Title Matters appear of record, rentable square foot area set forth in such matters certification and Section 1(k) shall be subject revised accordingly. (d) Tenant shall be allowed access to the review Premises and approval reasonable portions of the common areas twenty-four hours a day, three hundred sixty-five days a year using card readers, or keys, provided that Tenant which approval shall not materially interfere with Landlord’s construction activities. Access to the Premises shall be withheld so long in the same general location and have the same general utility as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedaccess afforded on each applicable Commencement Date.

Appears in 2 contracts

Samples: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term, at the rent, and upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated Premises known as Freeway Lease Area No. XX-XXX-XXX-XXXX, located XXXX in the County City of RiversideXXXX, and State of California delineated California, said land or interest therein being shown on the map or plat marked Exhibit "A," attached hereto and incorporated herein by this reference made a part hereof. EXCEPTING THEREFROM all those portions of the above-described Premises occupied by the supports and foundations of the existing structure. California Civil Code Section 1938 requires commercial landlords to disclose to tenants whether the property being leased has undergone inspection by a Certified Access Specialist ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work LetterCASp") to be constructed determine whether the property meets all applicable construction-related accessibility requirements. Tenant is hereby advised that the Premises have NOT been inspected by Landlorda CASp and have not been issued a disability access inspection certificate. As provided in California Civil Code Section 1938(e): A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and all other improvementsmanner of the CASp inspection, machinerythe payment of the fee for the CASp inspection, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred cost of making any repairs necessary to collectively as correct violations of construction-related accessibility standards within the "Premises"premises. Tenant acknowledges that this This Lease is subordinate and subject to (a1) approval by the Federal Highway Administration (FHWA) for lease use, if Premises are located on an Interstate, and rent at less than fair market value, (2) all liens, encumbrances, deeds of trust, reservationseasements, covenants, conditions, restrictions restrictions, reservations, rights of way, liens, encumbrances and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1record, ("Permitted Encumbrances"3) and (b) any law, regulation, rule, order or ordinance all matters discoverable by physical inspection of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall that would be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy discovered by Tenant an accurate survey of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten and (104) days after delivery by Landlord all matters known to Tenant or of such new Title Matter. If which Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder has notice, constructive or otherwise, including, without limitations, those shown on the new Title Matter shall be deemed approved.attached map Exhibit "A.”

Appears in 2 contracts

Samples: Right of Way Use Agreement, Right of Way Use Agreement

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all Landlord has heretofore obtained a long-term ground lease covering that certain parcel tract of land real property situated in the County University of RiversideUtah Research Park in Salt Lake City, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")Utah, together with those certain Landlord's Improvements as defined more particularly described in the Work Letter attached hereto as Exhibit "B" attached hereto, together with certain easement for access rights. (Said tract is hereinafter referred to as the "Work LetterProperty"). Landlord owns a building on the Property referred to in Section 1.01 (H) to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building (hereinafter the "Building") suitable for use as office research and all other improvementsdevelopment space, machinery, equipment, fixtures together with related parking facilities and other property (except Tenant's trade fixtures), improvements necessary to enable to the Building to be installed or located thereon so used (the Building and all additions, alterations related facilities and replacements thereof (improvements are hereinafter collectively referred to as the "Improvements"). Herein In consideration for the Land rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Improvements are Term and upon the terms and conditions herein set forth premises described in Section 1.01(I) (hereinafter referred to collectively as the "Premises" or "Leased Premises"), located in the Building. Tenant acknowledges that this Lease is subordinate Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. In addition, the factor set forth in Section 1.01 (1) has been added to the area as measured above to adjust for Tenant's proportionate share of common hallways, restrooms, elevators, stairways, etc. in the building. The exterior walls and subject roof of the Premises and the areas beneath said Premises are not demised hereunder, and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Premises in locations which will not materially interfere with Tenant's use thereof and serving other parts of the building or buildings are hereby reserved to Landlord. Landlord reserves (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting such access rights through the Premises ("Title Matters") (i) in effect on as may be reasonably necessary to enable access by Landlord subject to reasonable notice to Tenant to the Effective Date balance of this Lease the building and reserved areas and elements as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") set forth above; and (b) any lawthe right to install or maintain meters on the Premises to monitor use of utilities. In exercising such rights, regulationLandlord will use reasonable efforts so as to not commit waste upon the Premises and as far as practicable to minimize annoyance, ruleinterference or damage to Tenant when making modifications, order additions or ordinance of any governmental entity applicable repairs. Subject to the Premises or provisions of Article VIII, Tenant and its customers, agents and invitees have the use or occupancy thereofright to the non-exclusive use, in effect on common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the execution of this Lease or thereafter promulgated. In the event thatBuilding, after the Effective Date any new Title Matters appear of recordexcept that with respect to non-exclusive automobile parking spaces, such matters Tenant shall be subject cause its employees to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy park their cars only in areas specifically designated from time to time by Tenant of the Premises Landlord for its intended that purpose. Landlord shall have the right to designate, in its sole business judgment, certain spaces as "customer" parking spaces and Tenant shall deliver written notice use its best efforts to Landlord of cause its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord employees not to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedpark in said customer parking.

Appears in 2 contracts

Samples: Lease Agreement (Medibuy Com Inc), Lease Agreement (Medibuy Com Inc)

Premises. Landlord, for and in (a) In consideration of the rentsobligation of Tenant to pay Rent as herein provided, covenants and agreements hereinafter set forth, Landlord hereby leases lets to Tenant and Tenant hereby leases takes and hires from LandlordLandlord the Premises comprised of the areas as outlined as “Leased Premises by Tenant” on Exhibits A-2 through A-13 attached hereto and made a part hereof, upon to have and to hold for the Term, subject to the terms, covenants and conditions hereinafter set forthof this Lease, together with, appurtenant to the Premises, the right to use in common with Landlord and other tenants, occupants and visitors to the Building, the common lobbies, hallways, loading areas, and other common areas, all as designated as “Property Common Area” on Exhibits A-2 through A-13 hereto, subject to Landlord’s reasonable rules and regulations. (b) Tenant shall also have the right to use and exclusively occupy that certain parcel portion of land situated in the County of RiversideBuilding 4 as outlined as “Temporary Premises” on Exhibits A-12.1 and A-12.2 hereto, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are hereinafter referred to collectively as the "Temporary Premises". Until such time that Tenant acknowledges that this Lease is subordinate and subject to (a) all liensvacates Building 4 in its entirety, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting Building 4 shall be incorporated for the Premises ("Title Matters") (i) in effect on the Effective Date purpose of this Lease as specified part of the Premises. (c) Tenant shall have the right to use, in Exhibit "C" attached hereto common with Landlord and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1other tenants of the Buildings, ("Permitted Encumbrances") and (b) any lawthe areas outlined as “Tenant Use Area” on Exhibits A-2 through A-13 hereto. Tenant’s use of such areas, regulation, rule, order or ordinance which shall not be considered part of any governmental entity applicable to the Premises or the use or occupancy thereofhereunder, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to reasonable rules and regulations determined by Landlord’ from time to time governing coordination of use by Landlord and tenants of the review Buildings. It is understood that Landlord may terminate Tenant’s use of such areas by reasonable advance notice to Tenant in the event Landlord, leases such areas to another tenant. (d) Tenant shall have the right to use during the Term hereof the areas outlined as “Unrestricted Tenant Access Area” on Exhibits A-2 through A-13 hereto, together with the gas delivery area adjacent to the “CUP” identified on Exhibit A-3 hereto, for purposes of maintaining, repairing, and approval of replacing utilities, equipment, and other facilities serving the Premises and Tenant’s operations therein, tenant shall have the right at all times to access the Unrestricted Tenant which approval Access Area, and the same shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant considered part of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedhereunder.

Appears in 2 contracts

Samples: Lease Agreement (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Lessor hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to unto Lessee the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")Premises, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlordbenefit of, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (aas the case may be) all liensrights, encumbrances, deeds of trust, reservationseasements, covenants, conditions, encumbrances, encroachments and restrictions and other matters affecting of record as of the Premises ("Title Matters") (i) in effect on date of this Lease. Lessor shall have the Effective Date right, without the necessity of obtaining Lessee’s consent thereto or joinder therein, to grant, permit, or enter into during the term of this Lease as specified in Exhibit "C" attached hereto such additional rights, easements, covenants, conditions, encumbrances, encroachments and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable restrictions with respect to the Premises Land as Lessor may deem appropriate, provided that no such rights, easements, covenants, conditions, encumbrances, encroachments or the restrictions shall materially affect Lessee’s use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for the Permitted Use. Lessor further hereby reserves the right to install, maintain, use, repair and replace pipes, ducts, wires, meters and any other equipment, machinery, apparatus and fixtures located within the Premises and serving other parts of the Building, provided that reasonable advance notice thereof is given to Lessee and that the exercise of such rights shall not materially affect Lessee’s use of the Premises for the Permitted Use. Lessee, its intended purposeemployees and invitees shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, subject to Lessor’s reasonable security procedures. Tenant Lessee shall deliver be permitted to operate its business in the Premises outside of the Building hours (as set forth in Paragraph l of Exhibit D attached hereto), but Lessee shall pay to Lessor, as Additional Rent, the cost of supplying HVAC and other services to the Premises, as described on Exhibit D at times other than such Building hours in the event that Lessee requests HVAC or other such services outside of Building hours, such payment to be due and payable no later than thirty (30) days after Lessor gives written notice to Landlord Lessee of its approval or disapproval the amount of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedcharges.

Appears in 2 contracts

Samples: Lease (Aura Biosciences, Inc.), Lease (Aura Biosciences, Inc.)

Premises. Landlord(a) Effective as of December 1, for and in consideration of 2009 (the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"“Expansion Effective Date”), together with those certain Landlord's Improvements the Premises, as defined in the Work Letter attached hereto as Exhibit "B" Lease, is increased from approximately Nine Thousand One Hundred Seventy-Two rentable square feet on the Tenth ("Work Letter"10th) Floor of the Building to be constructed approximately Twelve Thousand Five Hundred Forty-Eight (12,548) rentable square feet on the Tenth (10th) Floor of the Building by Landlordthe addition of the Expansion Premises. From and after the Expansion Effective Date, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvementsreferences to the Premises in the Lease shall mean, machinerycollectively, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land Existing Premises and the Improvements are referred Expansion Premises. The Term for the Expansion Premises shall commence on the Expansion Effective Date and end on the Extended Termination Date, unless sooner terminated pursuant to collectively as the "Premises"terms of the Lease. Tenant acknowledges that this Lease The Expansion Premises is subordinate and subject to (a) all liensthe terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and abatements or other matters affecting financial concessions granted with respect to the Existing Premises ("Title Matters") (i) in effect on unless such concessions are expressly provided for herein with respect to the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and Expansion Premises. (b) any law, regulation, rule, order or ordinance of any governmental entity applicable Notwithstanding anything to the contrary set forth in Paragraph 3(a) above, if Landlord fails to deliver Tenant possession of the Expansion Premises on or before the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Expansion Effective Date for any new Title Matters appear of recordreason, such matters shall be subject to the review and approval of Tenant which approval including without limitation, holdover by prior occupants, Landlord shall not be withheld so long liable for any claims, damages or liabilities as a result thereof, but the new Title Matter does not materially and adversely impair Expansion Effective Date shall be delayed to be the use or occupancy by Tenant date upon which Landlord delivers possession of the Expansion Premises for its intended purposeto Tenant. Tenant Should the Expansion Effective Date be a date other than the date set forth in Paragraph 3(a), either Landlord or Tenant, at the request of the other, shall deliver written notice execute a declaration specifying the Expansion Effective Date; provided, however, that failure to Landlord of its approval execute, or disapproval of request execution of, such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matterdeclaration shall not in any way alter the Expansion Effective Date. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of Expansion Effective Date is delayed the written reminder notice, the new Title Matter Extended Termination Date shall not be deemed approvedsimilarly extended.

Appears in 2 contracts

Samples: Lease Agreement (Adamas Pharmaceuticals Inc), Lease Agreement (Adamas Pharmaceuticals Inc)

Premises. Landlord, for and in consideration (a) As of the rentsCommencement Date, covenants Tenant is a corporation spun off from BD and agreements hereinafter Tenant occupies certain space within the building (the “Building”) located on the real property having an address at [* * *] Holdrege, NE (the “Property”), which Property is depicted on the site plan set forthforth on Exhibit B. The space occupied by Tenant within the Building on the Commencement Date is shown on Exhibit A. Landlord and Tenant desire that certain alterations and improvements to space within the Building be made to achieve the separation of the operations of Tenant from the operations of Landlord (“Separation Work”) and at the end of such Separation Work, hereby leases the premises within the Building demised to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated under this Lease shall be as depicted on Exhibit "A" attached hereto and incorporated herein ("Land")B. On the Commencement Date, the premises demised to Tenant under this Lease shall be the space within the Building that is now currently occupied by Tenant, together with those certain Landlord's Improvements as the non-exclusive right to use the driveways, parking areas and Common Areas (defined below) on the Property. In the performance of the Separation Work within the Building, Landlord shall take into consideration Tenant’s use of and operations in the Work Letter attached hereto Premises and use all commercially reasonable efforts to minimize disruption to Tenant’s operations. Tenant agrees to cooperate in good faith with Landlord in achieving the Separation Work. Landlord and Tenant shall designate in writing the name of their respective representatives for the purposes of communications regarding the Separation Work. For purposes hereof, the term “Premises” shall mean, as applicable, the initial space occupied by Tenant in the Building and the final space depicted on Exhibit "B" ("Work Letter") B to be constructed occupied by LandlordTenant after completion of the Separation Work. (b) Landlord and Tenant shall cooperate in good faith with each other to complete the Separation Work, including an approximately three hundred thirty thousand Landlord and Tenant engaging in regular cadence of meetings and Landlord ensuring Tenant is promptly apprised of any significant developments as soon as reasonably possible (330,000) square foot building ("Building") and all other improvementscollectively, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"the “Separation Work Communications”). Herein In furtherance of the Land and foregoing mutually cooperation, Landlord may make changes to the Improvements are referred to collectively as the "Premises". Tenant acknowledges Separation Work that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does do not materially and adversely impair the Tenant’s use or occupancy by Tenant of the Premises for its intended purposethe Permitted Purpose, (ii) do not materially alter the plans set forth on Exhibit B, including, but not limited to, customary “field” changes, (iii) are required by any governmental authority, and (iv) are required to address an unforeseen circumstance arising during construction (collectively, “Landlord Permitted Changes”). If Landlord desires to make any change to the Separation Work which does not constitute a Landlord Permitted Change, Landlord shall obtain Tenant’s written consent to such change; provided that Tenant’s consent to such change shall not be unreasonably withheld, conditioned or delayed. Tenant shall deliver written notice be deemed to Landlord of have granted its approval or disapproval of consent to any such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If change if Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond deliver, within five (5) days Business Days following receipt of Landlord’s notice of the delivery proposed change, a written notice to Landlord objecting in reasonable detail the specific elements of the proposed change that Tenant asserts (y) do not constitute a Landlord Permitted Change and (z) are objectionable and the reasons why, provided, however, if Tenant requests in writing within the initial five (5) Business Day period, Tenant may have an additional five (5) Business Days to provide Landlord such written reminder noticeresponse. As used in this Lease, the new Title Matter term “Business Day” shall be deemed approvedmean any day other than a Saturday, Sunday, or federal holiday.

Appears in 1 contract

Samples: Lease Agreement (Embecta Corp.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that Landlord those certain parcel of land premises situated in the City of Fremont, County of RiversideAlameda, and State of California delineated California, being all of the rentable square footage contained in that certain building commonly known and designated as 6000 Xxxxx Xxxxx Xxxxxxx (the “Premises”), the general location of which is shown on Exhibit "A" ” attached hereto. For purposes of this Lease the square footage of the building in which the Premises is located (“Building”) is deemed to be one hundred thousand one hundred three (100,103) rentable square feet. Tenant shall also have the nonexclusive right to use not more than three hundred twenty-five (325) parking spaces located in the parking area designated on Exhibit “A” attached hereto and incorporated all other areas designated by Landlord as common area from time to time (“Common Area”) including but not limited to parking areas and structures, and landscaping, sidewalks, service areas and other common facilities. The Building and Common Area are situated within a project site shared with two (2) additional buildings owned by Landlord as outlined in Exhibit “A” attached hereto (“Project”). Unless expressly provided otherwise, the term Premises as used herein shall include the Tenant Improvements ("Land"), together with those certain Landlord's Improvements as defined in Section 6.B below). Landlord shall have the Work Letter attached hereto as Exhibit "B" ("Work Letter") right, in its sole and absolute discretion, from time to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures)time, to be installed or located thereon do the following, provided that reasonable access to the Premises remains available and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to such actions do not materially interfere with Tenant’s business operation: (a) all liensmake changes to the Common Area and/or the Project, encumbrancesincluding, deeds without limitation, driveways, entrances, circulation drives, parking spaces, parking areas, direction of trustdriveways, reservationslandscaped areas and walkways, covenantsprovided such changes do not materially interfere with Tenant’s business operation and shall not diminish the number of parking spaces to which Tenant is entitled; (b) close temporarily any of the Common Area for maintenance and repair purposes or to prevent a public dedication thereof; (c) add additional buildings to the Project and improvements to the Common Area or remove or alter existing buildings (other than the Building) or improvements in the Project; (d) use the Common Area while engaged in making additional improvements, conditionsrepairs or alterations to the Project; and (e) do and perform any other acts, restrictions and alter or expand or make any other matters affecting changes in, to or with respect to the Premises Common Area and/or the Project as Landlord may, in its reasonable discretion, deem to be appropriate. Landlord reserves the absolute right to effectuate such other tenancies in the other Project buildings ("Title Matters"if any) (i) as Landlord in effect the exercise of its sole business judgment shall determine to best promote the interests of Landlord. Tenant has not relied on the Effective Date fact, nor has Landlord represented, that any specific tenant or type or number of tenants shall occupy any space in the other Project buildings (if any), or that any specific tenant or type of tenant shall be excluded from occupying any space in the other Project buildings (if any). Landlord and Tenant have agreed to use the square footage numbers set forth in this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance the basis of any governmental entity applicable to calculating the Premises or the use or occupancy thereof, in effect on the execution of rent due under this Lease or thereafter promulgatedand Tenant’s Allocable Share (defined in Section 9.E below). In the event that, after the Effective Date any new Title Matters appear of record, such matters The rent due under this Lease and Tenant’s Allocable Share shall not be subject to revision if the review and approval actual square footages are more or less than as stated in this Lease, except as expressly provided elsewhere in this Lease (for example, in the event of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant a partial taking of the Premises for its intended purposeProject as described in Section 17 below). Tenant shall deliver written notice to Landlord No representation or warranty of its approval any kind, express or disapproval of such Title Matters within ten (10) days after delivery by Landlord implied, is given to Tenant with respect to the square footage or acreage of such new Title Matterthe Premises, Building or any other portion of the Project. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice shall have no liability to Tenant and Tenant fails to respond within five (5) days of if the delivery of square footages or acreage described in this Lease differ from the written reminder notice, the new Title Matter shall be deemed approvedactual square footages or acreage.

Appears in 1 contract

Samples: Lease Agreement (Cutera Inc)

Premises. Landlord“As-Is”; Initial Alterations. Except as otherwise provided herein, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting shall accept the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease their “as specified is” state and condition and, except as provided in Exhibit "C" attached hereto Paragraphs 4.b. and incorporated herein ("Preliminary Report") 4.d. below, Landlord shall have no obligation to make or (ii) approved pay for any improvements or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order renovations in or ordinance of any governmental entity applicable to the Premises or to otherwise prepare the use or occupancy thereofPremises for Tenant’s occupancy. The parties acknowledge that Tenant intends to make certain alterations and improvements (the “Initial Alterations”) to the Premises prior to commencing business therein. The construction of the Initial Alterations shall be governed by Paragraph 9 below. Without limiting the generality of the foregoing, the Alteration Operations Fee provided for in effect on Paragraph 9.a. below shall apply to the execution construction of this Lease or thereafter promulgatedthe Initial Alterations, except that, with respect to the Initial Alterations only, the Alteration Operations Fee shall not exceed one percent (1%) of the cost of the Initial Alterations. In connection with the event thatInitial Alterations, after the Effective Date Landlord agrees that Tenant may utilize Xxxx Architecture as its space planner, However, any new Title Matters appear of recordother architects, such matters space planners or engineers engaged by Tenant shall be subject to Landlord’s prior written approval (not to be unreasonably withheld). In addition, if Tenant desires to utilize an engineer other than Landlord’s designated Building engineers (the “Building Engineers”) for the preparation of mechanical, electrical and plumbing engineering drawings and Landlord approves Tenant’s requested engineer, Tenant acknowledges and agrees that it will pay the cost of review by the Building Engineers of all such mechanical, electrical and approval of Tenant plumbing drawings, which approval shall not be withheld so long as at market rates commensurate for what is charged by similar engineers for similarly-situated Class A office buildings similar to the new Title Matter does not materially Building, and adversely impair in addition to the use or occupancy Alteration Operations Fee. The general contractor selected by Tenant of to construct the Initial Alterations and approved by Landlord pursuant to Paragraph 9.a. below is referred to hereinafter as “Tenant’s Contractor.” In no event shall Tenant or Tenant’s Contractor be given access to the Premises for its intended purposepurposes of constructing the Initial Alterations until the plans therefor have been approved by Landlord pursuant to Paragraph 9.a. below and Tenant shall deliver written notice has delivered to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery the insurance certificates required by Landlord in connection with the work and required under Paragraph 15 below. If Landlord is prepared to deliver the Premises to Tenant, but Tenant is not given access to the Premises for the purposes of constructing the Initial Alterations because the conditions of the immediately preceding sentence have not been satisfied, then Landlord shall be deemed to have delivered the Premises to Tenant of such new Title Matter. If Tenant fails on the date that Landlord was prepared to respond within such ten (10) day period and Landlord delivers a written reminder notice so deliver the Premises to Tenant and the Delivery Date will be deemed to have occurred on such date, notwithstanding the fact that Tenant fails to respond within five (5) days and Tenant’s Contractor are not permitted access for purposes of construction until the delivery of aforementioned conditions are satisfied. Notwithstanding the written reminder noticeforegoing, the new Title Matter Tenant’s Contractor shall be deemed approvedallowed access to the Premises for purposes other than constructing the Initial Alterations provided the requisite insurance certificates have been delivered to Landlord.

Appears in 1 contract

Samples: Office Lease (Salt Blockchain Inc.)

Premises. (a) The District leases the Premises from Landlord and Landlord demises the Premises to the District for the term and upon the conditions and covenants set forth in this Lease. The Parties hereby acknowledge that as of the Lease Commencement Date this Lease is a sublease, as Landlord leases the Land (along with additional property) from Xxxxx Properties Limited Partnership, a District of Columbia limited partnership (“Ground Lessor”) under that certain Deed of Lease, by and between Ground Lessor and Landlord, for dated as of August 21, 2018 (as amended, the “Ground Lease”). As such, references hereunder to “lease”, “landlord” and in consideration “tenant” shall be deemed to mean “sublease”, “sublessor” and “subtenant”, respectively, as applicable, unless context dictates otherwise. Landlord shall cause a final measurement of the rentsPremises and of the Building to be taken upon Landlord’s Substantial Completion of the Base Building Work and the Tenant Improvements, covenants as set forth in the Work Exhibit. Such final measurements shall be: (i) set forth on the Declaration of Delivery, (ii) determined based on the actual measurement of the Project Architect, (iii) in accordance with the BOMA Measurement Standard, and agreements hereinafter (iv) subject to approval by the District. (b) In connection with the Ground Lease, Landlord hereby represents and warrants (and covenants, where applicable) to the District that: (i) as of the Lease Commencement Date and at all times during the Lease Term, Landlord’s execution of, and performance under, this Lease is permitted under the Ground Lease; (ii) any consents that are required to be obtained from any third party to permit Landlord to enter into this Lease have been obtained; (iii) the term of the Ground Lease does not expire until after the expiration of the Lease Term; (iv) during the Lease Term, Landlord shall not (x) terminate the Ground Lease, or (y) cancel or otherwise amend the Ground Lease to shorten its term; and (v) the terms and conditions of the Ground Lease are not incorporated herein. In addition to (and not in lieu of) any other indemnification or remedy set forthforth in this Lease, Landlord shall and does hereby leases indemnify, defend, and hold the District harmless from and against any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from any claim alleging or arising out of a breach of any representation, warranty or covenant set forth in this Section 1.1(b). This Section 1.1(b) shall survive the expiration or early termination of this Lease. 1.2 Landlord hereby grants to Tenant the District and Tenant hereby leases from Landlordits Agents, upon employees, licensees and invitees the exclusive right to use the Common Areas in the Building (excluding sidewalks, driveways, freight elevators, the passenger elevator(s) serving the Parking Facility and ground floor, the Parking Facility, common entrances, non-private lobbies, the loading dock and internal non-public freight access to the loading dock, all of which the District shall have a non-exclusive right to use), in accordance with the terms of this Lease. The District and its Agents, employees, licensees and invitees shall have access and rights of ingress and egress to the Building, the Premises, the Common Areas, the XX 167835565v6 PARKING FACILITY and the All Access Additional Area Parking Spaces (as defined in, and subject to the termsterms of Section 2 hereof) 24-hours each day of the Lease Term (including elevator service). 1.3 Landlord shall deliver the Premises to the District at such time as all of the Landlord’s Base Building Work and the Tenant Improvements are Substantially Complete, covenants and conditions as hereinafter set forthprovided. Landlord hereby represents, all that certain parcel of land situated in the County of Riversidewarrants, and State covenants that, as of California delineated on Exhibit "A" attached hereto the Rent Commencement Date, the Property and incorporated herein the Building will comply with Laws subject to any “grandfathering” provisions, and that the Premises, including without limitation all HVAC, plumbing, electrical and other mechanical systems, shall be in good working order and condition. Following the Rent Commencement Date, Landlord shall be responsible for complying with all Laws pertaining to the Building, Common Areas, Base Building Conditions, and Building Structures and Systems, including any required changes to the Building ("Land"but not the Premises), together with those certain at Landlord's Improvements ’s sole cost and expense (meaning that such costs and expenses are already included in Annual Rental and shall not be billed as defined in Additional Rent). Following the Work Letter attached hereto as Exhibit "B" Rent Commencement Date, Landlord shall cause all such future changes, additions and/or work to the Building, Common Areas, Base Building Conditions or Building Structures and Systems: ("Work Letter"i) to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures)the extent commercially reasonable, to be installed performed after Building Hours, unless such change, addition and/or work (w) does not interfere in any material, adverse manner with the District’s use and enjoyment of the Premises, as determined by the District in the District’s sole but reasonable discretion, (x) resulted from THE ACTS OR OMISSIONS OF THE DISTRICT OR ANY OF THE DISTRICT’S AGENTS, (Y) IS REQUIRED BECAUSE OF AN EMERGENCY OR (Z) INVOLVES THE BUILD-OUT OF ANY PORTION OF THE BUILDING LEASED BY OTHER NON-OFFICE TENANTS; AND (II) if such change, addition and/or work is in the Premises, to be behind walls or located thereon above ceilings. Landlord shall: (A) restore the Premises to substantially the same condition and all finish as existed immediately prior to any such change, addition and/or work if such change, addition and/or work resulted in any material change to the condition of the Premises not required by Laws; (B) use commercially reasonable efforts to minimize disruption to the District’s operations during any such change, addition and/or work; and (C) ensure that the District has reasonable access to, and ingress and egress from, the Building, the Premises, the Parking Facility and the Additional Parking Areas during any such change, addition and/or work. Notwithstanding the foregoing, Landlord shall not be responsible for any non-compliance of the Premises with Laws that is solely attributable to the District’s use or occupancy of the Premises (including Alterations in and to the Premises by the District) throughout the Lease Term. If the District elects to use the Premises in a way that necessitates changes or additions to the Premises in order to comply with Laws solely due to the District’s specific use or occupancy of the Premises, the District shall either cease such use or be responsible for those changes or additions, alterations subject to the certification of the availability of appropriated funds for such purpose. 1.4 Subject to the terms and replacements thereof conditions of this Lease (collectively "including but not limited to Landlord’s Substantial Completion of the Base Building Work and the Tenant Improvements"), Landlord XX 000000000x0 SHALL DELIVER THE PREMISES TO THE DISTRICT AND THE DISTRICT SHALL ACCEPT THE PREMISES, BUILDING AND LAND IN ITS “AS-IS” CONDITION, AND IN ACCORDANCE WITH THE TERMS OF THIS LEASE (including without limitation that Landlord shall deliver the Premises to the District pursuant to the terms of the Work Exhibit). Herein The Parties acknowledge that the Land Premises will initially be occupied by the District of Columbia Department of General Services. 1.5 In addition to the Premises, the District hereby exclusively leases from Landlord 300 rentable square feet of space in the Parking Facility for an MDF (such space, the “MDF Room”), the location of which shall reasonably be agreed upon by Landlord and the Improvements are referred District. The District shall pay an annual rent of Fifteen Dollars ($15.00) per rentable square foot for the MDF Room for the first Lease Year, payable on a monthly basis as Additional Rent, which shall be paid in arrears together with Annual Rental. Commencing on the first day of the second Lease Year and on the first day of each subsequent Lease Year thereafter during the Term, the then current rental rate for the MDF Room shall escalate by an amount equal to collectively as 2.75% of the "Premises"rental rate for the immediately preceding Lease Year. As part of the Tenant acknowledges Improvements, and subject and pursuant to the terms of the Work Exhibit, Landlord shall (i) purchase and install equipment in the MDF Room pursuant to specifications provided by the District (the “MDF Equipment”); (ii) purchase and install a supplemental HVAC unit for the MDF Room pursuant to specifications provided by the District (the “MDF Supplemental HVAC Unit”); and (iii) have the MDF Room separately metered for electricity (the “MDF Sub-Meter”) for the MDF EQUIPMENT AND THE MDF SUPPLEMENTAL HVAC UNIT (THE FOREGOING ITEMS (I) THROUGH (III) BEING, COLLECTIVELY, THE “MDF WORK”). The Parties acknowledge and agree that the MDF Work shall be paid from the Tenant Improvement Allowance pursuant to the terms of this Lease is subordinate and the Work Exhibit. Landlord shall procure a separate electrical utility account for the MDF Sub-Meter, and shall not be responsible for payments for such separate account. Landlord shall be responsible for the maintenance and repair of the MDF Room, at its own cost, provided that if any defect or damage to the MDF Room arises from District Negligence the District shall be responsible for the same, pursuant to and in accordance with the terms of Section 9.1 hereof. Subject to Section 15.1, the District shall be responsible for the maintenance and repair of the MDF Equipment. Landlord shall be responsible for the maintenance and repair of the MDF Supplemental HVAC Unit pursuant and subject to (a) all liensthe terms of Section 9.6 hereof. For the avoidance of doubt, encumbrances, deeds the MDF Room shall not constitute a portion of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on and the Effective Date rentable square footage of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval MDF Room shall not be withheld so long as included for purposes of determining Annual Rental or the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedDistrict’s Proportionate Share.

Appears in 1 contract

Samples: In Lease Agreement (Cedar Realty Trust, Inc.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant and Tenant hereby leases from LandlordLandlord the Premises, upon and subject to the terms, covenants and conditions set forth in this Lease, for the Lease Term commencing on the Lease Commencement Date and expiring on the Expiration Date, unless extended or terminated earlier as otherwise provided in this Lease, as all such terms are hereinafter set forth, all that certain parcel defined. Tenant shall be entitled to possession of land situated in the County Premises as of Riversidethe Lease Commencement Date, and State shall yield possession to the Landlord on the Expiration Date, except as otherwise expressly provided herein. For purposes of California delineated this Lease, the premises shall consist of a total of approximately 15,197 rentable square feet located on the first (1st) floor (the “Premises”) as more particularly outlined on Exhibit "A" attached hereto and incorporated herein made part of hereof in the building commonly known as Xxxxxx Lake Corporate Center ("the “Building”) erected on certain land (the “Land")”) located at 000 Xxxxxxxx Xxxxxx, Needham, Massachusetts, together with those certain Landlord's Improvements as defined rights of ingress and egress thereto, and with the right in common with others to use, to the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlordextent applicable, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") the common passageways, stairways and all other improvementsvestibules, machinerylobbies, equipmenthallways, fixtures entrances, stairs, and any passageways thereto, toilets, refuse facilities and other property (except Tenant's trade fixtures)areas or facilities within the Building for the general use, convenience and benefit of Tenant and other tenants and occupants of the Building and the common pipes, ducts, vents, laboratory infrastructure, conduits, wires, telephone and electrical closets, and appurtenant equipment serving the Premises or to be installed serve the Premises upon completion of the Initial Improvements or located thereon later Alterations; the common walkways, sidewalks, landscaping, driveways and all additionsloading docks associated with the Building, alterations and replacements thereof (collectively "Improvements"). Herein to pass over and park on that portion of the Land owned by Landlord and the Improvements are referred to collectively as the "Premises"designated by Landlord on Exhibit “A” for Tenant’s parking. Tenant acknowledges that and accepts the rentable square feet as set forth in this Lease is subordinate and subject Tenant shall not have the right to (a) all liens, encumbrances, deeds demand re-measurement or recalculation of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable rentable square feet with respect to the Premises or the use Building. Landlord hereby reserves the right to re-measure the Building from time to time upon which the rentable square feet as set forth herein and Tenant’s Proportionate Share (as defined in Exhibit D) shall be adjusted accordingly, but in no event shall Fixed Rent or occupancy thereof, in effect on Additional Rent increase from the execution amounts set forth herein as of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedDate.

Appears in 1 contract

Samples: Lease Agreement (Verastem, Inc.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all Landlord that certain parcel of land situated in the County of Riverside, and State of California delineated office space ("Premises") which is outlined on Exhibit "A" attached hereto and incorporated herein ("Land")by this reference, together with those being situated on the 2nd floor of that certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot office building ("Building') known as 00000 Xxxxxxx Xxxxxxxxx, Xxxxxxxx Xxxxx, XX 00000. The square footage in Exhibit ") A" also includes 44 square feet as the Tenant's share of the common stairways, hallways, restrooms and other useable square feet that are part of the Building and which are charged pro rata to all other improvements, machinery, equipment, fixtures and other property (except tenants of the Building. The inclusion of the Tenant's trade fixtures)pro rata share of the common areas as part of the rentable square footage is in lieu of any common area expense charged to the Tenant for the base year. By executing this Lease, to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this the square footage represented in Exhibit "A" is based on the Landlord's measurements and Tenant has had the opportunity to make its own measurements with respect to the square footage. Nothing contained in Paragraph 2 of the Lease shall be deemed to be a representation by Landlord as to the actual square footage of the Premises leased hereby. It is understood that Tenant has relied on his own measurements and investigations with regard thereto, and has not placed any reliance on Landlord or any of his agents, employees, or independent contractors with regard thereto. The Premises exclude the common stairways, stairwells, hallways, access ways and pipes, ducts, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building. By taking possession of the Premises, Tenant accepts the improvements as completed or as substantially completed, and in the latter case, Landlord shall provide Tenant with a list of incomplete and/or corrective items to be acknowledged by Tenant, which Landlord shall complete and correct promptly thereafter. Said Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservationsthe terms, covenants, conditionsconditions and agreements hereinafter set forth, restrictions to each and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date all of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedhereby mutually agree.

Appears in 1 contract

Samples: Office Building Lease (American Dream Entertainment Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from -------- Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated Tenant's Space in the County Building, excluding exterior faces of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except exterior walls. Tenant's trade fixtures)Space, to be installed or located thereon and all additionswith such exclusion, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are is hereinafter referred to collectively as the "Premises". Landlord and Tenant acknowledges acknowledge and agree that this Lease is subordinate the rentable square footage of the Premises has been determined, and subject the rentable square footage of any additional space added to the Premises shall be determined, by calculating the usable square feet of space in the Premises in accordance with the "Standard Method of Measuring Floor Area in Office Buildings," provided by the Secretariat, Buildings Owners and Managers Association International (ANSI Z65.1-1980), approved July 31, 1980. The rentable square footage of the Premises shall be determined by multiplying the usable square footage of the Premises, as determined above, by a load factor determined by Landlord. Tenant shall have, as an appurtenance to the Premises, the nonexclusive right to use in common with others entitled thereto: (a) all liensthe common facilities included in the Building or on the real property on which the Building is located (the "Lot"), encumbrancessaid Lot being described more particularly in Exhibit A hereto, deeds of trustto the extent from time to time designated by Landlord; (b) any entrance drives or other private access drives located on the Project Tract which are necessary for ingress and egress to and from the Building; and (c) the building service fixtures and equipment serving the Premises. Landlord reserves the right from time to time (a) to install, reservationsrepair, covenantsreplace, conditionsuse, restrictions maintain and other matters affecting relocate for service to the Premises ("Title Matters") (i) and to other parts of the Building, or either, building service fixtures and equipment wherever located in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") Building and (b) to alter or relocate any law, regulation, rule, order other common facility provided that substitutions are substantially equivalent or ordinance better. Landlord shall use commercially reasonable efforts to exercise its rights under this subparagraph without unreasonable interference with or interruption of any governmental entity applicable Tenant's business activities within the Premises. Landlord and Tenant reserve the right to remeasure the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant construction of the Premises and adjust the amount of rentable square feet of space contained therein for its intended purpose. Tenant shall deliver written notice to Landlord purposes of its approval or disapproval this Lease, including calculation of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedRent.

Appears in 1 contract

Samples: Lease Agreement (Salix Pharmaceuticals LTD)

Premises. LandlordSubject to the terms and conditions of this Second Amendment, for and in consideration effective as of the rentsRenewal Term Commencement Date, covenants and agreements hereinafter set forththe Premises shall be expanded to include the Additional First Floor Space, hereby leases to Tenant and Tenant hereby leases from Landlordconsisting of approximately 3,119 rentable square feet, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated as shown on Exhibit "A" attached hereto and incorporated made a part hereof. Commencing on the Renewal Commencement Date, the Premises shall consist of the original Premises and the Expansion Premises and the Additional First Floor Space with an aggregate area of approximately 50,855 rentable square feet. Notwithstanding the actual area of the Premises, Sublandlord and Subtenant agree that the rentable square footage of the Premises set forth herein ("Land")shall be a fair and reasonable approximation of the area of the Premises until such time as the Premises may be demised from the remainder of the Building; provided that Sublandlord agrees not to demise the Premises from the remainder of the Building until such remaining space will be occupied by Sublandlord, together Sublandlord’s assignee or a third party subtenant; and upon any such demise of the Premises from the remainder of the Building, Subtenant shall be permitted to measure the Premises in accordance with those certain Landlord's Improvements as defined Section 4 of the First Amendment. Notwithstanding, the lack of a demising wall, Subtenant shall not use or occupy, or permit any of its employees, subtenants or invitees to use or occupy, any portion of the Building not included in the Work Letter attached hereto Building common areas and located outside of the Premises as Exhibit "B" a part of Subtenant’s business or operations in the Premises at any time during the Term without Sublandlord’s prior written approval in each instance; and in the event that Sublandlord reasonably determines that Subtenant or any of its employees, subtenants or invitees is using or occupying any such portion of the Building in a manner that is inconsistent with such space being maintained separate from the Premises, Sublandlord may provide Subtenant with written notice of such determination and the reasons therefor; provided, however, that Sublandlord shall not be required to deliver more than one such notice during the Renewal Term. Upon the second event of such unauthorized use of the Remainder First Floor Space, or if Subtenant fails to terminate such unauthorized use within three ("Work Letter"3) days following its receipt of the Sublandlord’s written notice, Subtenant shall be immediately obligated to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) pay Monthly Rent for the entire Building at the applicable Monthly Rent per rentable square foot building ("Building") set forth in Section 6 of the First Amendment, without any right to continue such occupancy or use; and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges further provided that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the such use or occupancy thereofmay, in effect on the execution of this Lease or thereafter promulgated. In the event thatSublandlord’s discretion be treated as a Subtenant default, after the Effective Date any new Title Matters appear of record, such matters shall be subject to Subtenant’s applicable cure rights and to all of Sublandlord’s rights and remedies under the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedSublease.

Appears in 1 contract

Samples: Sublease (Provide Commerce Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord for the Lease Term, at the Rent and upon the terms and conditions hereinafter set forth, that certain space ("Premises") within that certain building ("Building") described in Paragraph 1.A. As used herein, the "Complex" shall mean and include all of the land described in Exhibit A and shown on Exhibit B attached hereto, and all of the buildings, improvements, fixtures and equipment now or hereafter situated on said land. Said letting and hiring is upon and subject to the terms, covenants and conditions hereinafter set forth, and Tenant covenants as a material part of the consideration for this Lease to perform and observe each and all that certain parcel of land situated said terms, covenants and conditions. This Lease is made upon the condition of such performance and observance. Landlord agrees to construct any improvements to the Premises ("Tenant Improvements") as may be described in the County of Riverside, and State of California delineated on Exhibit "A" C attached hereto and incorporated herein by reference, upon such terms and conditions as are set forth in such Exhibit C. The Tenant Improvements shall be deemed "substantially complete" when Landlord notifies Tenant in writing that the Tenant Improvements (if any) are substantially completed in accordance with Exhibit C, subject only to "Land")punch list" items that do not materially diminish the usefulness of the Premises, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges provided further that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on all necessary governmental approvals for occupancy of the Effective Date Building for Tenant's intended use have been obtained (including a final sign-off and, if applicable, a certificate of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or occupancy); (ii) approved all utilities are hooked up and available for use; (iii) all incomplete or deemed approved pursuant defective construction, which materially interferes with Tenant's use of the Building (as opposed to this Section 1.1minor fit and finish items), ("Permitted Encumbrances") has been remedied and repaired; and (biv) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant Landlord has delivered possession of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedTenant.

Appears in 1 contract

Samples: Lease Agreement (Logic Devices Inc)

Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, for all alterations, additions or improvements affixed to the Premises (excluding trade fixtures, personal property and in consideration furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the rentsTerm, covenants except that Landlord may, by notice to Tenant, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions and agreements hereinafter set forththe like installed either by Tenant or by Landlord at Tenant's request, hereby leases and any "Non-Standard Improvements" installed by Landlord pursuant to the Work Letter, and to repair any damage to the Premises arising from that removal. Any notice to Tenant and Tenant hereby leases from Landlord, upon and subject pursuant to the termsforegoing shall be given by Landlord concurrently with its consent (following Tenant's request for such consent) for all or any alterations, covenants decorations, fixtures or additions and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riversidelike, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together concurrently with those certain Landlord's consent (following Tenant's request for such consent) for any Non-Standard Improvements as defined in installed by Landlord pursuant to the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed . If such consent for such alterations, decorations, fixtures, additions or Non-Standard Improvements is either not requested by Tenant or given by Landlord, including an approximately three hundred thirty thousand then any such notice of removal may be given at any time prior to sixty (330,00060) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed days following the expiration or located thereon and all additions, alterations and replacements thereof (collectively "Improvements")earlier termination of the Term of this Lease. Herein the Land and the Improvements are referred to collectively Except as the "Premises". Tenant acknowledges that otherwise provided in this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) or in effect on the Effective Date of this Lease as specified in any Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1Lease, ("Permitted Encumbrances") and (b) should Landlord make any law, regulation, rule, order alteration or ordinance of any governmental entity applicable improvement to the Premises or the use or occupancy thereoffor Tenant, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters Landlord shall be subject entitled to the review and approval of prompt reimbursement from Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedall costs incurred.

Appears in 1 contract

Samples: Industrial Lease (Emachines Inc /De/)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, (a) Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon and subject to the termsprovisions of this Lease, covenants and conditions hereinafter set forth, all certain premises as more fully described in Section 3.1 below (“Premises”) located within that certain parcel building (“Building”) owned by Landlord and which is a portion of land situated the “Project” identified in Section 1.1(g). The Site Plan for the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter Project attached hereto as Exhibit "B" ("Work Letter") A is attached for location reference purposes only and shall not constitute a representation or warranty by Landlord to be constructed by Landlordthe final plan of the Project, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other or to require Landlord to build any improvements, machineryor to otherwise comply with the site plan or require Landlord to lease space to a particular tenant or type of tenant. (b) The rentable areas of the Premises and of the Building specified in Section 1.1 are approximate. Landlord and Tenant are satisfied with such approximations and with the measurement of the rentable areas of the Building and such measurements shall not be changed during the term of this Lease, equipment, fixtures and other property (except Tenant's trade fixtures), to as may be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises"extended. Tenant acknowledges that, except as otherwise expressly set forth in this Lease, neither Landlord nor any agent, property manager or broker of Landlord has made any representation or warranty with respect to the Building or the Common Areas or their suitability for the conduct of Tenant’s business, and that this Lease is subordinate except only for any improvements that Landlord has expressly agreed herein to construct and subject to (a) all liensinstall, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises is leased in its “As-Is” condition existing at the time of execution of this Lease; provided that nothing contained herein shall be deemed to diminish Landlord’s repair and maintenance obligations expressly set forth in this Lease. ("Title Matters"c) Landlord represents and warrants that: (i) the Building, when built, was built in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or compliance with all applicable laws, (ii) approved or deemed approved pursuant to this Section 1.1Landlord has not received written notice from any governmental agency that the Building is not in compliance with any applicable law for which such non-compliance has not been cured, ("Permitted Encumbrances") and (biii) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the Tenant’s use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery the permitted use allowed by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers this Lease will not constitute a written reminder notice to Tenant and Tenant fails to respond within five (5) days violation of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedCC&Rs (as defined below).

Appears in 1 contract

Samples: Lease Agreement (Planar Systems Inc)

Premises. Landlord(a) Landlord does hereby demise, for lease and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to let unto Tenant and Tenant does hereby leases take and lease from LandlordLandlord the Property, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein Infrastructure Improvements ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" LDA), and all easements, rights, privileges, licenses, covenants and other matters that benefit or burden the Property, including, without limitation, an easement on Olympia Drive. The Property, the easement on Olympia Drive, all other easements and appurtenances referred to above, the Infrastructure Improvements, the Initial Improvements ("Work Letter") to be constructed by Landlorddefined in Section 5.2), including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed improvements now or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein hereafter constructed on the Land and the Improvements Property are hereinafter referred to collectively as the "Premises". Tenant acknowledges .” Notwithstanding anything to the contrary contained in this Lease, the use of that this Lease is subordinate and subject to (a) all liensportion of the Premises designated Parcel 2 as defined above, encumbrancescontaining 7.21 acres more or less, deeds of trustshall not change from its previous use as open space, reservationspassive outdoor recreation or conservation land during the term hereof, covenantswhich shall include the stormwater management system, conditionsincluding any fencing, restrictions berm and other matters affecting the Premises features related thereto as permitted in Section 6.1 below. ("Title Matters"b) Except as set forth in this Lease, Landlord shall be responsible for: (i) the maintenance of Olympia Drive, its sidewalks and right of way (collectively “Olympia Drive”) in effect on the Effective Date of this Lease same manner in which Landlord maintains other public ways, and for so long as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or Olympia Drive is a public way; (ii) approved clearing brush, limbs and other obstructions from the Nature Paths as defined in Section 1A above; in no event shall Landlord be required to remove snow or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") ice from the Nature Paths; and (biii) any law, regulation, rule, order or ordinance the maintenance of any governmental entity applicable the trailhead parking area on Parcel 1 shown as the “Existing Gravel Parking Area” at the western edge of the Property and the western terminus of the path shown on the Site Layout sheet of the Approved Plans as leading from the trailhead parking area to the Premises or immediate crosswalk (the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated“Trailhead Parking Area”). In the event that, after the Effective Date any new Title Matters appear of record, such matters Tenant shall be responsible for the maintenance of Parcel 2 (except that Landlord shall be responsible for clearing brush, limbs and other obstructions from the Nature Paths thereon), it being acknowledged that Parcel 2 is largely a natural area to be used for open space, conservation, and/or passive recreation, subject to the review and approval provisions of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedSection 7.1 herein.

Appears in 1 contract

Samples: Ground Lease

Premises. Landlord, for Subject to and in consideration of accordance with the rentsprovisions hereof, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant and Tenant hereby leases from Landlord the Premises as designated on Exhibit A. The Rentable Area of the Premises and Building for all purposes shall be as set forth in Section 1(c) and 1(d), respectively. The Rentable Area of the Premises includes a pro-rata portion of all Common Areas. Tenant agrees that, except as expressly stated herein and in the Work Letter, if any, attached to this Lease, no representations or warranties relating to the condition of the Project or the Premises and except as otherwise expressly provided in this Lease, no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or any Work Letter attached hereto, upon Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that, except for the “Authorized Use” described in Section 3 of this Lease, LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant's taking possession for the purposes of conducting business, the Premises, including all Initial Improvements shall be deemed accepted by Tenant. Tenant shall also have the non-exclusive right, subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures)terms hereof, to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein use the Land and Common Areas of the Improvements are referred to collectively as the "Premises"Project. Tenant acknowledges that this Lease the Project is subordinate and subject to (a) all liensor may become an integrated commercial real estate project including the Building, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions the Land and other matters affecting buildings, Common Areas and land. Landlord reserves the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereofright, in effect on its sole discretion, at any time and from time to time, to include the execution Building within a project and/or to expand and/or reduce the amount of this Lease Land and/or improvements of which the Building, the Common Areas, or thereafter promulgated. In Project consists; to alter, relocate, reconfigure and/or reduce the event thatCommon Areas, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so as long as the new Title Matter does not materially Premises remain reasonably accessible; and adversely impair the use or occupancy by Tenant to temporarily suspend access to portions of the Common Areas, if Landlord determines, in its sole discretion, that such suspension is necessary to perform its repair or maintenance obligations under this or any other agreement or to comply with any applicable Laws, as long as the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedremain reasonably accessible.

Appears in 1 contract

Samples: Lease Agreement (UBL Interactive,Inc.)

Premises. LandlordLandlord leases the Premises to Tenant, for and subject to the provisions of this Lease. Except as otherwise expressly provided in consideration this Lease, upon Tenant’s commencing occupancy of the rentsPremises, covenants and agreements hereinafter set forth, hereby leases Tenant shall be deemed to Tenant and Tenant hereby leases from Landlord, upon have accepted the same in their condition existing as of the date of such commencement of occupancy and subject to the termsall applicable municipal, covenants county, state and conditions hereinafter set forthfederal statutes, all that certain parcel of land situated in the County of Riversidelaws, ordinances, including zoning ordinances, and State regulations governing and relating to the use, occupancy or possession of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate the only warranties and subject to (a) all liens, encumbrances, deeds representations Landlord has made in connection with the physical condition of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises or Tenant’s use of the same upon which Tenant has relied directly or indirectly for any purpose, if any, are those expressly provided in this Lease. TENANT ACKNOWLEDGES THAT IT HAS ("Title Matters"OR WILL HAVE BY SEPTEMBER 15, 2006) FULLY INSPECTED AND ACCEPTS THE PREMISES IN THEIR PRESENT CONDITION, AND TENANT WARRANTS AND ACKNOWLEDGES TO AND AGREES WITH LANDLORD THAT TENANT IS LEASING THE PREMISES IN AN “AS IS, WHERE IS” PHYSICAL CONDITION “WITH ALL FAULTS” AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTY, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE OR TYPE WHATSOEVER FROM OR ON BEHALF OF THE LANDLORD, EXCEPT AS EXPRESSLY PROVIDED IN THIS LEASE. Tenant shall perform an inspection of the Premises and its appurtenant systems and fixtures prior to September 15, 2006, and shall provide Landlord with written notice of any reasonable and material objection that it has regarding such physical condition of the Premises and its appurtenant systems and fixtures (giving due consideration towards the age of the Premises, and ordinary wear and tear thereto; provided that such consideration shall not prevent Tenant from making an objection with respect to the Premises and its appurtenant systems and fixtures, or any portion thereof, that is not in reasonably good and safe operating condition and repair) discovered during its inspection on or before such date. If Landlord cannot or will not cure any or all of Tenant’s objections, Landlord shall provide Tenant with written notice of such intention within three (3) business days of Tenant’s notice; otherwise, Landlord shall be deemed to have elected to cure Tenant’s objection to Tenant’s reasonable satisfaction. In the event that Landlord elects not to give or fails to give such notice and further fails to cure Tenant’s objections, to Tenant’s reasonable satisfaction, or if Seller gives such notice, then Tenant may, at its option, either (i) in effect on the Effective Date of terminate this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") by written notice thereof to Landlord prior to the Commencement Date, whereupon neither party shall have any further obligation to the other under this Lease, or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable proceed to the Premises or the use or occupancy thereofCommencement Date, in effect on which event there shall be no abatement in rent or other terms (except as may be mutually agreed by the execution of this Lease or thereafter promulgatedparties). In the event thatthat Tenant does not exercise the option described in (i) above within five (5) business days of any notice by Landlord that it cannot or will not cure an objection, after the Effective Date any new Title Matters appear of record, such matters then Tenant shall be subject conclusively deemed to have elected option (ii) above. Landlord retains risk of loss to the review and approval Premises prior to the Commencement Date, except to the extent caused by the negligence or willful misconduct of Tenant which approval shall not be withheld so long as or its employees, agents, contractors and consultants. If prior to the new Title Matter does not materially and adversely impair the use Commencement Date, all or occupancy by Tenant any portion of the Premises for is damaged or destroyed by fire or other casualty prior to the Commencement Date as a result of events or circumstances other than the negligence or willful misconduct of Tenant or its intended purpose. employees, agents, contractors and consultants, which damage or destruction will result in a material disruption to Tenant’s planned operations at the Premises, in Tenant’s reasonable judgment, then Tenant shall deliver give prompt written notice to Landlord Landlord, and either of its approval or disapproval of such Title Matters the parties may, at their option, terminate this Lease by written notice to the other within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder Tenant’s notice to Tenant and Tenant fails Landlord, whereupon neither party shall have any further obligation to respond within five (5) days the other under this Lease. In the event that neither of the delivery of the written reminder noticeparties terminate this Lease, the new Title Matter provisions of Article 9 shall be deemed approvedcontrol.

Appears in 1 contract

Samples: Warehouse Lease (Pizza Inn Inc /Mo/)

Premises. Landlord, for and in consideration (a) RETURN OF SECOND FLOOR COMMON LOCKER AREA. Effective as of the rentsSecond Amendment Effective Date, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlordreturns and surrenders to Landlord the Return Space, upon as such space is more particularly described on Exhibit 1 attached to and made a part hereof. Tenant shall return and surrender the Return Space with all of Tenant's personal property removed, in "as is" condition and otherwise in accordance with the terms of the Lease, except that Landlord approves the work and alterations that Tenant performed in the Return Space and Landlord agrees that Tenant shall not be required to remove such work and alterations or perform any further work or alterations thereto to effect such surrender in accordance with the terms of the Lease. Effective as of the Second Amendment Effective Date, (i) the Return Space shall no longer be deemed a part of the Premises under the Lease, and (ii) the Return Space shall be deemed part of the Building Common Area serving the function of a common locker area and corridor and Landlord shall be responsible for the maintenance, repair and all other obligations associated with the Return Space as common areas of the Building, subject to Tenant's obligations under the termsLease with respect to such common areas of the Building. (b) LEASE OF P-1 ADDITIONAL PREMISES. Effective as of the Second Amendment Effective Date, covenants and conditions hereinafter set forththe Premises demised under the Lease shall be hereby expanded to include the P-1 Additional Premises, all that certain parcel of land situated in the County of Riverside, and State of California delineated as such P-1 Additional Premises are more particularly described on Exhibit "A" 2 attached hereto and incorporated herein ("Land")by this reference. From and after the Second Amendment Effective Date, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") P-1 Additional Premises shall be deemed to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively included as part of the "Premises"" as referenced throughout the Lease. Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") Landlord hereby expressly approves (i) the plans for the work performed or to be performed by Tenant (or, as between Tenant and its subtenant only, as Tenant may permit or require to be performed by its subtenant) in effect the P-1 Additional Premises, which plans are contained on the Effective Date drawings labeled "A1.0 Existing/Demolition Parking Level 1 Plan" and "A1.1 Proposed Plan Parking Level 1 & 2", both of this Lease as specified in Exhibit which are part of the plans entitled "CNew Laboratories & Offices for: MOMENTA, Level Four, 000 Xxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxxxxxx, Construction Set, 19 June 2007," attached hereto by AHA Consulting Engineers, Xxxxx Xxxxx & Doktor Architects & Planners, Inc.; and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, of said P-1 Additional Premises as a chemical storage area and closet subject to and in effect on accordance with the execution terms and conditions of this Lease or thereafter promulgatedthe Lease. In the event that, after the Effective Date any new Title Matters appear of record, such matters All work and alterations by Tenant shall be subject to performed in compliance with the review terms and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant conditions of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedLease.

Appears in 1 contract

Samples: Lease (Archemix Corp.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants terms and conditions hereinafter set forth, all that those certain parcel premises (the "Premises") presently known, as of land the date of this Lease, as 0000 Xxxxxxx Xxxxx, situated in the City of San Xxxx, County of RiversideSanta Xxxxx, and State of California delineated on Exhibit California, described as follows: for purposes of this Lease, the rentable square footage area of the Building shall be deemed to be approximately sixty-six thousand three hundred sixty-eight (66,368) square feet (the "A" attached hereto and incorporated herein ("LandBuilding"), together with those certain Landlord's Improvements as defined in shown cross-hatched on the Work Letter site plan (the "Site Plan") attached hereto as Exhibit "A". The Building is located on a larger parcel (the "Parcel") containing other buildings (the "Buildings") as shown on the Site Plan, which Parcel is described in Exhibit "B" attached hereto. In the event Landlord subdivides the Parcel in the future into two (2) or more legal parcels, the term "Work Letter") Parcel" shall thereafter refer to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting legal parcel on which the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease are located. Except as specified provided in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") , Landlord shall not be required to make any alterations, additions or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable improvements to the Premises or and the use or occupancy thereofPremises shall be leased to Tenant in an "as-is" condition; provided, however, the Premises will be delivered to Tenant in effect good condition and repair, including the roof and structural integrity of the Building, and the Premises as they exist on the date of execution of this Lease or thereafter promulgated. In the event that(exclusive of any Tenant Improvements constructed pursuant to Exhibit "C"), after the Effective Date any new Title Matters appear of recordwill be in compliance with all governmental codes, such matters shall be subject to the review ordinances and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten statutes, including Americans With Disabilities Act (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approved"ADA").

Appears in 1 contract

Samples: Lease Agreement (Elexsys International Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon on the terms and conditions set forth herein, the space outlined on the attached Exhibit A (the “Premises”). The Premises are located on the floor(s) specified in Paragraph 2 below of the building (the “Building”) located at 000 Xxxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxx. The Building, the parcel(s) of land (the “Land”) on which the Building is located and the other improvements on the Land (including the walkways and landscaping) are referred to herein as the “Real Property.” The Real Property is a part of the office and retail project (which includes rights to portions of two (2) parking garages) commonly known as Denver City Center (the “Project”). Tenant’s lease of the Premises shall include the right to use, in common with others and subject to the termsother provisions of this Lease, covenants the public lobbies, entrances, stairs, elevators and other public portions of the Building, as well as the common areas of the other portions of the Project that are pertinent to Tenant’s occupancy and use of the Premises. Tenant shall comply with all recorded covenants, conditions and restrictions currently or hereinafter set forthaffecting the Project (the “CC&R’s”) and agrees that this Lease shall be subject and subordinate thereto; provided, all however, that certain parcel Landlord represents and warrants that no such CC&R’s shall have a material adverse effect on Tenant’s ability to use the Premises for the Business of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein Tenant ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"Paragraph 2.f. below). Herein All of the Land windows and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant outside walls of the Premises and any space in the Premises used for its intended purpose. Tenant shall deliver written notice shafts, stacks, pipes, conduits, ducts, electrical equipment or other utilities or Building facilities are reserved solely to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant shall have rights of access through the Premises for the purpose of operating, maintaining and Tenant fails to respond within five (5) days of repairing the delivery of the written reminder notice, the new Title Matter shall be deemed approvedsame.

Appears in 1 contract

Samples: Office Lease (Salt Blockchain Inc.)

Premises. Landlord, for and in consideration (a) Effective as of the rents260 Expansion Date, covenants and agreements hereinafter set forth, hereby leases Landlord shall lease the 260 Expansion Space to Tenant and Tenant hereby leases shall lease the 260 Expansion Space from Landlord, upon and subject to the termsPremises, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Lease, shall mean, collectively, the Current Premises and the 260 Expansion Space. Accordingly, effective as of the 260 Expansion Date, the “Agreed Rentable Area”, as defined in Item 2 of the Basic Lease Provisions, shall be amended to mean 94,086 square feet. The 260 Expansion Space shall be subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances or free rent granted with respect to the Current Premises unless such concessions are expressly provided for herein with respect to the 260 Expansion Space. (b) As used herein, the “260 Expansion Date” shall mean the date of Substantial Completion with respect to the 260 Expansion Space, subject to adjustment for any Tenant Delays (as defined and determined in accordance with the terms of the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and delivery of possession of the 260 Expansion Space in vacant, broom clean condition. Upon Substantial Completion of the 260 Expansion Space, Landlord and Tenant shall execute an Acceptance of Premises Memorandum in substantially the form of Exhibit E attached to the Lease. If Tenant occupies any portion of the 260 Expansion Space, other than for the purposes of installing Tenant’s property as described in Section 1(c) below, without executing the Acceptance of Premises Memorandum, Tenant shall be deemed to have accepted such 260 Expansion Space for all other improvementspurposes, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds the terms of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity otherwise applicable to the Premises or (e.g., Tenant’s express rights to object to defects). Effective as of the use or occupancy thereof260 Expansion Date, Exhibit A attached hereto shall be added to and incorporated into Exhibit A to the Lease. Notwithstanding anything to the contrary in effect on this Amendment, if the execution of this 260 Expansion Date is delayed beyond July 1, 2011, then the Density Surcharge that would otherwise be payable under the Lease or thereafter promulgated. In shall be deemed waived until the event that, date that is sixty (60) days after the Effective 260 Expansion Date. (c) Tenant shall have the right to access the 260 Expansion Space approximately two (2) weeks prior to the 260 Expansion Date any new Title Matters appear for the sole purpose of recordinstalling furniture, trade fixtures, telecommunications or other personal property of Tenant and otherwise preparing the 260 Expansion Space for occupancy, provided that Tenant coordinates such matters access with Landlord’s general contractor and does not materially interfere with the construction of the Tenant’s Improvements (as defined in Exhibit B attached hereto). Such access shall be subject to all of the review terms and approval conditions of the Lease, and except for the cost of above Building standard services requested by Tenant which approval in writing (e.g. after hours HVAC), Tenant shall not be withheld so long as required to pay Rent or other remuneration with respect to the new Title Matter does not materially and adversely impair 260 Expansion Space for the use or occupancy by period of time prior to the 260 Expansion Date during which Tenant of performs such work in the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approved260 Expansion Space.

Appears in 1 contract

Samples: Lease Agreement (Bazaarvoice Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants terms and conditions hereinafter set forth, all that those certain parcel of land situated premises (the "Premises") Situated in the City of Sunnyvale, County of RiversideSanta Clarx, Xxate of California, shall be deemed to be approximately ninety eight thousand eight hundred thirty six (98,836) square feet of floor space in the building (the "Building"), and State of California delineated the land as described on Exhibit "A" attached hereto and incorporated herein known as 1344 Xxxxxxxxx Xxxxxx. Xxndlord shall not be required to make any alterations, additions or improvements to the Premises and the Premises shall be leased to Tenant in an "As is" condition. Tenant and its representatives, have, prior to executing this Lease, made such inspections of the Premises and matters related thereto as Tenant and its representatives desire, including, without limitation, governmental laws and regulations to which the Premises is subject and Tenant shall accept the Premises upon the basis of its review and determination of the applicability and effect of such laws and regulations. Tenant further acknowledges and agrees that, the Premises is to be leased and delivered to and accepted by Tenant in an "As Is" condition as of the Commencement Date with all faults and defects and without any covenant ("Land")whether express, together with those certain Landlord's Improvements as defined implied or otherwise) made by Landlord to remedy any then existing fault or defect, whether known or unknown, suspected or unsuspected subject to the condition set forth in Paragraph 40 below. Tenant still further acknowledges that Tenant has received, has reviewed and is knowledgeable of the disclosures and information contained in the Work Letter attached hereto as environmental assessments, investigations and reports listed in Exhibit "B" attached hereto. Landlord makes no representation or warranty as to the accuracy or completeness of the disclosures or information contained in said engineering and environmental assessments and reports. Landlord does not make any representations or warranties of any kind whatsoever, either express or implied, with respect to the Premises or any of such related matters; in particular, but without limitation, Landlord makes no representation or warranties with respect to the use, condition, size, dimensions, boundaries, title, occupation, management or value of the Premises or the building and improvements thereon, presence or absence of hazardous materials in, on, under or about the Premises or surrounding properties, compliance with applicable statutes, laws, codes, ordinances, regulations or requirements relating to leasing, zoning, subdivision, planning, building, fire, safety, health or environmental matters, compliance with covenants, conditions and restrictions ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtureswhether or not of record), to be installed other local, municipal, regional, state or located thereon and all additionsfederal requirements, alterations and replacements thereof or other statutes, laws, codes, ordinances, regulations or requirements (collectively "Improvements"including, without limitation, The Americans With Disabilities Act). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that it Is entering into this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect Agreement on the Effective Date basis of this Lease as specified Tenant's own investigation of the physical and environmental conditions of the Premises. Tenant waives and releases its right to recover from Landlord and its partners, employees and agents any and all damages, losses, liabilities, costs or expenses whatsoever (including, without limitation, reasonable attorneys' fees and costs), and claims therefor, whether direct or indirect, known or unknown, foreseen or unforeseen, which may arise on account of or in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") any way growing out of or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance connected with the physical condition of any governmental entity applicable to the Premises or any federal, state or local law, statute, ordinance or regulation applicable thereto (including, without limitation, the use or occupancy thereofComprehensive Environmental Response Compensation and Liability Act of 1980, in effect on the execution as amended, 42 U.S.C. Sections 9601 et seq. and The Resources Conservation and Recovery Act of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose1976,42 U.S.C. Sections 6901 et seq. Tenant shall deliver written notice to Landlord expressly waives the benefits of its approval or disapproval Section 1542 of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approved.the

Appears in 1 contract

Samples: Lease Agreement (Arbor Software Corp)

Premises. Landlord, for (a) Landlord does hereby rent and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases lease to Tenant and Tenant does hereby leases rent and lease from Landlord, upon and subject to Landlord the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated Premises located in the County of RiversideBuilding and in the Industrial Center identified in the Basic Lease Provisions, and State of California delineated situated on the real property described in Exhibit "A" attached hereto and incorporated herein (the "LandProperty"), together with those certain Landlord's Improvements such Premises as defined in all further shown by diagonal lines on the Work Letter drawing attached hereto as Exhibit "BA-1" ("Work Letter") to be constructed and made a part hereof by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises"reference. Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting has inspected the Premises (and agrees to accept the same "Title Matters") (i) in effect AS IS," without representation or warranty on the Effective Date part of this Lease Landlord to perform any improvements therein, except as specified expressly set forth in Exhibit "CB" attached hereto and incorporated made a part of hereof, subject to all other representations and warranties of Landlord expressly set forth in this Lease. Landlord and Tenant agree that the number of rentable square feet described in Paragraph 2 of the Basic Lease Provisions has been confirmed and conclusively agreed upon by the parties. No easement for light, air or view is granted hereunder or included within or appurtenant to the Premises. (b) Tenant shall be entitled to use the number of unreserved parking spaces specified in Paragraph 9 of the Basic Lease Provisions on those portions of the Common Areas designated from time to time by Landlord for parking, which shall include fifteen (15) general "visitor"-designated parking spaces near the front entrance of the Premises (marked on the ground as such and identified by signage erected by Landlord). Tenant shall not use more parking spaces than said number. Said parking spaces shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations as defined in Paragraph 14 issued by Landlord. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded, or parked in areas other than those designated by Landlord for such activities. If Tenant permits or allows any of the prohibited activities described in this Paragraph 1, then Landlord shall have the right, upon reasonable notice (which may take the form of a general notice in the parking areas), in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord. (i) The term "Preliminary Report") or common areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Industrial Center and interior utility raceways within the Premises that are provided and designated by the Landlord from time to time for the general non-exclusive use of Landlord, Tenant and other Tenants of the Industrial Center and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Within such common areas, Landlord shall provide Tenant with a loading area for Tenant's exclusive access. (ii) approved Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the common areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance under the terms of any governmental entity applicable to the Premises rules and regulations or restrictions governing the use of the Industrial Center; provided, however that Tenant shall have no right to use the common areas of buildings in the Industrial Center other than the common areas within the Building. Under no circumstances shall the right herein granted to use the common areas be deemed to included the right to store any property, temporarily or occupancy thereofpermanently, in effect on the execution common areas. Any such storage shall be permitted only by the prior written consent of this Lease Landlord or thereafter promulgatedLandlord's designated agent, which consent may be revoked at any time. In the event thatthat any unauthorized storage shall occur then Landlord shall have the right, after without notice, in addition to such other rights and remedies that it may have, to remove the Effective Date any new Title Matters appear property and charge the cost of recordTenant, such matters which cost shall be subject immediately payable upon demand by Landlord. (iii) Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the common areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable, non-discriminatory Rules and Regulations with respect thereto in accordance with Paragraph 14. Tenant agrees to abide by and conform to all such Rules and Regulations, and to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform; provided, however, that Tenant shall only be bound by Rules and Regulations and changes thereto if Landlord has provided such Rules and Regulations (or changes thereto) to Tenant and in the case of changes to the review Rules and approval Regulations, Tenant has received thirty (30) days prior written notice of Tenant which approval such changes. Landlord shall not be withheld so long responsible to Tenant for the non-compliance with said rules and regulations by other tenants of the Industrial Center, but, upon receipt of written notice from Tenant, landlord shall use commercially reasonable efforts to enforce such rules and regulations as to other tenants not in compliance therewith. (iv) Tenant shall not succeed to any of Landlord's easement rights over and relating to the new Title Matter does not materially Property, nor shall Tenant obtain any rights to common areas, as designated by Landlord, other than those rights specifically granted to Tenant in this Lease. Landlord shall have the sole right of control over the use, maintenance, configuration, repair and adversely impair improvement of the common areas, which Landlord shall keep neat and clean and in good condition and repair. Landlord may make such changes to the use or occupancy by Tenant configuration of, or improvements comprising, the common areas as Landlord may elect without liability to Tenant, provided that Landlord shall not have the right to make any changes that materially adversely affect Tenant's vehicular parking rights or areas, Tenant's path of ingress and egress, Tenant's signage, the common area lighting, or Tenant's use and enjoyment of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedcommon areas.

Appears in 1 contract

Samples: Industrial Lease Agreement (Altigen Communications Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants terms and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" premises ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises") presently known, as of the date of this Lease, as 0000 Xxxxxxx Xxxxx, situated in the City of San Xxxx, County of Santa Xxxxx, State of California, described as follows: for purposes of this Lease, the rentable square footage area of the Building shall be deemed to be approximately thirty-eight thousand two hundred eighty-four (38,284) square feet (the "Building"), as shown cross-hatched on the site plan (the "Site Plan") attached hereto as EXHIBIT "A". Tenant acknowledges that this Lease The Building is subordinate and subject located on a larger parcel (the "Parcel") containing other buildings (the "Buildings") as shown on the Site Plan, which Parcel is described in EXHIBIT "B" attached hereto. In the event Landlord subdivides the Parcel in the future into two (2) or more legal parcels, the term "Parcel" shall thereafter refer to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the legal parcel on which the Premises are located. Landlord shall deliver the premises in good condition and repair, including the roof, heating, ventilation and air conditioning (HVAC) equipment and structural integrity of the building and in compliance with all governmental codes, ordinances and statues, including those applicable under the Americans of Disabilities Act (ADA). Landlord shall not be required to make any alterations, additions or improvements to the Premises and the Premises shall be leased to Tenant in an "Title Mattersas-is" condition, except for those improvements as defined as ") (i) Landlord's Improvements" in effect on the Effective Date of this Lease as specified in Exhibit EXHIBIT "C" attached hereto and incorporated herein (made a part hereof. THE EXACT SQUARE FOOTAGE SHALL BE DETERMINED UPON FINAL APPROVAL OF THE FINAL TENANT IMPROVEMENT PLANS, WHICH TENANT DESIRES TO CONSTRUCT AT ITS SOLE COST, PURSUANT TO EXHIBIT "Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedD" ATTACHED HERETO.

Appears in 1 contract

Samples: Lease Agreement (Novellus Systems Inc)

Premises. LandlordSublessor hereby releases to Sublessee on the terms and conditions set forth in this Sublease the Master Premises (“Premises”): There is a discrepancy in the size of the Building between that referred to in the Master Lease and that referred to in the space plan of the Building. For all purposes of this Sublease, the Premises shall be conclusively deemed to be 85,356 square feet calculated pursuant to the Standard Method of Measuring Floor Area, ANSI Z65.1-1996 (“BOMA Standard”). Sublessee accepts the Premises in their present “AS-IS” condition and shall be responsible, at its cost and expense, for all alterations, improvements, additions and in consideration other work required or desired for its use and occupancy of the rentsPremises, covenants and agreements hereinafter set forthexcept for the work, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as if any specified in Exhibit "C" attached hereto B which is to be performed by Sublessor at its cost as therein provided. Sublessee will use its own due diligence to determine if the Property is in compliance with all laws, codes and incorporated herein ("Preliminary Report") regulations having jurisdiction including building codes, fire codes, life safety and ADA and will satisfy itself as to the conditions of the building and the air conditioning units, plumbing, heating and electrical panels and meters. To the best of Sublessor’s knowledge, there are no known violations of law. All improvements by Sublessee shall be pre-approved, constructed and maintained by Sublessee in accordance with the Master Lease. If required by Lessor, Sublessee, shall, remove any improvements installed by Sublessee before the end of Sublessee’s term hereunder, however terminated during the Sublease term. Sublessee desires to install HVAC units and has submitted plans with respect thereto. Sublessee warrants, and Sublessor guarantees, that the HVAC units, if approved, will be watertight and that the integrity of the roof will not be impaired thereby. Until further notice by the Lessor, the HVAC units will not be removed before or (ii) approved upon the end of Sublessee’s term hereunder, however, terminated and shall remain on the premises. Any removal and restoration of improvements by Sublessee as may be required by Lessor, shall he completed prior to the end of the Sublease term and in accordance with the Master Lease. Sublessor Warrants that, should Sublessee’s installation, removal or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance maintenance of any governmental entity applicable to the Premises or the use or occupancy thereofimprovements cause Lessor damage, Sublessor, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters addition to Sublessee shall be subject jointly and severally responsible to the review Lessor for all costs and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder noticedamages resulting therefrom, the new Title Matter shall be deemed approvedincluding attorneys’ fees.

Appears in 1 contract

Samples: Sublease Agreement (AeroVironment Inc)

Premises. LandlordTenant currently occupies the Premises and represents to Landlord that it has examined and inspected the same, finds them satisfactory for Tenant’s intended use, and in consideration constitutes Tenant’s acceptance “AS IS - WITH ALL FAULTS.” Landlord makes no express or implied representations or warranties as to the condition of the rentsPremises whatsoever. Promptly following the Effective Date, covenants Tenant, at Tenant’s sole cost and agreements hereinafter set forthexpense, hereby leases to shall (i) remove the internal stairwell between floor 3 and floor 4 of the Project, close off the area in which the stairwell was located, and restore the Project (including roof, ceiling, and flooring) in such area and (ii) finish the unfinished portion of the Premises located on the first floor (collectively, the “Tenant and Work”). The Tenant hereby leases from Landlord, upon and subject Work shall be performed in compliance with Exhibit B. It being understood that Landlord has no construction responsibilities with respect to the termsdelivery of the Contracted Premises. The Tenant Work shall be performed pursuant to Exhibit B. The portion of the Tenant Work described in clause (i) above shall be completed in accordance with the provisions of Exhibit B and sufficient to allow the commencement of the new tenant’s occupancy under the New Lease on or before 4th Floor Contraction Date. In the event that the Tenant Work described in clause (i) above is not completed by the 4th Floor Contraction Date, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter"a) to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liensLandlord will incur damages under the New Lease, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice pay to Landlord of its approval or disapproval of as damages for such Title Matters within ten failure to complete the Tenant Work described in clause (10i) days after delivery above by Landlord the 4th Floor Contraction Date an amount equal to Five Hundred and No/100 Dollars ($500.00) per day for each day between the 4th Floor Contraction Date and the date on which the Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day Work is complete, excluding from that time period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approveddelays caused by Force Majeure.

Appears in 1 contract

Samples: Lease Amendment (Extreme Networks Inc)

AutoNDA by SimpleDocs

Premises. LandlordLessor, for and in consideration of the rents, covenants and agreements hereinafter set forthof the Lessee contained in this Lease hereby grants, demises and leases to Lessee, and Lessee for and in consideration of the covenants and agreements of the Lessor contained in this Lease and the Management Agreement (defined in Section 4(d) of this Lease), hereby leases to Tenant and Tenant hereby leases takes from LandlordLessor, for the Rent and upon and subject to the terms, covenants terms and conditions hereinafter set forthprovided in this Lease, all that certain parcel of the following described Property: (a) The land situated described in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein to this Lease (collectively, the "Land"), together with those certain Landlordall of the buildings, improvements and fixtures on the Land, and all of Lessee's Improvements as defined improvements that are constructed in accordance with the Work Letter attached hereto as Exhibit terms of this Lease (together the "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("BuildingImprovements") and all other improvements, machinery, equipment, fixtures appurtenances and other property (except Tenant's trade fixtures), rights relating to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements Improvements, including also all interest of Lessor in and to adjacent streets, alleys, easements, rights-of-way and rights of ingress and egress to the Land and all other land owned or claimed by Lessor that is adjacent, contiguous to or a part of the Land, whether owned or claimed by deed, limitations or otherwise and whether or not located inside or outside the metes and bounds description of the Land or whether or not held under fence by Lessor (the Land, Improvements, appurtenances and other rights are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and ). (b) any lawAll of the Personal Property described on Exhibit "A-1" to this Lease and all other equipment and personal property owned by Lessor and located in, regulationon or used in connection with the Premises including, rulewithout limitation the right to use the name "Valley Greyhound Race Park" and other names used for the Premises, order or ordinance of any governmental entity applicable sign rights, all telephone numbers related to the Premises or operation of the use or occupancy thereofPremises, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject all keys and all goodwill relating to the review Premises, all of Lessor's right, title and approval of Tenant interest in all water, waste water, drainage, telephone and other utilities, utility lines, utility connections, utility commitments, utility capacity and reservations, and other rights, capital recovery charges and other fees paid or deposits made by Lessor, and any reimbursements or other rights belonging to Lessor which approval shall not pertain to any utilities or utility services provided, to be withheld so long as the new Title Matter does not materially and adversely impair the use provided, or occupancy by Tenant available to all or any part of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten Property (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of collectively the delivery of the written reminder notice, the new Title Matter shall be deemed approved"Personal Property").

Appears in 1 contract

Samples: Lease Agreement (Sam Houston Race Park LTD)

Premises. Landlord, for Landlord does hereby demise and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to let unto Tenant and Tenant does hereby leases lease and take from Landlord, Landlord for the term and upon and subject to the terms, covenants covenants, conditions and conditions hereinafter provisions set forth, forth herein all that certain parcel tract of land situated located at Ashley Xxxxxxxxx Xxxxxxxxx, Xxxx xx Xxxxxxx, Xxxxxxxx Xxxxxx, Xxxxx Xxxxxxxx (herein called the "Lot") which is outlined in the County of Riverside, and State of California delineated red on Exhibit "A" attached hereto and incorporated herein ("Land")hereto, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building (herein called the "Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), improvements to be installed or located constructed thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land in accordance with Article 2 hereof and the Improvements are referred benefit of all rights, appurtenances, privileges, easements, rights of ingress or egress, licenses or hereditaments now or hereafter belonging or appertaining to any of the foregoing (the Lot, the Building, such benefits and any other improvements thereon being herein collectively as called the "Premises"). Tenant acknowledges that Landlord does not own the Lot as of the date hereof but is a contract vendee for the purchase of the Lot. Landlord represents and warrants that it has valid and enforceable contract rights to purchase the Lot. Landlord's obligations hereunder are contingent upon Landlord's obtaining title to the Lot on or before June 15, 1999. If Landlord has not obtained title to the Lot on or before June 15, 1999, both Landlord and Tenant shall have the right to terminate this Lease is subordinate Agreement by written notice, and subject upon such termination neither party shall have any further obligations to (a) each other whatsoever except that Landlord shall return to Tenant any security deposit held by Landlord in connection herewith and shall take all liens, encumbrances, deeds necessary action to cause the Letter of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date Credit required by Section 31 of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgatedbe terminated. In the event thatthat Tenant requests Landlord to make application for a Fee in Lieu of Property Tax as described in Section 6 hereof, after the Effective Date any new Title Matters appear of record, such matters shall it is understood and agreed that Landlord may be subject required to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use convey title to all or occupancy by Tenant part of the Premises for its intended purpose. Tenant to Berkeley County, South Carolina in which event Landlord shall deliver written notice lease the Premises, or such part thereof, from Berkeley County and this Lease shall automatically be converted from a lease to a sublease between Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedTenant.

Appears in 1 contract

Samples: Lease Agreement (McNaughton Apparel Group Inc)

Premises. Landlord, for and in consideration 1. That part of the rentsBuilding outlined on the attached Plan Showing the Premises, covenants called Suite W500 (deemed to contain approximately 74,788 rentable square feet), on the 5th floor of the Building, including all tenant improvements made by Landlord pursuant to the attached Work Letter. 2. Landlord shall, at its cost (and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and not subject to the termsAllowance, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") ), upgrade the existing ceiling to be constructed by Landlord“building standard”, including an approximately three hundred thirty thousand a 2’ x 2’ grid system and new building standard ceiling tile throughout the Premises. The existing deep cell parabolic lighting in the Premises shall be retained “as is, where is”, but such lighting will be fully equipped by Landlord with working bulbs at the Commencement Date. (330,000a) square foot building Subject to existing rights under leases of space in the Building as of the date hereof ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixturesas described at the end of this Section), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to renewals of leases or extensions of terms of leases of then existing tenants of the Additional Office Space (aas hereinafter defined) all lienswhich have been or may be granted in Landlord’s sole discretion, encumbrancesat the date of any notice required in this Section, deeds if this Lease shall be in full force and effect and Tenant named herein shall occupy at least 75 percent of trustthe Premises and no monetary default of which Tenant has been given notice or event of default for a non-monetary default under this Lease exists, reservationsLandlord shall, covenantsat such time as Landlord first submits a lease proposal (Proposal) to a specific bona fide prospective tenant for space in the Building which includes any portion (or all) of the office space on the 2nd, conditions3rd, restrictions and other matters affecting or 4th floors of the Building, indicated as “Additional Office Space” on the attached Plan Showing the Premises ("Title Matters"the space delineated in the Proposal is referred to as Offered Refusal Space), notify Tenant of the Proposal (Landlord’s Notice). Tenant may lease all of the Offered Refusal Space upon the terms contained in the Proposal by giving Landlord notice of exercise (Exercise Notice) within 10 days after receipt of Landlord’s Notice. Promptly after Tenant exercises this option (ibut in no event later than 30 days after Tenant’s receipt of the form of the proposed agreement), the parties shall enter into either a supplemental agreement to this Lease incorporating the Offered Refusal Space as part of the Premises or, at Landlord’s option, a separate lease agreement (which agreement shall be in substantially the same form as this Lease in all material respects, except as provided in the Proposal). If the tenant who is the subject of the Proposal is not represented by a broker or other agent, Tenant shall be responsible for any commission or fee due to any broker or other agent employed by Tenant. Anything in this Section to the contrary notwithstanding, this option shall terminate with regard to the Offered Refusal Space if Tenant fails to exercise the option or enter into a supplemental agreement or separate lease (as the case may be) in effect accordance with this Section, and upon such termination, Tenant shall have no further right to lease the Offered Refusal Space and Landlord may contract with any party with respect thereto without any further obligation to Tenant, provided that (1) if Landlord fails to enter into a lease with a tenant for the Offered Refusal Space within 6 months after Landlord’s Notice and Landlord subsequently seeks to lease the Offered Refusal Space to another prospective tenant, or (2) if the terms and conditions upon which Landlord proposes to lease the Offered Refusal Space to any prospective tenant are materially more favorable to such prospective tenant than those contained in Landlord’s Notice (which shall be deemed to include a difference of more than 5 percent of the total rental to be paid over the same term), then in any of such events, upon the expiration of the period set forth in subsection (1) or a material change of terms or conditions as set forth in subsection (2), this option shall again be applicable to the Offered Refusal Space. The existing rights to the Additional Office Space referred to above are as follows: regarding the 2nd floor, Xxxxxxxx & Xxxxxx is an existing tenant with a right of first refusal on the Effective Date balance of this Lease as specified in Exhibit "C" attached hereto the floor; regarding the 3rd floor, General Xxxxx is an existing tenant with a right of first refusal on the balance of the floor, and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1Mosaic Company has a subordinate right of first refusal on the same balance; regarding the 4th floor, ("Permitted Encumbrances") and Mosaic Company is an existing tenant on the entire floor. (b) any law, regulation, rule, order or ordinance of any governmental entity applicable Anything to the Premises or contrary in Section II.A.3.(a) notwithstanding, upon receipt of a Proposal, if the use or occupancy thereofterm for the Offered Refusal Space (Option Space Term) is expected to commence on a date during the first 14 months of the Term of this Lease, in effect and if Tenant desires to exercise its option to lease the Offered Refusal Space, it may do so either on the execution of terms contained in the Proposal or on the terms set forth in this Lease or thereafter promulgated. In Section II.A.3.(b) (the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject latter terms sometimes referred to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially “In Place Terms”), and adversely impair shall make such election in the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title MatterExercise Notice. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to make an election in the Exercise Notice, then for purposes of Section II.A.3.(a), Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedto have elected the terms contained in the Proposal. For purposes of this Section, if the In Place Terms are applicable, the Base Rent for the Offered Refusal Space shall be based on the then concurrent rates in effect for the Premises, Tenant’s Proportionate Share shall be increased based on the rentable square footage of the Offered Refusal Space, and the expiration date for the occupancy of the Offered Refusal Space shall be the same as the Termination Date for the Premises. Landlord shall provide Tenant an improvement allowance (Option Space Allowance) for improvements to be made to the Offered Refusal Space in an amount equal to the product of (1) $35.00 per rentable square foot of the Offered Refusal Space, multiplied by (2) a fraction, the numerator of which is the number of full calendar months remaining in the Term of the Lease (after the commencement date of the Offered Refusal Space) and the denominator of which is 80, and all tenant improvement work shall otherwise be completed in accordance with the provisions of the attached Work Letter or as otherwise agreed to by Landlord and Tenant. 4. For so long as Landlord makes certain space available to tenants of the Building for the storage of files and office supplies (Storage Space), Tenant may lease up to 1,900 square feet of the Storage Space not leased to others (the configuration shall be subject to Landlord’s approval, which shall not be unreasonably withheld) at Landlord’s then standard storage rate (Landlord’s current rate is $12.00 per square foot per annum, which shall not be increased for purposes of this Section prior to July 1, 2010). In all events, the rate will be paid on a gross basis, with no additional rent payable for expenses or taxes with respect to such space.

Appears in 1 contract

Samples: Office Lease (Ev3 Inc.)

Premises. LandlordLandlord does hereby lease to Tenant, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant does hereby leases lease from Landlord, upon and subject to the terms, covenants terms and conditions hereinafter herein set forth, all that certain parcel of land situated the Premises described in Section l(b) hereof as shown on the County of Riverside, and State of California delineated on Plans referenced in Exhibit "A" A-1 attached hereto and incorporated herein herein. In addition, Tenant shall also have the aforementioned parking rights and rights of ingress and egress over common areas in the Building and the land ("Land")) more particularly described on Exhibit A attached hereto, together with those certain Landlord's Improvements as defined the right to use the large green "Commons" area in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except center of the campus of which the Land is a part. All of Tenant's trade fixtures), to be installed or located thereon rights in and all additions, alterations and replacements thereof (collectively "Improvements"). Herein over the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters Commons shall be subject to the review provisions of that certain Reciprocal Easement Agreement dated of approximately even date herewith ("REA"), a copy of which Tenant acknowledges having had the opportunity to review. Landlord does not own the Building and approval Land but leases them pursuant to that certain Tower, and Adjacent Property Lease dated August 26, 1998 (the "Ground Lease") between Pacific Hospital Preservation and Development Authority, a Washington public authority ("PMC") as landlord and Landlord as tenant. This lease is therefore actually a sublease and subject and subordinate to all of the terms and conditions of the Ground Lease. For convenience, this sublease is referred to herein as this "Lease." Notwithstanding the foregoing, nothing in the Ground Lease shall modify or excuse Landlord's obligations to Tenant which approval under this Lease. Landlord shall cause to be executed, concurrent with full execution of this Lease, an agreement by PMC acknowledging that this Lease is in compliance with all requirements of the Ground Lease, and agreeing that, in the event the Ground Lease is terminated for any reason, this Lease shall become a direct lease between Tenant and PMC without further action by either party, and provided only that PMC shall not be withheld so long as liable for (i) any claims against the new Title Matter does not materially and adversely impair Landlord under this Lease accruing prior to the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers date this Lease becomes a written reminder notice to direct lease between Tenant and Tenant fails PMC, or (ii) any initial construction or allowance obligations under this Lease. "Net rentable square feet", "rentable area", and similar terms used herein when applied to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter future calculations or adjustments shall be deemed approvedmean "Rentable Area" as defined in BOMA American National Standard Z6.1-1996.

Appears in 1 contract

Samples: Lease Agreement (Amazon Com Inc)

Premises. Landlord1. The Premises is to be approximately 35,000 square feet located on the first, for second and in consideration third floor of the rentsRail Station Building, covenants which includes hold rooms, ticket counters and agreements hereinafter back office, approximately 3,000 square feet on the first, second and third floor for baggage operations, and approximately 83,500 square feet of Platform on the second floor, all of which is more specifically depicted on Exhibit “B.” 2. As of the Effective Date, the Premises depicted on Exhibit “B” is conceptual. Upon completion of the design for the Rail Station Building (which shall be accomplished by the parties working together in good faith acting reasonably and as contemplated in Section 5.01 below), the parties agree to substitute a revised Exhibit “B” to depict the Premises that will be constructed. Any changes to the Premises, except as set forthforth herein, shall be evidenced by an amendment to this Agreement. 3. The Authority hereby leases and demises to Tenant Rail Company and Tenant hereby leases Rail Company agrees to lease and accept from Landlordthe Authority, upon and subject to the termsPremises. Upon Substantial Completion of the Rail Station Building, covenants and conditions hereinafter set forthRail Company shall accept the Premises “as is”, all that certain parcel of land situated generally in the County of Riversidesame condition in which such space or any part thereof will be provided, and State of California delineated however, the Authority shall assign any warranties on Exhibit "A" attached hereto and incorporated herein ("Land")the construction, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlordmaterials, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures equipment and other personal property (except Tenant's trade fixtures)incorporated into the Rail Station Building which are applicable thereto or shall cooperate with Rail Company in order to make claims as necessary under any such warranties. Rail Company agrees that the Authority shall have no obligation to do any work on, or make any improvements to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable with respect to the Premises or the use or occupancy condition thereof, unless otherwise specifically agreed to by the Authority. 4. The Authority may, in effect on its reasonable discretion, (i) make changes in the execution Airport boundaries, the categories of space (e.g. Public Space to rentable space) or the configuration or amount of space (but not the Premises unless agreed to by Rail Company), and (ii) identify new, destroyed, demolished, untenable, decommissioned or re-commissioned facilities or space. In any such event, or upon any change in Premises made hereunder or to the premises leased by any other party, the Authority may amend Exhibits “A” and/or “B”, as appropriate, and, upon notice to Rail Company, such amended Exhibit shall replace any previous corresponding exhibits and shall become a part of this Lease or thereafter promulgated. In the event thatAgreement; provided, after the Effective Date any new Title Matters appear of recordhowever, such matters shall be subject to the review and approval of Tenant which approval that Rail Company’s Rail Transportation Business shall not be withheld so long as adversely affected in any material respect by any such changes. 5. Rail Company and the new Title Matter does not materially Authority agree that it is important to maximize the efficiency of space leased and adversely impair used in the Rail Station Building, while also adhering to reasonable standards and levels of customer service for the traveling public. Throughout the Term of this Agreement, Rail Company and the Authority will continue to monitor and evaluate operations in an effort to achieve a reasonable balance between efficient railroad operations and level of customer service for the traveling public. Should the Authority notify Rail Company of its concern with regards to potential customer service issues, Rail Company agrees to discuss with the Authority, and take reasonable action to address and alleviate, the customer service issues. The Authority acknowledges and agrees that on or before Rail Company commences its Rail Transportation Business, it shall cause (i) rental car facilities to be open and operating on the Airport, (ii) completion of the APM, and (iii) all access roads in order for the Rail Station Building to have legal ingress and egress to have been completed. 6. Rail Company may satisfy temporary or seasonal needs for additional space within the Rail Station Building (i.e. a change in demand for space expected to be temporary caused by unusual or special circumstances) through the use of a Space/Use Agreement. Rental rates payable by Rail Company under the Space/Use Agreement for additional space within the Rail Station Building shall be at the per square foot rent herein effect under this Agreement. At any time during the term of any Space/Use Agreement, Rail Company may request that the space leased thereunder be added to this Agreement. The Authority may approve or occupancy by Tenant of the Premises for deny this request in its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matterreasonable discretion. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of Rail Company requests additional space outside the written reminder notice, the new Title Matter Rail Station it shall be deemed approvedhandled in the same manner with applicable rent to be agreed upon between the parties.

Appears in 1 contract

Samples: Premises Lease and Use Agreement (Virgin Trains USA LLC)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon and the Premises identified in Section 1.1, subject to and with the benefit of the terms, covenants and conditions hereinafter set forthof this Lease, and of rights, agreements, easements and restrictions of record applicable to the property of which the Premises are a part, all that certain parcel of land situated in which Tenant shall perform and observe insofar as the County of Riverside, same are applicable to the Premises. Subject to the rules and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed regulations established by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), Tenant shall have the appurtenant rights in common with others to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to use (a) all liensthe exterior walkways, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions sidewalks and other matters affecting driveways necessary for access to the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") Premises; and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable up to the number of Parking Spaces and reserved and visitor parking spaces as set forth in Section 1.1 for the non-exclusive and reserved use, as applicable, of Tenant and Tenant’s employees and business invitees in areas designated from time to time by Landlord. Landlord excepts and reserves the right from time to time (a) to install, use, maintain, repair, replace and relocate within the Premises and other parts of the Building, or either, pipes, meters and other equipment, machinery, apparatus and appurtenant fixtures; and (b) to make additions to the use Building and alter or occupancy thereofrelocate any entranceways, common areas or other facilities (including, without limitation, all access driveways, walkways and parking areas) serving the Premises. Landlord’s right to perform any of the foregoing actions described in effect on the execution of this Lease clauses (a) or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall (b) will at all times be subject to the review Landlord’s obligation to use commercially reasonable efforts to (i) perform such actions in such a manner as to minimize disruption of Tenant’s business operations and approval of Tenant which approval shall not be withheld so long as the new Title Matter does (ii) not materially adversely effect (A) Tenant’s access to and adversely impair from the Premises, (B) the visibility of Tenant’s sign on, and visibility from, the Premises and (C) Tenant’s ability to conduct its business without interruption. If, as a result of the performance of any of the foregoing actions, Tenant is deprived of the uninterrupted use or occupancy by Tenant of any material portion of the Premises due to circumstances within Landlord’s control such that Tenant is unable to conduct its business therein for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day a period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within longer than five (5) days consecutive business days, the Fixed Rent and other charges payable by Tenant hereunder shall be equitably adjusted. The foregoing sentence shall be Tenant’s sole and exclusive remedy on account of Landlord’s performance of the delivery foregoing actions and shall not apply to casualty or condemnation, which shall be covered elsewhere in this Lease. Landlord will investigate changing/modifying the access to 00 Xxxxxx Xxxxxx by providing a new curb cut to Hayden Avenue closer to the main entrance of the written reminder noticeBuilding. Landlord covenants and agrees that Tenant shall have access to the Premises, including freight and passenger elevators, parking and, upon reasonable prior notice and during business hours, all mechanical and electrical systems located on the new Title Matter floors on which the Premises are located and which serve the Premises, provided that Landlord shall be deemed approvedhave the right to have its representative accompany Tenant to such mechanical and electrical systems, at all times (other than the mechanical and electrical systems), twenty-four (24) hours per day and three hundred sixty-five (365) days per year during the Term, but subject to excusable delay (as provided in Section 8.4) and provided that Tenant shall provide Landlord with advance notice of its need to use the freight elevators and shall schedule the date and time of such use with Landlord (and Landlord agrees to reasonably accommodate the needs of Tenant to use the freight elevators with the needs of other tenants and occupants of the Building).

Appears in 1 contract

Samples: Lease Agreement (Vistaprint LTD)

Premises. Landlord, for Subject to and in consideration of accordance with the rentsprovisions hereof, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant and Tenant hereby leases from Landlord the Premises as designated on Exhibit A. Xxxxxx agrees that, except as expressly stated herein and in the Work Letter, if any, attached to this Lease, no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or any Work Letter attached hereto, upon Xxxxxx agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE LANDLORD’S WORK. Upon Xxxxxx’s taking possession for the purposes of conducting business, the Premises, including all Landlord’s Work, shall be deemed accepted by Tenant. Tenant shall also have the non-exclusive right, subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures)terms hereof, to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein use the Land and Common Areas of the Improvements are referred to collectively as the "Premises"Project. Tenant acknowledges that this Lease the Project is subordinate and subject to (a) all liensor may become an integrated commercial real estate project including the Building, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions the Land and other matters affecting buildings, Common Areas and land. Landlord reserves the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereofright, in effect on its sole discretion, at any time and from time to time, to include the execution Building within a project and/or to expand and/or reduce the amount of this Lease Land and/or improvements of which the Building, the Common Areas, or thereafter promulgated. In Project consists; to alter, relocate, reconfigure and/or reduce the event thatCommon Areas; to temporarily suspend access to portions of the Common Areas, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so as long as the new Title Matter does not materially Premises remain reasonably accessible; and adversely impair to make all changes, alterations, additions, improvements, repairs or replacements to the Building and Building systems, including changing the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas (collectively, “Restorative Work”), as Landlord reasonably deems necessary, and to take all materials into the Premises required for the performance of such Restorative Work. Landlord shall use or commercially reasonable efforts to minimize interference with Xxxxxx's use and occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval during the performance of such Title Matters within ten (10) days after delivery by Landlord Restorative Work. There shall be no Rent abatement or allowance to Tenant for a diminution of such new Title Matter. If Tenant fails rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant's other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to respond within such ten (10) day period and business arising from Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of altering, relocating, reconfiguring, and/or reducing the delivery of the written reminder noticeCommon Areas, the new Title Matter shall be deemed approvedand/or performing any Restorative Work.

Appears in 1 contract

Samples: Lease Agreement (Summit Therapeutics Inc.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liensSublessor leases to Sublessee and Sublessee hires from Sublessor the Premises. The Premises include the appurtenant right to the use, encumbrancesin common with others, deeds of trustthe ground floor reception area and elevator lobby, reservations, covenants, conditions, restrictions the third floor elevator lobby and other matters affecting the Premises ("Title Matters") (i) in effect restrooms located on the Effective Date third floor. Except as may be expressly permitted by this Sublease, Sublessee shall have no right of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant access to this Section 1.1, ("Permitted Encumbrances") and any other portion of the Building. (b) Sublessee acknowledges that it has inspected the Premises, and is thoroughly familiar with its condition. Subject to Sublessor's obligations under Paragraph 3(c) hereof, Sublessee accepts the Premises in its present, improved, "AS IS" condition, with any lawand all latent defects, regulationand Sublessee acknowledges that, ruleexcept for the covenant of Sublessor contained in Paragraph 3(c) hereof, order neither Sublessor nor any of its agents or ordinance representatives has made, and does not hereby make, any representations, warranties, or covenants of any governmental entity applicable kind or character whatsoever with respect to the Premises condition of the Premises, whether express or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgatedimplied. In the event Sublessee agrees that, after except as expressly provided in Paragraph 3(c) hereof, Sublessee has made no promise to alter, remodel, improve, repair or bring into compliance with applicable law any portion of the Effective Date Premises, or any new Title Matters appear portion of record, such matters shall be subject the Building (or common areas within the Building) outside the Premises. Notwithstanding anything to the review contrary in the foregoing, Sublessor agrees to enforce Sublessor's rights and approval of Tenant which approval shall not be withheld so long remedies under the Lease as against Landlord with respect to the new Title Matter does not materially and adversely impair the use or occupancy by Tenant condition of the Premises for its intended purpose. Tenant shall deliver written upon notice to Landlord by Sublessee of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days any defect in the condition of the delivery Premises. (c) Sublessor and Sublessee acknowledge and agree that the square footage of the written reminder notice, Premises noted in this Sublease is final and binding on the new Title Matter shall be deemed approvedparties.

Appears in 1 contract

Samples: Sublease (Preview Travel Inc)

Premises. LandlordSubject to the provisions of this Lease, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon the Suite Spaces as described in the Summary of Basic Lease Information, Section “A”, as outlined on the applicable floor plans therefor attached hereto as Exhibits B-1 through B-5 (collectively, the “Premises”). In connection with such demise and subject to Article 21 herein, Landlord hereby grants to Tenant the terms, covenants and conditions hereinafter set forthnonexclusive right to use during the Term of this Lease, all that certain parcel Common Areas designed for the use of land situated all tenants in the County Building, in common with all tenants in the Building and their invitees, for the purposes for which the Common Areas are designed and in accordance with all Legal Requirements. Landlord reserves the right to make alterations or additions to or to change the location of Riversideelements of the Complex and the Common Areas, so long as the changes do not change the nature of the Complex to something other than a first class office building project or result in an Adverse Condition. Landlord, however, has the sole discretion to determine the manner in which the Common Areas are maintained and operated, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on of the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters Common Areas shall be subject to the review Building Rules and approval Regulations. Tenant acknowledges that Landlord has made no representation or warranty regarding the Complex, Building or Premises or the suitability of the Complex, Building or Premises for Tenant’s intended use of the Premises. By occupying the Premises, Tenant which approval accepts the Premises as being suitable for Tenant’s intended use of the Premises. As used herein, an “Adverse Condition” shall not be withheld so long as the new Title Matter does not materially and adversely impair the mean: (a) a material adverse interference with Tenant’s use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice the use permitted under this Lease; (b) an unreasonable interference with Tenant’s access to Landlord the Premises; (c) other than on a reasonably temporary basis, a reduction of, or material adverse interference with Tenant’s access to, the number of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days Unreserved Passes and/or Reserved Passes set forth in Section “E” of the delivery Summary of Basic Lease Information; or (d) an event which materially increases Tenant’s monetary obligations under this Lease, except for increases in Operating Expenses to the written reminder notice, the new Title Matter shall be deemed approvedextent such increases are otherwise permitted in Section 5.4 below.

Appears in 1 contract

Samples: Lease Agreement (Fusion-Io, Inc.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, (a) Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon for the term and subject to the terms, covenants terms and conditions hereinafter set forthherein, to each and all that certain parcel of land situated in the County of Riversidewhich Landlord and Tenant hereby mutually agree, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") Occupied and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof Unoccupied premises (collectively "ImprovementsPremises", unless otherwise specifically noted), highlighted on Exhibit A attached hereto, which include APPROXIMATELY 35,000 RENTABLE SQUARE FEET OF OCCUPIED PREMISES (the exact square footage and load factor shall be determined by final space plan; said square footage shall not be less than 35,000 square feet). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds The location of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1is commonly known as: 11850 Xxxxxxxx Xx., ("Permitted Encumbrances") and Xxxxxx, XX 00000. (b) any lawTenant shall also have the right herein to lease AN ADDITIONAL APPROXIMATE 15,000 SQUARE FEET OF "UNOCCUPIED PREMISES" as more specifically outlined in Article 4(a)(ii) herein. Finally, regulation, rule, order or ordinance Tenant shall have a "Right of any governmental entity applicable First Refusal" to further add to the Premises or and Unoccupied Premises identified in this Lease, provided that such Right of First Refusal applies only to vacant and unrented space in the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long same building as the new Title Matter does not materially Premises and adversely impair the use or occupancy by further provided that Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond execute within five (5) days business days, of written notice from Landlord, a lease for the additional space containing the same terms and conditions which have been agreed to by the prospective tenant other than Tenant (Advanta). (c) For purposes of this Lease, the Premises shall be measured in accordance with the Building Owners and Management Association (BOMA) Method, American National Standard (ANSI Z65.1-1980, reaffirmed 1989) of floor measurement. Landlord shall provide, upon Tenant's request, the calculations which show how the Total Rentable Area of the delivery Building and Rentable and Useable Area of the written reminder noticePremises were derived. (d) In addition, the new Title Matter Premises shall include the appurtenant right to use, in common with others, the site, parking and landscaped areas. Landlord shall provide Tenant 6 NON-RESERVED PARKING STALLS PER 1,000 RENTABLE SQ. FT. OF OCCUPIED PREMISES (approximately 210 non-reserved parking stalls at the Commencement Date of this Lease) in the adjacent parking lots of the Premises; one (1) of the above parking stalls to be deemed approvedreserved stalls per each 4,500 square feet of Occupied Premises designated by Tenant.

Appears in 1 contract

Samples: Lease (Advanta Corp)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon for the term and subject to the terms, covenants and conditions hereinafter set forth, to all that certain parcel of which Landlord and Tenant hereby agree, (a) the land situated described in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")A hereto, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures easements and other property appurtenances thereto (except Tenant's trade fixturesthe "Land), to be installed (b) all improvements now or hereafter located thereon and all additions, alterations and replacements thereof on the Land (collectively the "Improvements"). Herein , including the two buildings described in the Basic Lease Information, (c) all of Landlord's right, title and interest in and to all fixtures and heating, ventilating, air conditioning, electrical, mechanical, plumbing, life safety and other building systems affixed or attached to the Land and or the Improvements (collectively, the "Equipment"), and (d) all of Landlord's right, title and interest in and to the personal property described on Schedule I attached hereto (the "Personal Property"). The Land, Improvements, Equipment and Personal Property are collectively referred to collectively herein as the "Premises." Landlord hereby grants to Tenant an exclusive license (the ". Tenant acknowledges that this Lease is subordinate and subject License,,) to use the following: (a) all liensthe contracts described on Schedule II attached hereto (the "Contracts"); and the permits described in Schedule III attached hereto (the "Permits"). The License is coupled with an interest, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions irrevocable and other matters affecting the Premises ("Title Matters") (i) assignable or sublicensable by Tenant in effect on the Effective Date connection with any permitted assignment or sublease of this Lease. The License shall automatically terminate, without notice to Tenant, upon the termination of this Lease, whether upon expiration of the Lease term or earlier. Tenant hereby assumes and agrees to perform, at Xxxxxx's sole expense, all obligations of Landlord under the Contracts and Permits during the term of this Lease. Xxxxxx further agrees during the entire term of the License to (x) keep the Contracts in full force and effect, unless Landlord otherwise consents in writing (which consent may be withheld in Landlord's sole discretion), until the expiration of any Contract by its own terms (other than as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1a result of a default by Tenant thereunder), ("Permitted Encumbrances") and (by) any law, regulation, rule, order or ordinance of any governmental entity applicable to keep the Premises or Permits in full force and effect until the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant expiration of the Premises for its intended purposeLease term. Tenant shall deliver written notice to Landlord maintain the Personal Property in good condition and repair, except that Tenant may replace the Personal Property with personal property of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedcomparable quality when consistent with prudent business practices.

Appears in 1 contract

Samples: Commercial Lease (Certified Grocers of California LTD)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord the Premises outlined on the Floor Plan attached hereto, marked Exhibit “A-I”, and incorporated herein by this reference (“Outline of Floor Plan of Premises”). The Premises are located in the Building, which, together with the Parking Areas and three (3) additional two (2)-story office buildings situated adjacent thereto (collectively known as the Ocean Terrace Corporate Center), is located on the parcel or parcels of real property (“Project Site”) outlined on the Project Site Plan attached hereto, marked as Exhibit “A-II”, and incorporated herein by this reference (“Project Site Plan”) (all of which, together with the Building Common Areas and the Project Common Areas, as hereinafter defined, are collectively referred to as the “Project”). The Premises are leased in their “AS-IS” condition in accordance with Article 14; provided however, (i) the Premises will be improved by Landlord with the Tenant Improvements described in the Work Letter Agreement, a copy of which is attached hereto, marked as Exhibit “B” and incorporated herein by this reference (“Work Letter Agreement”); (ii) the Building Systems shall be in good working order and repair as of the Commencement Date to serve the Premises at the levels described in the Standards for Utilities and Services (defined below); and (iii) the Premises shall be in good working order and repair as of the Commencement Date. The Premises are agreed, for the purposes of this Lease, to have approximately the number of Rentable Square Feet designated in Section 1.6, subject to adjustment as described in Section 2.2 below. The parties hereto agree that this Lease is upon and subject to the terms, covenants and conditions hereinafter herein set forth. Each of Landlord and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, all that certain parcel of land situated in the County of Riverside, covenants and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") conditions by it to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") kept and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedperformed.

Appears in 1 contract

Samples: Office Building Lease (Signal Genetics, Inc.)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases hires from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all Landlord that certain parcel of land building (the “Building”) situated in the City of San Xxxx, County of RiversideSanta Xxxxx, State of California, commonly known and designated as 0000 X. Xxxxx Xxxxxx (the “Premises”). For purposes of this Lease, the Building is deemed to contain One Hundred Ten Thousand Eight Hundred Eighty One (110,881) rentable square feet and is located generally as shown on Exhibit “A” attached hereto. Subject to compliance with the rules and regulations promulgated by Landlord from time to time for the Project (if any), Tenant shall be permitted to have access to the entire Premises 24 hours per day, 7 days a week unless such access is prohibited, limited or restricted by any governmental law, ordinance, rule or regulation, damage or destruction or condemnation or due to an emergency. Tenant shall also have the right to use Tenant’s Allocable Share of parking spaces within the Project (defined below) on a nonexclusive basis with other tenants and users of the Project, and State of California delineated on Exhibit "A" attached hereto the nonexclusive right to use all other exterior areas designated by Landlord from time to time as common area (“Common Area”) including but not limited to landscaping, sidewalks, service areas and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined other common facilities. Landlord agrees not to grant parking rights in the Work Letter attached hereto as Exhibit "B" ("Work Letter") Project to any tenants or users of other properties owned by Landlord outside of the Project, it being agree that Project parking shall be constructed solely for the benefit of the Project, subject however to use by Landlord and Landlord’s agents, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvementsemployees, machinerycontractors, equipment, fixtures consultants and other property (except representatives in the exercise of Landlord’s rights or performance of Landlord’s obligations under this Lease. Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that ’s Allocable Share of parking spaces under this Lease is subordinate and subject to (a) all liens, encumbrances, deeds as of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date is three hundred sixty three (363). The Building and Common Area are situated within a project site shared with 1 additional building owned by Landlord commonly known as 0000 X. Xxxxx Xxxxxx, Xxx Xxxx, Xxxxxxxxxx (the “Adjacent Building”), as outlined in Exhibit “A” attached hereto (“Project”). The Adjacent Building is leased by Tenant, as successor in interest by merger to Cavium Networks, Inc., a Delaware corporation (“Cavium Networks”), pursuant to that certain lease dated as of March 17, 2011 between Landlord and Cavium Networks (the “Adjacent Building Lease”). Concurrently with the execution and delivery of this Lease, Tenant shall execute and deliver to Landlord an amendment to the Adjacent Building Lease in the form agreed to by Landlord and Tenant (the “Adjacent Building Lease Amendment”). Notwithstanding the Effective Date inserted in the introductory paragraph of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1above, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as become effective until this Lease and the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery Adjacent Building Lease Amendment have been fully executed by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedTenant.

Appears in 1 contract

Samples: Lease Agreement (Cavium, Inc.)

Premises. LandlordExcept for dumpsters, for neither trash nor any other material or thing shall be stored outside the Premises and in consideration of the rentsstorage in, covenants and agreements hereinafter set forthor use of, hereby leases to above-ground storage tanks is prohibited. Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures may maintain storage trailers and other property similar storage facilities (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (aexcluding tanks) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting on the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity provided such facilities comply with all applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgatedlaws. In the event thatthe Tenant fails to comply with any terms of this paragraph within thirty (30) days written notice of said violation(s), after then Landlord shall, following telephonic notice to Tenant, undertake such steps which are necessary to rectify the Effective Date violation(s) with Tenant being liable for all cost thereof, including any new Title Matters appear penalty or fine(s) associated with said violation(s) and any expenses incurred by Landlord to enforce this provision, whether court costs, attorneys' fees or any other cost of record, such matters shall be subject to the review collection and approval of enforcement. Tenant which approval shall not be withheld so long responsible for correcting conditions on the Premises necessary to comply with the Americans With Disabilities Act ("ADA") or laws relating to health, safety or the environment if such conditions existed as of the new Title Matter does Commencement Date of the Lease and were then not materially in compliance with ADA or laws relating to health, safety or the environment; rather, Landlord shall correct such conditions and adversely impair be obligated to bring the use Premises into compliance with such laws at its sole cost and expense. If the conditions did not exist as of the Commencement Date of the Lease or occupancy did exist, but were then in compliance with laws relating to health, safety or the environment (excluding ADA), Landlord shall nevertheless correct such conditions and be obligated to bring the Premises into compliance with such laws at its sole cost and expense, but may treat such expenses as "Operating Expenses," to be passed through to Tenant, provided however, that the cost of correction of such conditions shall be amortized over the useful life thereof, together with interest at the actual interest rate incurred by Landlord in connection with such cost of correction, and only that portion attributable to any one Lease year shall be chargeable to Tenant as an Operating Expense in that Lease year, and payable by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten thirty (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (530) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedreceiving an invoice therefor.

Appears in 1 contract

Samples: Lease Agreement (Mapquest Com Inc)

Premises. Landlord, for and in consideration That part of the rentsBuilding outlined on the attached Plan showing the Premises, covenants called Suites 175, on the first floor of the Building and agreements hereinafter set forthSuites 200 and 275, hereby on the second floor of the Building, including all tenant improvements made by Landlord pursuant to the attached Work Letter. Subject to existing rights under leases to Tenant and Tenant hereby leases from Landlordof space inn the Building as of the date hereof, upon and subject to renewals of leases or extensions of terms of leases of existing tenants of the terms, covenants and conditions Additional Office Space (as hereinafter set forth, all that certain parcel of land situated defined) in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements sole discretion, if at the date of any notice required herein, this Lease shall be in fall force and effect and Tenant. named heroin shall be in occupancy of the entire Premises and shall not be in default of any of the provisions of this Lease, Landlord shall, at such time as defined in the Work Letter attached hereto as Exhibit "B" Landlord first submits a lease proposal ("Work Letter"Proposal) to be constructed by Landlorda specific bona fide prospective tenant for any portion (or all) of additional office space on the 2nd floor of the Building, including an approximately three hundred thirty thousand (330,000) square foot building (indicated as "Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein Additional Office Space" on the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting attached Plan showing the Premises ("Title Matters") (i) the space delineated in effect on the Effective Date of this Lease Proposal is referred to as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1Refusal Space), ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by notify Tenant of the Premises for its intended purposeProposal (Landlord's Notice). Tenant shall deliver written may lease all of the Refusal Space upon the terms contained in the Proposal by giving Landlord notice to Landlord of its approval or disapproval of such Title Matters exercise within ten (10) 5 days after delivery by Landlord receipt of Landlord's Notice. Promptly after Tenant exercises this option (but in no event later than 30 days after Landlord's Notice), the parties shall enter into either a supplemental agreement to Tenant this Lease incorporating the Refusal Space as part of such new Title Matterthe Premises or, at Landlord's option, a separate lease agreement. If Anything in this Section to the contrary notwithstanding, this option shall terminate with regard to the Refusal Space if Tenant fails to respond within exercise the option or enter into a supplemental agreement or separate lease (as the case may be) in accordance with this Section, and upon such ten (10) day period termination, Tenant shall have no further right to lease the Refusal Space and Landlord delivers a written reminder notice may contract with any party with respect thereto without any further obligation to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedTenant.

Appears in 1 contract

Samples: Office Lease (Patient Infosystems Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, the Premises, for the Term, at the rental, and upon and subject to all of the terms, covenants terms and conditions hereinafter set forth, all that certain parcel forth in this Lease. The Premises is part of land situated in the County rentable area of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated 000 Xxxxxx Xxxxxx (sometimes referred to herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and is depicted on Exhibit A-2. The Premises comprises approximately 89.6% percent of the Building. The Building shell, the parking garage, and landscaping shall be constructed by Landlord in the manner depicted on Exhibit C hereto ("Initial Building Specifications"). The Initial Building Specifications include, the Building shell, roof, all other improvementsexterior windows and doors, machineryand Building Core (the "Warm Shell") as defined in Exhibit B-1. Landlord agrees to furnish Tenant with an Interior Improvement allowance of Twenty-Five dollars and no/100 ($ 25.00) per square foot of rentable area within the Premises as part of the Building Improvements (e.g., equipment$ 1,255,250.00 if the rentable area within the Premises is 50,210 square feet). This allowance shall be considered Landlord's total monetary contribution with respect to the Interior Improvements, fixtures and other property which allowance shall be used for the payment of the direct cost of constructing the Interior Improvements as generally described in Exhibit B-1 hereto (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "the Interior Improvements"). Herein Landlord shall, at Tenant's sole cost and expense, (providing Landlord meets conditions set forth below in this paragraph) contract with Xxxxx Xxxxx, Inc. to construct the Land and Interior Improvements (as defined in Exhibit B-1 hereto) for the Improvements are referred to collectively as Premises in the manner described in Exhibit B-2 hereto (the "PremisesInterior Improvements"). Tenant acknowledges that this Lease is subordinate and subject retains the right to have an independent contractor provide a detailed competitive bid (aof equal scope) all liens, encumbrances, deeds for the cost of trust, reservations, covenants, conditions, restrictions and other matters affecting constructing the Premises ("Title Matters") (i) in effect on interior improvements. If the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant bid of the Premises independent contractor is 10% below the bid of Xxxxx Xxxxx, Inc. for its intended purposeconstruction of interior improvements the tenant will have the option of using the independent contractor, providing Xxxxx Xxxxx, Inc. will not agree to construct interior improvements for the lower price. Tenant shall deliver written notice be responsible for funding any and all improvements relating to Landlord the Interior Improvements in excess of its approval those costs that are paid for with Landlord's allowance as set forth above. If the total Interior Improvement costs exceed the Landlord's allowance, Tenant shall pay a proportionate share of each progress payment due to the contractor constructing the Interior Improvements, which bears the same relationship to the total amount of the progress payment in question as the amount the Tenant is obligated to pay for the cost of constructing the Interior Improvements. For purposes of illustration only, if the total cost of constructing the interior improvements is $1,300,000.00 then the Tenant's share thereof would be $44,750.00 (the excess over the Landlord's total allowance of $1,255,250.00) or disapproval 3.44% of the total cost. If the first progress payment due the contractor is $100,000 then the Tenant's share of such Title Matters within ten progress payment would be $3,400 (10) days after delivery by Landlord to Tenant or 3.4% of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedpayment).

Appears in 1 contract

Samples: Lease Agreement (Paypal Inc)

Premises. The "Premises" demised by this Lease are to consist initially of that certain building (the "Building") specified in the Basic Lease Information, which Building is to be located in that certain real estate development (the "Project") specified in the Basic Lease Information. If at any time during the Term, Tenant is leasing, in accordance with the terms and conditions of this Lease, less than all of the Building, the "Premises" shall be deemed to include only that portion of the Building then leased by Tenant pursuant to this Lease. Tenant shall have the non-exclusive right (in common with the other tenants, Landlord and any other person granted use by Landlord) to use the Common Areas (as hereinafter defined), except that, with respect to parking, Tenant shall have only a license to use the number of non-exclusive and undesignated parking spaces set forth in the Basic Lease Information in the Project's parking areas (the "Parking Areas"); provided, however, Landlord shall use commercially reasonable efforts to enforce Tenant's right to use such parking spaces. No easement for light or air is incorporated in the Premises. For purposes of this Lease, the term "Common Areas" shall mean all areas and facilities outside the Premises and within the exterior boundary line of the Project that are from time to time provided and designated by Landlord for the non-exclusive use of Landlord, for Tenant and in consideration other tenants of the rentsProject and their respective employees, covenants guests and agreements hereinafter set forthinvitees. Landlord shall cause the construction of the Base Building Improvements in accordance with the terms and conditions of the Base Building Construction Agreement attached hereto as Exhibit A. Additionally, hereby leases Tenant shall cause the construction of certain tenant improvements in the interior of the Premises in accordance with the terms and conditions of the Premises Construction Agreement attached hereto as Exhibit B. Except as otherwise provided in the last sentence of this Paragraph, Landlord has the right, in its sole discretion, from time to time, to: (a) make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces (provided, however, Landlord shall not have the right, except as otherwise provided herein, to reduce the total number of parking spaces below the number allocated to Tenant in the Basic Lease Information) parking areas, ingress, egress, direction of driveways, entrances, corridors and Tenant hereby leases from Landlord, upon and subject walkways; (b) close temporarily any of the Common Areas for maintenance or construction purposes so long as reasonable access to the termsPremises remains available; (c) add additional buildings and improvements to the Common Areas or remove existing buildings or improvements therefrom; (d) use the Common Areas while engaged in making additional improvements, covenants repairs or alterations to the Project or any portion thereof so long as reasonable access to the Premises remains available; and conditions hereinafter set forth(e) do and perform any other acts or make any other changes in, all that certain parcel of land situated to or with respect to the Common Areas and the Project as Landlord may, in the County of Riversideits sole discretion, deem to be appropriate. Notwithstanding (a), and State (c) above, Landlord shall make no material changes or add additional buildings or material improvements to any portion of California delineated the Common Areas described on Exhibit "A" attached hereto and incorporated herein ("Land")the Site Plan, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by LandlordBase Building Construction Agreement, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except without obtaining Tenant's trade fixtures)consent, to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval consent shall not be withheld so long unreasonably withheld, conditioned or delayed; provided, however, such consent shall not be required if any change or addition is required or requested by a governmental agency having jurisdiction over the Project or as the new Title Matter does not materially and adversely impair the use or occupancy required by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedlaw.

Appears in 1 contract

Samples: Lease Agreement (Corgentech Inc)

Premises. LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, for and in consideration of the rentsother terms, provisions and covenants and agreements hereinafter set forthhereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon certain premises to be comprised of approximately 61,380 rentable square feet (the "Premises") in a building to be constructed by Landlord (the "Building") and subject to situated on certain land (the terms"Land") in Morrisville, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of RiversideWake, and State of California delineated North Carolina, more particularly described on Exhibit "A" , attached hereto and incorporated herein ("Land")by reference, together with those certain Landlord's Improvements as defined all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Work Letter Premises. A floor plan of the Building and the Premises shall be attached hereto and made a part hereof as Exhibit "B" B. The measurement of the Premises shall be conducted in accordance with BOMA standards, 1996 edition, currently applicable for a Class A office building comparable to the Building. Any upfit performed by Landlord to prepare the Premises for occupancy by Tenant shall be conducted in a good and workmanlike manner and in accordance with all laws, statutes, and regulations, and Landlord shall warrant the construction of the improvements for a period of one year from the Commencement Date. The taking of possession by Tenant shall be deemed conclusively to establish that each portion of the Premises and any improvements thereto are in good and satisfactory condition as of the date Tenant commenced occupancy of that portion of the Premises, except for latent defects and punchlist items. Tenant and Landlord shall complete a punchlist of items requiring repair that are the responsibility of Landlord within thirty ("Work Letter"30) days of the Commencement Date. Tenant further acknowledges that no representations as to be constructed 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, including an approximately three hundred thirty thousand execute and deliver to Landlord a letter of acceptance of delivery of the Premises, acknowledging the Commencement Date. All construction of the Premises shall be performed by Landlord in accordance with the schedule, plans and specifications for the Premises (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are herein referred to collectively as the "PremisesPlans") which Plans are subject to the mutual and reasonable approval of Landlord and Tenant, a preliminary copy of which is attached hereto and made a part hereof as Exhibit C. Construction of the Premises shall proceed in accordance with the Building Design and Construction Schedule attached hereto and made a part hereof as Exhibit C-1. The components of the Shell Building shall be as set forth in Exhibit C-2, attached hereto and made a part hereof. The components of the Building Upfit shall be as set forth in Exhibit C-3, attached hereto and made a part hereof. Tenant acknowledges shall review the Plans to provide its input with respect to all aspects of the Plans, including, but not limited to, the specific needs of Tenant with respect to Heating, Ventilation and Air Conditioning and other Building systems, and Landlord shall act reasonably to accommodate the specific needs of Tenant with respect to the Building systems. Notwithstanding the above, Landlord and Tenant agree that this Lease is subordinate a formal construction schedule and final Construction Drawings and Specifications, upon the completion of such documents by Landlord, Landlord's architectural and engineering service providers, and other such parties and further subject to the mutual and reasonable approval of such documents by Landlord and Tenant, will replace the contents of Exhibit C for purposes of controlling the actual construction of the Premises; and such formal construction schedule and final Construction Drawings and Specifications shall replace Exhibit C by means of a lease amendment between Landlord and Tenant. The base rent delineated in Paragraph 2(a) includes the costs of the Shell Building, currently estimated to be Ninety-Four and 35/100 Dollars (a$94.35) all liens, encumbrances, deeds per rentable square foot of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises (the "Title MattersShell Allowance"). Should the actual costs of the Shell Building (together with the reduced or increased financing costs and commissions of the Landlord) be different than the Shell Allowance, the base rent due hereunder shall be increased or decreased accordingly by multiplying the difference between the actual cost thereof and the Shell Allowance by a factor of Ten and 85/100 Percent (10.85%), as reasonably determined by Landlord. The base rent delineated in Paragraph 2(a) also includes a contribution by the Landlord of Ninety-Two and 14/100 Dollars ($92.14) per rentable square foot of the Premises to be applied to the Building upfit, as set forth in Exhibit C-2 (the "Upfit Allowance"). Further, Landlord has agreed to permit Tenant to increase the Upfit Allowance by up to an additional Twelve and 86/100 Dollars ($12.86) per Rentable Square Foot of the Premises to satisfy Tenant's interior finish requirements, as reasonably approved by Landlord (the Additional Upfit Allowance"). At the option of Tenant, any portion or all of the Additional Upfit Allowance used by Tenant to complete the upfit shall be amortized over the term of the Lease with interest at the rate of eleven percent (11%) per annum and repaid by Tenant in equal monthly installments together with its payment of base rent hereunder. Should for any reason the upfit costs for the Premises be greater than a total of One Hundred Five and NO/100 Dollars ($105.00) per rentable square foot (the "Maximum Upfit Allowance"), such excess (the "Excess") shall be borne by Tenant and payable by Tenant to Landlord within thirty (i30) days of demand by Landlord to Tenant. Failure by Tenant to pay the Excess upon demand as aforesaid is an event of default hereunder and, in effect on addition to all other remedies available to Landlord at law, or in equity for such event of default, Landlord may recover from Tenant the Effective Date cost it incurs in preparing the Premises for another tenant. Should the upfit costs for the Premises be less than the Upfit Allowance, Tenant shall be allowed to upgrade the improvements to the Premises, as reasonably approved by Landlord, to fully utilize the entire Upfit Allowance; or Tenant may elect to have Landlord apply the unused Upfit Allowance (together with the reduced financing costs and commissions of this Landlord), multiplied by the amortization constant for eleven percent (11%) per annum to reduce the base rent due hereunder, proportionately over the entire Lease Term, all as specified reasonably determined by Landlord and Tenant. Additionally, in Exhibit "C" attached hereto and incorporated herein the event that Tenant shall not utilize all the Upfit Allowance or all or any part of the Additional Upfit Allowance, Tenant shall have the right to apply such unused monies towards the costs of upfitting the Premises subsequent to completion of the initial improvements ("Preliminary ReportDeferred Allowance") or (ii) approved or deemed approved pursuant up to this Section 1.1the Maximum Upfit Allowance, ("Permitted Encumbrances") subject to mutual and (b) reasonable approval of plans and specifications for such improvements by Landlord and Tenant. Tenant's right to the Deferred Allowance shall expire at the end of the second year of the term of the Lease and Landlord shall have no further obligation to provide any law, regulation, rule, order or ordinance improvement allowances of any governmental entity applicable kind during the term of the Lease unless stated otherwise in this Lease. Any Deferred Allowance used by Tenant shall be amortized over the term of the Lease remaining at the time of completion of such improvements, with interest at the rate of eleven percent (11%) per annum (the "Amortization Constant"), and repaid by Tenant in equal monthly installments together with its payment of base rent hereunder. Landlord shall act reasonably to allow Tenant reasonable access to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject at least thirty days prior to the review Commencement Date to install its furniture, telephone and approval of computer systems, and other special Building systems. Tenant which approval shall covenants and agrees to conduct its actions in such a manner to not be withheld so long as disturb the new Title Matter does not materially and adversely impair the use or occupancy preparation by Tenant Landlord of the Premises for its intended purposeoccupancy by Tenant. Upon the entry by Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of onto the delivery of the written reminder noticePremises, the new Title Matter this Lease shall be deemed approvedto apply with respect to the requirements that Tenant carry the insurance policies required under this Lease, and that Tenant shall indemnify, defend and hold harmless Landlord in accordance with the provisions of this Lease, as provided in Sections 10 and 11 hereof.

Appears in 1 contract

Samples: Lease Agreement (Pharmaceutical Product Development Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Lessor hereby leases to Tenant Lessee, and Tenant hereby Lessee leases from LandlordLessor, for the term, at the rental and upon and subject to all the termsconditions set forth herein, covenants and conditions hereinafter set forth, all that certain parcel of land real property situated in the County of RiversideMaricopa, State of Arizona, commonly known as ABCO/43RD AVE. DISTRIBUTION BLDG, PH II, Phoenix, Arizona, and State described as an approximate 171,187 square feet of California delineated on Exhibit to be constructed multi-tenant industrial space, together with certain improvements to be constructed therein at Lessor's sole cost and expense, (see Exhibits "A" through "E" attached hereto hereto). Office improvements are to be constructed by Lessor at its sole cost and incorporated herein ("Land")expense, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as shown on Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot attached hereto. The building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land tenant improvements and the Improvements parking lot improvements are hereinafter collectively referred to collectively as "Tenant Improvements." Lessor hereby agrees to use its best efforts to complete the "Premises"premises for Tenant fixturization by July 15, 1990. Tenant acknowledges that this Lease The building is subordinate and subject to located at 0000 X. 00xx Xxxxxx, Xxxxxxx, Xxxxxxx (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in see Exhibit "C" attached hereto for legal description), hereinafter referred to as the "Real Property". The building shall be in conformity with plans and incorporated herein (specifications that have been, or will be, approved jointly by Lessor and by Lessee. Lessee shall have designated and/or defined exclusive use of specific parking facilities on the Real Property, as reflected on Exhibit "Preliminary ReportD") or (ii) approved or deemed approved pursuant to this Section 1.1. The square footage of the building space being leased under the terms hereof, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable is approximately 81,514 square feet. Any improvements to the Premises or the use or occupancy thereofPremises, in effect on addition to the execution Tenant Improvements described above, which may be desired by Lessee from time to time during the Term of this Lease Lease, as may be extended, shall be constructed or thereafter promulgatedinstalled by Lessor if requested by Lessee, and provided that Lessor agrees to do so. In the event thatLessor agrees to construct or install such improvements, after the Effective Date any new Title Matters appear all costs of record, such matters construction and/or installation shall be subject paid by Lessee to Lessor at such times, and in such amounts as may be reasonably agreed to by Lessor and Lessee. Such real property, including land and improvements, and the review and approval of Tenant which approval shall not be withheld so long parking facilities, as above described, are hereafter called "the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedPremises".

Appears in 1 contract

Samples: Lease (Schein Pharmaceutical Inc)

Premises. Landlord, for and in consideration 1.1 Subject to all of the rents, covenants terms and agreements conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord the premises outlined on Exhibit B to this Lease, upon comprised of approximately 137,524 rentable square feet consisting of approximately 121,582 rentable square feet of office/laboratory space on floors seven through eleven and subject to 15,942 rentable square feet of vivarium on Level B1 (the terms, covenants and conditions hereinafter set forth"Premises"), all that certain parcel of land situated in the County of Riverside, and State of California delineated building commonly known as Ninth & Stewart Lifesciences Building (the "Building"). The land described on Exhibit "A" attached hereto and incorporated herein Xxxxxxt A to this Lease (the "Land")) and all improvements thereon and appurtenances on that land thereto, together with those certain including, but not limited to, the Building, access roadways, and all other related areas, shall be collectively hereinafter referred to as the "Building Complex." 1.2 Upon Landlord's Improvements written approval of the Final Working Drawings for the Premises pursuant to Exhibit B and for reconfirmation again within fifteen (15) days after the Commencement Date and again within fifteen (15) days after any event pursuant to which the Premises or Building Complex are expanded or contracted for any reason during the Lease Term including, without limitation, exercise by Tenant of the Right of First Opportunity pursuant to Article 55 below, partial casualty or partial condemnation, Landlord's architect shall calculate and certify in writing to Landlord and Tenant the rentable area of the Premises and Building Complex. If Landlord's architect determines that the rentable area of the Premises or the Building is different from that stated in this Lease, rent that is based on rentable area (including Tenant's Share and the Tenant Improvement Allowance (as defined in the Work Letter attached hereto Agreement) shall be recalculated in accordance with that determination. On the recalculation of rent as Exhibit "B" ("Work Letter") provided in this Section 1.2, the parties shall execute an amendment to this Lease stating the recalculated rent. Execution of that amendment shall not be constructed by a condition precedent to the effectiveness of the recalculated rent. Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except 's architect shall consult with Tenant's trade fixtures), architect with respect to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds remeasurement of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.11.2 and Tenant shall have the right to have Tenant's architect present during such recalculation and shall also have the right to review the basis and methodology for such remeasurement. Unless Tenant's architect or Tenant provides written notice to Landlord outlining in reasonable detail its objections to Landlord's architect's determination of rentable area within twenty (20) business days after notice of that determination to Tenant, ("Permitted Encumbrances") Landlord's architect's determination of rentable area shall be conclusive and (b) binding on Tenant and Tenant shall not have any law, regulation, rule, order or ordinance of any governmental entity applicable other right to remeasure the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgatedPremises. In the event thatTenant timely objects to Landlord's architect's determination, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approved.Landlord's

Appears in 1 contract

Samples: Lease Agreement (Corixa Corp)

Premises. LandlordSubject to the terms and conditions of this Amendment, for and in consideration effective as of the rentsRenewal Term Commencement Date, covenants and agreements hereinafter set forththe Premises shall be expanded to include that portion of the First Floor Space, hereby leases to Tenant and Tenant hereby leases from Landlordconsisting of approximately 17,006 rentable square feet, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated as shown on Exhibit "A" attached hereto and incorporated herein made a part hereof ("Land"the “Expansion Premises”). Commencing on the Renewal Commencement Date, together the Premises shall consist of the original Premises and the Expansion Premises with those certain Landlord's Improvements as defined an aggregate area of approximately 47,736 rentable square feet. Notwithstanding the actual area of the Expansion Premises, Sublandlord and Subtenant agree that the rentable square footage of the Expansion Premises set forth herein, which is approximately one-half ( 1/2) of the rentable square footage of the First Floor Space pursuant to the measurements set forth in the Work Letter attached hereto Master Lease, shall be a fair and reasonable approximation of the area of the Expansion Premises until such time as Exhibit "B" the Expansion Premises may be demised from the Remainder First Floor Space; provided that upon any demise of the Expansion Premises from the Remainder First Floor Space Subtenant shall be permitted to measure the Expansion Premises in accordance with Section 4 below. Subtenant shall not use or occupy, or permit any of its employees, subtenants or invitees to use or occupy, any of the Remainder First Floor Space as a part of Subtenant’s business or operations in the Expansion Premises at any time during the Term without Sublandlord’s prior written approval in each instance; and in the event that Sublandlord reasonably determines that Subtenant or any of its employees, subtenants or invitees is using or occupying any of the Remainder First Floor Space in a manner that is inconsistent with such space being maintained separate from the Expansion Premises, Sublandlord may provide Subtenant with written notice of such determination and the reasons therefor; provided, however, that Sublandlord shall not be required to deliver more than one such notice during the Renewal Term. Upon the second event of such unauthorized use of the Remainder First Floor Space, or if Subtenant fails to terminate such unauthorized use within three ("Work Letter"3) days following its receipt of the Sublandlord’s written notice, Subtenant shall be immediately obligated to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) pay Monthly Rent for the entire Remainder First Floor Space at the applicable Monthly Rent per rentable square foot building ("Building") set forth in Section 6 below, without any right to continue such occupancy or use; and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges further provided that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the such use or occupancy thereofmay, in effect on the execution of this Lease or thereafter promulgated. In the event thatSublandlord’s discretion be treated as a Subtenant default, after the Effective Date any new Title Matters appear of record, such matters shall be subject to Subtenant’s applicable cure rights and to all of Sublandlord’s rights and remedies under the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedSublease.

Appears in 1 contract

Samples: Sublease (Provide Commerce Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant the Premises, but excluding the Common Area (as herein defined), and any other portion of the Land, Property and/or the Project. Tenant (i) ACCEPTS THE PREMISES “AS-IS,” EXCEPT FOR THE LANDLORD WORK AND OTHERWISE AS EXPRESSLY PROVIDED HEREIN, WITH TENANT ACCEPTING ALL DEFECTS, IF ANY; AND LANDLORD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (WITHOUT LIMITATION, LANDLORD MAKES NO WARRANTY AS TO THE HABITABILITY, FITNESS OR SUITABILITY OF THE PREMISES FOR A PARTICULAR PURPOSE, NOR AS TO COMPLIANCE WITH ANY APPLICABLE LAWS (AS HEREIN DEFINED), OR AS TO THE ABSENCE OF ANY TOXIC OR OTHERWISE HAZARDOUS MATERIALS), (ii) acknowledges that the Premises are acceptable for Tenant’s use, and (iii) except as expressly provided herein, waives all claims of defect in the Premises and any implied warranty that the Premises are suitable for Tenant’s intended purposes. Tenant hereby acknowledges that the area of the Premises, the Building and the Project set forth in the Basic Lease Information is approximate only, and Tenant hereby leases from Landlord, upon accepts and subject agrees to be bound by such figures for all purposes in this Lease. Notwithstanding anything to the termscontrary contained in this Section 2.1, Landlord hereby covenants and conditions hereinafter set forththat, on the date of Substantial Completion of Landlord’s Work, the Landlord’s Work shall be in a condition that meets all that certain parcel of land situated in current Applicable Laws as then interpreted, including, without limitation, the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ADA ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixturesSection 2.2 below), to and the Premises shall otherwise be installed or located thereon vacant and all additionsbroom clean, alterations and replacements thereof the structural portions of the roof of the Premises shall be in good condition and repair (collectively "Improvements"collectively, the “Required Delivery Condition”). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges If it is determined that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use Common Areas were not in the Required Delivery Condition, the validity of this Lease shall not be affected or occupancy thereofimpaired thereby, Landlord shall not be in effect on default under the execution terms of this Lease or thereafter promulgated. In the event thatbe liable to Tenant for any damages therefor, after the Effective Date any new Title Matters appear of record, such matters nor shall Tenant be subject permitted to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use nullify delivery or occupancy by Tenant acceptance of the Premises for its intended purpose. or be entitled to abatement of any of Tenant’s obligations under this Lease, but as Tenant’s sole remedy, Landlord, at no cost to Tenant, shall perform such work or take such other action as may be necessary to place the same in the Required Delivery Condition; provided, however, that if Tenant shall deliver written does not give Landlord notice to Landlord of its approval or disapproval any deficiency in the Required Delivery Condition within one (1) month following the Commencement Date, correction of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter deficiency shall be deemed approved.governed by the parties’ respective maintenance and repair obligations set forth in this Lease

Appears in 1 contract

Samples: Single Tenant Industrial Triple Net Lease (GenMark Diagnostics, Inc.)

Premises. Landlord, for (a) Tenant has requested and in consideration Landlord has agreed to an expansion of the rentsPremises (collectively, covenants the "Expansion Space") to include the addition of (i) approximately 8,427 rentable square feet on the second floor of the Building known as Suite 200, and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated (ii) approximately 2,863 rentable square feet known as Suite 30 in the County building known as the Receiving Room. A floor plan of Riverside, and State of California delineated on Exhibit "A" the Expansion Space is attached hereto and incorporated herein made a part hereof as Exhibit A. (b) The term of the Lease for the Expansion Space shall commence upon the date that the Expansion Space is substantially complete (as evidenced by a certificate of occupancy issued by the City of Durham and certification of substantial completion by the Architect), which it is estimated shall occur on September 1, 2015 (the "LandExpansion Commencement Date"), together with those certain Landlord's Improvements as defined in and shall terminate on the Work Letter attached hereto as Exhibit revised Termination Date. On the Expansion Commencement Date, the term "BPremises" ("Work Letter") to be constructed by Landlordunder the Lease shall include the Expansion Premises, including an approximately three hundred thirty thousand (330,000) square foot building (and the term "Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedto include the Receiving Room Building. Notwithstanding the foregoing, upon Tenant's request and within a reasonable timeframe thereafter, Landlord shall advise Tenant if a portion of the Expansion Space (the "Early Portion") may be occupied by Tenant before the entirety of the Expansion Space is completed and Tenant shall advise Landlord if it desires to occupy the Early Portion. Early occupancy of the Early Portion shall not trigger the Expansion Commencement Date or the Expansion Rent Abatement (as defined herein) and for such occupancy, Tenant shall pay an equitable portion of the Base Rent based upon the then current rate for the Premises, and any other charges for the Early Portion (including increased charges for Operating Expenses based upon the increased Tenant's Proportionate Share), with Landlord and Tenant negotiating reasonably and in good faith to determine such charges based on the square footage of the Early Portion and the number of days Tenant occupies the Early Portion for the conduct of its business prior to the actual Expansion Commencement Date at which time, Tenant shall pay the Base Rent set forth in the Landlord's Notice (as defined herein). (c) Effective upon the Expansion Commencement Date, Tenant's Proportionate Share of the Xxxxxxx A Warehouse Building shall be 32.32431 percent, Tenant’s Proportionate Share of the Receiving Room / Prizery Building shall be 8.41119 percent, and Tenant’s Proportionate Share of the Project shall be 22.82741 percent.

Appears in 1 contract

Samples: Lease Agreement (Precision Biosciences Inc)

Premises. Landlord, for Subject to and in consideration with the benefit of the rentsprovisions of this Lease, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon the Rentable Floor Area of Tenant’s Space in the Building (hereinafter, the “Tenant’s Space”), together with the appurtenances described below and in Section 10.14 of this Lease. Tenant’s Space, as the same may be expanded in accordance with Exhibit C or reduced in accordance with Section 10.22, together with such appurtenances, is hereinafter collectively referred to as “the Premises”. Tenant shall have, as appurtenant to the Premises, the right to use, in common with other tenants of the Building, the area shown as “Building Parking Area” on the plan attached hereto as part of Exhibit A, 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 (including, but not limited to, other tenants of the Building), 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 part of 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 in the Building or at the Park (the “Common Areas”), including, without limitation, the duct shafts, electrical and common risers, main electrical and furnace room, restrooms, fitness center, cafeteria, elevator(s), atriums, loading dock, dumpster and the Common Areas shown on the Plan of the Park attached hereto as Exhibit A, as such Common Areas may be altered or modified by Landlord from time to time during the Term hereof, it being understood and agreed that any alterations 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 may not be unreasonably withheld or delayed (unless there is a material interference with Tenant’s use and operation of its business thereon, whereupon approval may be withheld in Tenant’s sole direction); (b) all rights to access, all service areas, all loading 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 created in or conveyed by the deed to Landlord, if any, (f) all means of access to and from the Building to the Common Areas, including, without limitation, all sidewalks, roads, driveways and the like, and (g) all utility lines, electricity, water and sewage disposal. Landlord agrees to maintain continuous food service and a fitness center at the Building during the entire Term. Landlord reserves the right from time to time, without unreasonable interference with Tenant’s use, and subject to the termspreceding paragraph, covenants to install, repair, replace, use, maintain and conditions hereinafter set forthrelocate for service to the Premises and to other parts of the Building or either, all that certain parcel of land situated building service fixtures and equipment wherever located in the County of RiversideBuilding, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to provided that: (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions any substitutions are equivalent or better quality and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") capacity and (b) such fixtures and equipment are placed above Tenant’s ceilings, behind its walls and below its flooring. In connection therewith, Landlord agrees to provide Tenant with prior reasonable notice before any lawsuch entry into the Premises and to repair any and all damage resulting therefrom, regulation, rule, order or ordinance of any governmental entity applicable restoring the Premises to the Premises or the use or occupancy thereof, substantially similar condition it was in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date prior to any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedentry.

Appears in 1 contract

Samples: Lease Agreement (Aspen Technology Inc /De/)

Premises. LandlordLessor, for and in consideration of the rents, covenants covenants, and agreements hereinafter set forthherein contained on the part of Lessee to be paid, kept, and performed, does hereby leases to Tenant lease, rent, let, and Tenant demise unto Lessee, and Lessee does hereby leases take, accept, hire, and lease from LandlordLessor, upon and subject to the terms, covenants and conditions hereinafter set forthexpressed, all that certain parcel the Premises (as described in and shown on Exhibit A) for the sole and exclusive purpose of land situated in conducting the County of RiversidePermitted Use and designing, constructing, operating, maintaining, repairing, and State of California delineated on Exhibit "A" attached hereto and incorporated herein expanding the Permitted Improvements. Appurtenant to the Premises is the non-exclusive right, subject to the terms set forth herein, to investigate ("Land"including any subsurface geotechnical investigation), together with those certain Landlord's Improvements as defined improve, modify, and use the access areas described in Exhibit A and Exhibit B, for pedestrian and vehicular access to and egress from the Work Letter attached hereto as Exhibit "B" ("Work Letter") Premises plus the right to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), construct electric interconnection lines to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein connect the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to Solar Energy Facility (a) all liensto the facilities of Lessor such that the Solar Energy Facility or each unit thereof qualifies as a single Solar Net Metering Facility or separate Solar Net Metering Facilities, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) to National Grid or another Host Customer, in the event of a termination of the Net Metering Sales Agreement due to default of Lessor. The Premises, which shall include the Lease Area, Access Easement Area, Construction Easement Area, and Utility Easement Area, and the appurtenant rights are demised subject to the following: a. any lawencumbrances shown on the survey of the Premises; b. covenants, regulationrestrictions, ruleeasements, order or ordinance agreements, and reservations, as set forth in Exhibit A; c. present and future zoning laws, ordinances, resolutions, and regulations of the municipality in which the land lies, and all present and future ordinances, laws, regulations, and orders of all boards, bureaus, commissions, and bodies of any governmental entity applicable to municipal, county, state, or federal authority, now or hereafter having jurisdiction, so long as they permit or otherwise regulate the use of the Premises for the Permitted Use (provided that Lessor shall not restrict or encumber the use or occupancy thereof, in effect Premises for the Permitted Use after the Effective Date); d. the condition and state of repair of the Premises as the same may be on the execution of this Lease Effective Date; e. all water charges, electric charges, and sewer rents, accrued or thereafter promulgated. In the event thatunaccrued, fixed or not fixed, from and after the Effective Date arising as a result of the construction and operation of the Solar Energy Facility, the Permitted Improvements, or any new Title Matters appear of recordother appurtenant facilities or improvements associated with the Permitted Use; and f. full compliance by the Lessee with all Applicable Legal Requirements (provided, such matters shall be subject to the review and approval of Tenant which approval however, that Lessor shall not be withheld so long as the new Title Matter does not materially and adversely impair the use restrict or occupancy by Tenant of otherwise encumber the Premises for its intended purposethe Permitted Use after the Effective Date). Tenant shall deliver written notice Exhibit A attached to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days this Agreement as of the delivery Effective Date includes the Parties’ initial approximation of the written reminder notice, the new Title Matter Premises. Lessee shall be deemed approvedpermitted to replace Exhibit A with an updated description of and drawings indicating the Premises before commencement of installation work on the Solar Energy Facility.

Appears in 1 contract

Samples: Site Lease Agreement

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord for the term, at the rental, and upon and subject to all of the termsconditions set forth herein, covenants and conditions hereinafter set forth, all that certain parcel of land real property situated in the County of RiversideLos Angeles, and State of California delineated California, commonly known as 00000 Xxxxxx Xxxx., Xxxxxx, Xxxxxxxxxx and described as the portion containing 96,372 square feet of the building located on the property shown on Exhibit "A" hereto, said 96,372 square feet herein referred to as the "Premises," and cross-hatched on Exhibit "A" attached hereto hereto, including rights to the Common Areas as hereinafter specified but not including any rights to the roof of the Premises (except as otherwise specifically provided in paragraphs 2.9 or 53 of this Lease) or to any Building in the Industrial Center. The actual size of the Premises is subject to measurement, as provided herein, and incorporated herein the foregoing statement as to the size of the Premises shall not be binding on the parties until the confirmation thereof after measurement of the size of the Premises. The area of the Premises includes approximately 8,000 square feet of an existing mezzanine structure (the "LandExisting Mezzanine"). Tenant shall, together in compliance with those certain Landlord's Improvements as defined the terms and conditions in the Work Letter attached hereto as Exhibit "BD" hereto (the "Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof construct an additional mezzanine within the Premises (collectively the "ImprovementsMezzanine Expansion"). Herein the Land The Mezzanine Expansion and the Improvements other tenant improvements constructed by Tenant pursuant to the Work Letter are referred to collectively herein as the "Tenant Improvements." The rent and any other charges payable by Tenant shall not be increased as a result of that construction, the Mezzanine Expansion shall not be considered in determining Tenant's Share of Operating Expense, as the intent of the Parties is that Tenant shall not, during the initial or extension terms, pay rent or increased rent for or on account of the Mezzanine Expansion. The Premises are a portion of a building, herein referred to as the "Building." The Premises, the Building, the Common Areas, the land upon which the same are located, along with all other improvements thereon, are herein collectively referred to as the ". Industrial Center." Tenant acknowledges that this Lease is subordinate and shall be granted access to the Building, the Tenant's Parking Area (as defined below) twenty-four (24) hours per day, seven (7) days per week, every day of the year, subject to temporary interruptions for maintenance and repairs. The Premises includes the space identified on Exhibit "A" as the "Excess Space." The Excess Space contains approximately 1,300 square feet of area. Even though the Excess Space forms a physical part of the Premises, the area of the Excess Space shall be ignored in determining (a) all liensthe area of the Premises, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any lawthe Base Rent, regulation(c) Tenant's Share of Operating Expenses, rule, order or ordinance of any governmental entity applicable to and (d) the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgatedFair Market Rental Rate. In addition, the event that, after additional <PAGE> -1- utility or rental value provided by the Effective Date any new Title Matters appear presence of record, such matters additional dock high loading doors in the Excess Space shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedignored in determining Fair Market Rental Rate.

Appears in 1 contract

Samples: Lease (Esterline Technologies Corp)

Premises. Landlord(a) The Premises demised by this Lease is located in that certain building (the "Building") specified in the Basic Lease Information, for which Building is located in that certain real estate development (the "PROJECT") specified in the Basic Lease Information. The Premises has the address and contains the square footage specified in consideration the Basic Lease Information. The approximate location and dimensions of the rentsPremises are depicted on EXHIBIT A, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" which is attached hereto and incorporated herein ("Land")by this reference; provided, together with those certain Landlord's Improvements however, that any statement of square footage set forth in this Lease. or that may have been used in calculating any of the economic terms hereof, is an approximation which Landlord and Tenant agree is reasonable and, except as defined expressly set forth in the Work Letter attached hereto as Exhibit "B" ("Work Letter"Paragraph 4(c)(3) to be constructed by Landlordbelow, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located no economic terms based thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to revision whether or not the review actual square footage is more or less. Tenant shall have the non-exclusive right (in common with the other tenants, Landlord and approval any other person granted use by Landlord) to use the Common Areas (as hereinafter defined), except that, with respect to parking, Tenant shall have only a license to use the number of Tenant which approval exclusive and designated parking spaces (the "EXCLUSIVE PARKING SPACES") and non-exclusive and undesignated parking spaces set forth in the Basic Lease Information in the Project's parking areas (the "PARKING AREAS"); provided, however, that Landlord shall not be withheld so long as required to enforce Tenant's right to use such parking spaces; and, provided further, that the new Title Matter does not materially and adversely impair number of parking spaces allocated to Tenant hereunder shall be reduced on a proportionate basis in the use or occupancy by Tenant event any of the parking spaces in the Parking Areas are taken or otherwise eliminated as a result of any Condemnation (as hereinafter defined) or casualty event affecting such Parking Areas. Tenant's Exclusive Parking Spaces shall be located in the area shown on EXHIBIT A-1 hereto. No easement for light or air is incorporated in the Premises. For purposes of this Lease, the term "COMMON AREAS" shall mean all areas and facilities outside the Premises for its intended purpose. Tenant shall deliver written notice to Landlord and within the exterior boundary line of its approval or disapproval of such Title Matters within ten (10) days after delivery the Project that are provided and designated by Landlord to Tenant for the non-exclusive use of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Landlord, Tenant and Tenant fails to respond within five (5) days other tenants of the delivery of the written reminder noticeProject and their respective employees, the new Title Matter shall be deemed approvedguests and invitees.

Appears in 1 contract

Samples: Lease Agreement (Finisar Corp)

Premises. LandlordLessor hereby LEASES unto Lessee, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), Premises together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlordbenefit of, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (aas the case may be) all liensrights, encumbrances, deeds of trust, reservationseasements, covenants, conditions, encumbrances, encroachments and restrictions and other matters affecting of record as of the Premises date of this Lease. Lessor shall have the right, without the necessity of obtaining Lessee's consent thereto or joinder therein ("Title Matters") (i) in effect on but subject to the Effective Date terms of Section 22.3 below), to grant, permit, or enter into during the term of this Lease such additional rights, easements, covenants, conditions, encumbrances, encroachments and restrictions with respect to the Land as specified in Exhibit "C" attached hereto Lessor may deem appropriate, PROVIDED THAT no such rights, easements, covenants, conditions, encumbrances, encroachments or restrictions shall materially adversely affect Lessee's use of the Premises for the Permitted Use. At any time during which Lessee is not the lessee of the entire Building, Lessor hereby reserves the right to maintain, use, repair and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1replace pipes, ("Permitted Encumbrances") ducts, wires, meters and (b) any lawother equipment, regulationmachinery, ruleapparatus and fixtures located within the Premises. Lessee, order or ordinance of any governmental entity applicable its employees and invitees shall have access to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event at all times; provided that, after if Lessor recaptures a portion of the Effective Date any new Title Matters appear of recordPremises, such matters access shall be subject to Lessor's reasonable security procedures. Lessee shall be permitted to operate its business in the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant Premises outside of the Premises for its intended purpose. Tenant Building hours (as set forth in Paragraph 1 of EXHIBIT D attached hereto), but if Lessor is managing the Building, Lessee shall deliver pay to Lessor, as Additional Rent, the cost of supplying services to the Premises, as described on Exhibit D, at times other than such Building hours, such payment to be due and payable no later than thirty (30) days after Lessor gives written notice to Landlord Lessee of its approval or disapproval the amount of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedcharges.

Appears in 1 contract

Samples: Lease Agreement (Transkaryotic Therapies Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon and subject to Suite 450 as shown on the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter location plan attached hereto as Exhibit "B" A, which the parties stipulate and agree consists of approximately 25,001 rentable square feet ("Work Letter"the “Premises”), located on the fourth (4th) to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot floor of the building ("the “Building") located at 0000 Xxxxx XxXxx Xxxxxxxxxx, Xxxxxx, Xxxxxx Xxxxxx, Texas 78746, said land also being described as Xxx 0X, Xxxxxx xx Xxx 0, of the Wallingwood Section II, Xxxxxx, Xxxxxx County, Texas (the “Land”). Landlord represents and warrants that the Building and its associated parking garage are the only buildings on the Land. The actual square footage of the Premises shall be confirmed upon the completion of the Work (as defined in Exhibit D to this Lease) by the Architect (as defined in Exhibit D to this Lease) in accordance with published BOMA (ANSI/BOMA Z65.i – 1996) standards and methodology, and such measurement calculation shall be delivered to Landlord for its review and approval prior to the Commencement Date. If the approved calculation of the Premises is not 25,001 rentable square feet, then the parties shall enter into an amendment to this Lease memorializing the actual rentable square footage, and all terms of this Lease that are based on square footage shall be adjusted accordingly. The “Project” shall mean the Building, the Land, and all other improvementsimprovements located on the Land. Subject to Landlord’s maintenance and repair obligations set forth in this Lease, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting accepts the Premises ("Title Matters") (i) in effect their “AS IS”, “WHERE IS”, “WITH ALL FAULTS” condition as of the date of delivery of possession to Tenant, without any warranty or representation, express or implied, by or on behalf of Landlord as to the Effective Date condition or usability thereof. Except as otherwise set out in this Lease, Landlord shall not be obligated to make, pay for, or contribute to the payment for any demolition, alteration, addition, repair, replacement or improvement in or to the Premises. In addition, Landlord shall have no obligation to provide Tenant with any leasehold improvement allowance or other allowance except as may be provided in Exhibit D to this Lease. Notwithstanding the foregoing, Landlord shall ensure that all of the now existing equipment necessary to provide the utilities referenced in Section 5 of this Lease as specified are in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect good operating condition on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedCommencement Date.

Appears in 1 contract

Samples: Lease Agreement (Whiteglove Health Inc)

Premises. Landlord, for Subject to and in consideration of accordance with the rentsprovisions hereof, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant and Tenant hereby leases from Landlord the Premises as designated on Exhibit A. The Rentable Area of the Premises and Building for all purposes shall be as set forth in Section 1(c) and 1(d), respectively, subject to adjustment as provided below. The Rentable Area of the Premises includes a pro-rata portion of all Common Areas. Tenant agrees that, except as expressly stated herein and in the Work Letter, if any, attached to this Lease, no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or any Work Letter attached hereto, upon Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s taking possession for the purposes of conducting business, the Premises, including all Initial Improvements shall be deemed accepted by Tenant. Tenant shall also have the non-exclusive right, subject to the termsterms hereof, covenants to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and conditions hereinafter set forthother buildings, all Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to time, to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas, as long as the Premises and the Parking Spaces remain reasonably accessible; and to temporarily suspend access to portions of the Common Areas, if Landlord determines, in its sole discretion, that certain parcel such suspension is necessary to perform its repair or maintenance obligations under this or any other agreement or to comply with any applicable Laws, as long as the Premises and the Parking Spaces remain reasonably accessible. The Rentable Area of land situated in the County Premises will not be adjusted as a result of Riverside, and State variations resulting from initial construction of California delineated on Exhibit "A" attached hereto and incorporated herein the Initial Improvements ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein If the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds Rentable Area of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or Building changes for any reason, any Rent calculations based on Rentable Area will be adjusted accordingly effective as of Tenant’s receipt of written notice from Landlord of the use or occupancy thereofadjustment and the reason therefor. Tenant may object to errors in the adjustment by Landlord only if Tenant notifies Landlord in writing within thirty (30) days thereafter of the specific errors made by Landlord. Pending resolution of any such objections by Tenant, in effect Rent must be paid as adjusted by Landlord based on the execution change in Rentable Area; and on resolution of Tenant’s objections, an appropriate reduction or increase (without interest or penalty) will be made in the next Monthly Rent Installment due. The Building’s Common Area includes the non-rentable Common Areas on each floor, excluding elements of the building that penetrate through the floor to areas below, and an off-floor factor (areas not of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject floor but common to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder noticebuilding, the new Title Matter shall be deemed approvedi.e. central plant, mail room, 1st floor lobby.

Appears in 1 contract

Samples: Lease Agreement (Us Dataworks Inc)

Premises. LandlordAll claims for damages by reason of such reentry and/or repossession and/or alteration of locks or other security devices are hereby waived, provided the same is performed substantially in accordance with all applicable laws, as all claims for and in consideration damages by reason of the rentsany distress warrant, covenants and agreements hereinafter set forthforcible detainer proceedings, hereby leases to Tenant and Tenant hereby leases from Landlordsequestration proceedings or other legal process, upon and subject to the termsextent permitted by law. Tenant agrees that any reentry by Landlord may be pursuant to judgment obtained in forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riversideas Landlord may elect, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")Landlord shall not be liable in trespass or otherwise, together provided the same is performed substantially in accordance with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgatedlaws. In the event thatLandlord elects to terminate the Lease by reason of an event of default then notwithstanding such termination, after the Effective Date any new Title Matters appear of record, such matters Tenant shall be subject liable for and shall pay to Landlord, at the address specified for notice to Landlord herein, the sum of all rental and other indebtedness accrued to date of such termination, plus, as damages, an amount equal to the review total rental hereunder for the remaining portion of the Lease term (had such term not been terminated by Landlord prior to the date of expiration as stated herein) less the Market Base Rental Rate (determined in accordance with Section 32.10 hereof) for such remaining term (net of all reasonably estimated costs of re-leasing for such remaining term). In the event that Landlord elects to repossess the Premises without terminating the Lease, then Tenant shall be liable for and approval shall pay to Landlord at the address specified for notice to Landlord herein, all rental and other indebtedness accrued to the date of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy such repossession, plus rent required to paid by Tenant to Landlord during the remainder of the Lease term until the date of expiration of the term as stated herein diminished by any net sums thereafter received by Landlord through relenting the Premises during such period (after deducting expenses incurred by Landlord as provided below). In no event shall Tenant be entitled to any excess of any rental obtained by reletting over and above the rental herein reserved. Actions to collect amounts due by Tenant to Landlord under this subparagraph may be brought from time to time, on one or more occasions, without the necessity of Landlord's waiting until expiration of the Lease term. In the event of any default or breach by Tenant, not cured within any applicable grace period, Tenant shall also be liable and shall pay to Landlord, in addition to any sums provided to be paid above, broker's fees incurred by Landlord in connection with reletting the whole or any part of the Premises; the costs of removing and storing Tenant's or other occupants' property; the costs of repairing, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant or tenants; and all reasonable expenses incurred by Landlord in enforcing or defending Landlord's rights and/or remedies, including reasonable attorney's fees whether suit was actually filed or not. In the event of termination or repossession of the Premises for its intended an event of default, Landlord shall not have any obligation to relet or attempt to relet the Premises or any portion thereof, or to collect rental after reletting; and in the event of reletting, Landlord may relet the whole or any portion of the Premises, or let the Premises as part of a larger premises, for any period to any tenant and for any use or purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails shall fail to respond make any payment or cure any default hereunder within the time herein permitted, Landlord, without being under any obligation to do so and without thereby waiving such ten default, may make such payment and/or remedy such other default for the account of Tenant (10) day period and enter the Premises for such purpose), and thereupon Tenant shall be obligated to, and hereby agrees to pay Landlord delivers a written reminder notice upon demand all reasonable costs, expenses and disbursements, including reasonable attorney's fees incurred by Landlord in taking such remedial action. Landlord is entitled to accept, receive in cash or deposit any payment made by Tenant for any reason or purpose or in any amount whatsoever, and apply the same at Landlord's option to any obligation of Tenant and the same shall not constitute payment of any amount owed except that to which Landlord has applied the same. No endorsement or statement on any check or letter of Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedan accord and satisfaction or recognized for any purpose whatsoever. The acceptance of any such check or payment shall be without prejudice to Landlord's rights to recover any and all amounts owed by Tenant hereunder and shall not be deemed to cure any other default nor prejudice Landlord's rights to pursue any other available remedy. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees to use reasonable efforts to mitigate its damages however in no event shall Landlord be required to (i) lease space for less than market rates applicable for comparable space in first-class Buildings in Briargate Business Campus in Colorado Springs, Colorado, (ii) expend any sums or (iii) lease the Premises prior to any other available space in the Building or any building owned by Landlord or an affiliated entity of Landlord.

Appears in 1 contract

Samples: Office Lease (Sm&a Corp)

Premises. Sublandlord hereby subleases to Subtenant the Premises, and Subtenant hereby subleases the Premises from Sublandlord, pursuant to the terms and conditions of this Sublease. Subtenant shall accept the Premises in the condition and state of repair on the Commencement Date (defined in Section 3 below) in its “AS IS” and “WHERE IS” condition. This shall not be deemed to waive Master Landlord, for and ’s repair obligations set forth in consideration Section 13 of the rentsMaster Lease. Except as otherwise provided in this Sublease, covenants Subtenant expressly acknowledges and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject agrees that Sublandlord has made no representations or warranties with respect to the terms, covenants Premises and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") Sublandlord shall not have any obligation to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), perform any work to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting prepare the Premises ("Title Matters") (i) for Subtenant’s use and occupancy. By taking possession of the Premises, Subtenant is deemed to have accepted the Premises and agreed that the Premises is in effect on good order and satisfactory condition, with no representation or warranty by Sublandlord as to the Effective Date condition of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the suitability thereof for Subtenant’s use or occupancy thereofexcept as otherwise expressly provided in this Sublease. The “Rentable Area of the Premises” is approximately 69,265 rentable square feet, in effect on consisting of 56,489 rentable square feet with respect to the execution Base Premises and 12,776 rentable square feet with respect to Suite 600. Sublandlord and Subtenant hereby acknowledge and agree that the Rentable Area of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters Premises shall not be subject to remeasurement or adjustment, nor shall Base Sublease Rent or Extension Term Rent under this Sublease be subject to modification if the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant actual size of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days differs from the Rentable Area of the delivery Premises set forth in this Section. Subtenant shall have, as appurtenant to the Premises and without additional charge or cost, rights to use in common with others entitled thereto Sublandlord’s rights in Common Areas (including, without limitation, the parking areas and Storage Area) as set forth in the Master Lease, all in accordance with the terms of the written reminder notice, the new Title Matter shall be deemed approvedMaster Lease.

Appears in 1 contract

Samples: Sublease Agreement (Organogenesis Holdings Inc.)

Premises. Landlord, for For the Term (as hereinafter defined) and in consideration of upon the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forthprovided, all that certain parcel of land situated in the County of RiversideSublandlord hereby agrees to sublease to Subtenant, and State of California delineated Subtenant hereby agrees to sublease from Sublandlord, the entire Prime Lease Premises, as shown on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter floor plans attached hereto as Exhibit "B" B ("Work Letter") the “Premises”). The parties hereby agree that for all purposes of this Sublease the Premises shall be deemed to be constructed by Landlord, including an approximately three hundred thirty thousand consist of 43,842 rentable square feet of office space. On the Commencement Date (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixturesas defined in Section 4), Sublandlord will deliver possession of the Premises to be installed or located thereon Subtenant (subject to Sublandlord’s right of entry to remove Sublandlord’s Furniture (as defined in Section 3) therefrom as described below and all additions, alterations to the terms of the Prime Lease and replacements thereof (collectively "Improvements"this Sublease). Herein In addition to Subtenant’s rights as set forth herein to occupy the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate , if permitted by Prime Landlord and subject to availability of roof space, Subtenant shall also be entitled to Sublandlord’s rights to install Telecommunications Equipment in accordance with and subject to Section 26.23 of the Prime Lease. Subtenant shall obtain Sublandlord’s approval (anot to be unreasonably withheld) all liensof the proposed equipment type, encumbrancessize and frequency prior to making a request for approval to Prime Landlord. Sublandlord agrees to use reasonable efforts, deeds at Subtenant’s expense, to procure Prime Landlord’s consent to Subtenant’s right to install such Telecommunications Equipment; provided, however, that the failure of trust, reservations, covenants, conditions, restrictions and other matters affecting Prime Landlord to consent to Subtenant’s installation of such Telecommunications Equipment shall not affect the Premises ("Title Matters") (i) in effect on the Effective Date validity of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgatedSublease. In the event that, after the Effective Date any new Title Matters appear of record, such matters Subtenant shall be subject to solely responsible for the review cost and approval expense of Tenant which approval shall not be withheld so long as the new Title Matter does not materially installation, maintenance and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval removal of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedTelecommunications Equipment.

Appears in 1 contract

Samples: Sublease Agreement (Sunrun Inc.)

Premises. LandlordLandlord hereby subleases to Tenant, for and in consideration Tenant subleases and -------- accepts, the Premises containing approximately Forty-Four Thousand (44,000) square feet of warehouse space with such warehouse space outlined and designated on the site plan attached hereto as Exhibit A which is incorporated herein by reference (such space is referred to collectively hereinafter as the "Leased Premises"). The Leased Premises are part of the rentsapproximately 300,000 square foot warehouse complex known as "Levi Place" (which includes the warehouse space shown on the attached site plan and two separate office buildings totaling approximately 9,000 square feet and located adjacent to such warehouse space) formerly owned by Levi Xxxxxxx & Company (such complex, covenants including the two office buildings, is referred to hereinafter collectively as the "Warehouse"). The location of the Warehouse is on North Cherry Street in Knoxville, Tennessee and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, the legal description of the land upon and subject to which the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" Warehouse is located is attached hereto and incorporated herein as Exhibit B (such land referred to hereinafter as the "Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the The Land and the Improvements Warehouse are referred to collectively hereinafter as the "PremisesProject." A certain portion of the Project is deemed common area (the "Common Area"), such Common Area to include but not be limited to certain parking areas, driveways, entrances and exits thereto, service roads, loading facilities, sidewalks, ramps, landscaped areas, exterior stairways, restroom facilities, and all other uses in common by the Tenant and all the Tenants in the Project, however, those elements of parking, driveways, entrances and exits, loading facilities, and restroom facilities that are located within the Leased Premises shall not be deemed to be common areas. Tenant acknowledges that this Lease is subordinate and subject shall have first right of refusal to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting sublease space in the Warehouse adjacent to the Leased Premises ("Title Matters") (i) in effect on the Effective Date of this Lease same terms and conditions as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1contained herein, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval pre-existing rights of Tenant which approval shall not be withheld so long as other Tenants in the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purposeProject. The Tenant shall deliver written notice to Landlord of its approval or disapproval of exercise such Title Matters right within ten thirty (1030) days after delivery upon receiving notification from Landlord that such space is being requested by a third party by sending its request for such space to the Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder noticein writing by certified mail, the new Title Matter shall be deemed approvedreturn receipt requested.

Appears in 1 contract

Samples: Warehouse Sublease Agreement (Tice Technology Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord does hereby leases lease to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all Landlord that certain parcel of land situated in the County of Riverside, and State of California delineated industrial space (herein called "Premises") indicated on Exhibit "A" A attached hereto and incorporated herein by reference thereto made a part hereof, said Premises being agreed, for the purposes of this Lease, to have an area of approximately 103,150 square feet ("Land")including the Common Areas, together with those as hereinafter defined) and consisting of the entirety of that certain Landlord's Improvements building known as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building EASTSIDE BUILDING ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additionsat 4801 N. 63rd Street, alterations and replacements thereof Boulder, Colorado 80301 (collectively the "ImprovementsProperty"). Herein the Land Said Lexxx xx xxxxxxx xx xxx xxxxx, xxxxxxxxx xxx xonditions herein set forth and the Improvements are referred Landlord and Tenant covenant as a material part of the consideration for this Lease to collectively as the "Premises". Tenant acknowledges keep and perform each and all of their respective covenants and conditions to be kept and performed and that this Lease is subordinate made upon the condition of said performance. "Common Areas" shall mean those portions of the Building which are made available on a non-exclusive basis for general use in common of tenants, their employees, agents and subject invitees. Landlord shall have the right from time to time to change the location or character of and to make alterations of or additions to the Common Areas, and to repair and reconstruct the Common Areas. So long as Tenant leases all of the Building, Tenant shall have the exclusive use of all Common Areas in and about the Building. The Premises shall include all personal property located in or attached to the Premises, including, but not limited to, the buss bar, employee lockers (aattached or not), fire extinguishers, all xxxxiture, fixtures and office equipment, including, but not limited to all computers (CPU's and monitors) all liensexcept the computer equipment required to continue the current owner's operations in Ireland, encumbrancestelephone system (Rolm 9200 CBX, deeds of trustswitchboard and handsets), reservationsdesks (including the reception desk at the entrance to the Premises), covenantschairs, conditionscubicles, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect bookshelves, tables, credenzas, file-storage racks on the Effective Date mezzanine and artwork (the "Personal Property"). Landlord, Tenant and the current owner shall compile a detailed list of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1the Personal Property, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to which shall include the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgatedabove. In the event thatLandlord fails to acquire any of the Personal Property pursuant to the Original Contract (as hereinafter defined) and receives a reduction in the purchase price for the Property pursuant to the Original Contract, after Landlord shall pay to Tenant, or the Effective Date any new Title Matters appear of record, such matters Rent shall be subject to reduced at the review and approval rate of $13.22 per $1,000 in value for lost Personal Property. Tenant which approval shall not be withheld entitled to challenge the value received by Landlord for lost Personal Property so long as Tenant's valuation of the new Title Matter lost Personal Property does not materially and adversely impair the use differ from Landlord's valuation by an amount equal to or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedgreater than $20,000.00.

Appears in 1 contract

Samples: Lease (Hei Inc)

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby (a) Landlord leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon and the Premises for the Term subject to the terms, covenants terms and conditions hereinafter set forthof this Lease. Tenant accepts the Premises in their “AS IS”, all “WHERE IS”, “WITH ALL FAULTS” condition except that certain parcel of land situated in Landlord shall: (i) provide Tenant with the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein Improvement Allowance ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as and pursuant to Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixturesC), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or ; (ii) approved or deemed approved provide Tenant with the Restroom Improvement Allowance (as defined in and pursuant to this Section 1.1Exhibit C); (iii) perform any and all such additional repairs, ("Permitted Encumbrances") maintenance, or replacements, if any, necessary to cause the Building and (b) any lawthe Building’s structural, regulationroof, ruleelectrical, mechanical, plumbing, and fire and life safety systems to be in good and proper working order or ordinance and in full compliance with all applicable Laws as of any governmental entity applicable to the Premises or the use or occupancy thereofDelivery Date or, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or Tenant’s legal occupancy by Tenant of the Premises for its intended purposethe Permitted Use is not delayed, then in a timely manner (“Landlord’s Warranty Work”); and (iv) reimburse Tenant upon thirty (30) days’ invoice (together with reasonable supporting documentation and lien waivers) for costs incurred by Tenant in correcting and/or addressing material unexpected deficiencies related to Landlord’s Warranty Work in the Building and Premises discovered by Tenant in the planning and performance of the Leasehold Improvements (as defined in and pursuant to Exhibit C) and in all cases for additional costs incurred by Tenant with respect to demolition, remediation, and disposal of Hazardous Materials located within the Building or Premises during completion of the Leasehold Improvements and any initial leasehold improvements to the garden level or the fourth floor pursuant to Section 26 and 27, including, but not limited to, asbestos containing materials such as floor tile and mastic. Notwithstanding the foregoing, with respect to the removal of asbestos containing materials by Tenant during completion of the Leasehold Improvements and any initial leasehold improvements to the garden level or the fourth floor pursuant to Sections 26 or 27, Landlord and Tenant shall deliver written notice split equally all costs incurred by Tenant relating to Landlord the demolition, remediation and disposal of its approval asbestos containing materials located within the Building or disapproval Premises during completion of the Leasehold Improvements or any initial leasehold improvements to the garden level or the fourth floor pursuant to Sections 26 or 27, provided if the total costs exceed $600,000 per floor (such that Tenant’s share of such Title Matters within ten costs would exceed $300,000 per floor), in addition to Landlord’s obligation to reimburse Tenant for the first $300,000 of such costs per floor (10) days after delivery by as Landlord’s 50% share of such costs), Landlord shall also pay 100% of any costs in excess of $600,000 per floor. On the Delivery Date, Landlord shall deliver possession of the Premises to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days for Tenant’s completion of the delivery Leasehold Improvements. Landlord shall cooperate and coordinate the performance and scheduling of Landlord’s Warranty Work such that Landlord does not unreasonably interfere with, or delay, Tenant’s performance of the written reminder notice, Leasehold Improvements. (b) The Term for Suite 300 commences on the new Title Matter shall be deemed approved.date (“Suite 300 Commencement Date”) that is the earliest of: (i) the date on which Tenant first conducts any business in all or any portion of Suite 300; (ii) Substantial

Appears in 1 contract

Samples: Lease (Spark Therapeutics, Inc.)

Premises. LandlordPursuant to the Master Lease specified below, Manager shall provide GROUP with adequate administrative office space at the addresses described therein (the "Premises") and Group shall retain all of its remaining facilities for the operation of the Practice with leasehold improvements, auxiliary services and utilities in order that GROUP may effectively perform its functions and duties. In consideration of the rentssums to be paid to Manager under the terms of this Agreement, covenants and agreements hereinafter set forth, Manager hereby leases to Tenant GROUP during the term of this Agreement the furniture, fixtures and Tenant hereby leases from Landlord, upon and subject to equipment (the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated "FF&E") listed on Exhibit "AB" attached hereto and incorporated herein by this reference, under the following terms and conditions: 1.1. Manager is the lessee under certain leases for the Premises (hereinafter collectively referred to as the "LandMaster Lease"), together with those certain Landlord's Improvements as defined in the Work Letter ) copies of which are attached hereto as Exhibit "BA" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to by this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to reference. GROUP hereby acknowledges that the Premises or described in the use or occupancy thereofMaster Lease are suitable for the administrative office of the Practice. Based and contingent upon GROUP's promise to timely pay all amounts due under this Agreement, in effect on Manager hereby agrees to sublease the execution leased Premises to GROUP upon the following terms and conditions: 1.1.1. This sublease between Manager and GROUP of this Lease or thereafter promulgatedthe Premises shall be subject to all of the terms and conditions of the Master Lease. In the event thatof the termination of Manager's interest as lessee under the Master Lease for any reason, after then the Effective Date any new Title Matters appear sublease created hereby shall simultaneously terminate unless GROUP is willing to assume the obligations under the Master Lease and the Lessor consents thereto. 1.1.2. All of recordthe terms and conditions contained in the Master Lease are incorporated herein as terms and conditions of the sublease (with each reference therein to "Lessor" and "Lessee," to be deemed to refer to Manager and GROUP, such matters respectively) and, along with the provisions of this Section 1.1 and Exhibit "A," shall be subject the complete terms and conditions of the sublease created hereby. 1.1.3. Notwithstanding the foregoing, as between Manager and GROUP, Manager shall remain responsible for meeting the financial obligations of "Lessee" under the Master Lease, and GROUP shall have no monetary obligation in that regard. In addition, as between Manager and GROUP, Manager shall retain all rights to exercise any options to purchase the Premises, or other similar rights of ownership or possession, which may be granted under the Master Lease, and GROUP shall have no rights in that regard. 1.1.4. In the event this Agreement is terminated according to its terms, this sublease shall also terminate automatically. 1.1.5. If the Master Lease contains an option to renew the term thereof, Manager shall notify GROUP, at least thirty (30) days prior to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant expiration of the Premises time for its intended purpose. Tenant shall deliver written notice exercising such option, of Manager's intention to Landlord of its approval renew or disapproval of not to renew such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matterterm. If Tenant fails Manager determines not to respond within renew such ten (10) day period term, Manager shall, at GROUP's option and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days upon the consent of the delivery Landlord in accordance with the terms of the written reminder noticeMaster Lease, assign the new Title Matter shall be deemed approvedMaster Lease to GROUP, including Manager's right to renew the term thereof.

Appears in 1 contract

Samples: Management Services Agreement (Prospect Medical Holdings Inc)

Premises. Landlord, for and in consideration (a) Effective as of the rentsExpansion Date (defined below), covenants and agreements hereinafter set forth, hereby leases Landlord shall lease the Expansion Space to Tenant and Tenant hereby leases shall lease the Expansion Space from Landlord, upon and subject to the terms“Premises”, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Lease and used hereinafter, shall mean, collectively, the Current Premises and the Expansion Space, for a total area of approximately 10,148 square feet of space. Accordingly, effective as of the Expansion Date, the “Rentable Square Footage of the Premises”, as defined in the Lease, shall be amended to mean 10,148 square feet. The Expansion Space shall be subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions that were granted with respect to the Current Premises unless such concessions are expressly provided for herein with respect to the Expansion Space. Effective as of the Expansion Date, Exhibit A-1 to the Lease Agreement shall be deleted in its entirety and Schedule 2 attached hereto shall be substituted in lieu thereof. Notwithstanding the foregoing, however, in the event Landlord fails to complete Landlord’s Work in the Current Premises by the date that is four (4) weeks after the Expansion Date (the “Outside Completion Date”) for any reason other than delays caused by Tenant, then as Tenant’s sole and exclusive remedy, then Base Rent with respect to the Expansion Space only shall xxxxx one day for each day after the Outside Completion Date that Landlord fails to complete Landlord’s Work in the Current Premises; provided, however, such abatement shall be in proportion to the Rentable Square Footage of the Current Premises that Tenant is not able to occupy. For example, if Tenant is able to occupy 80% of the Rentable Square Footage of the Current Premises even though Landlord’s Work therein is not complete, Tenant shall be entitled to an abatement of 20% of the Base Rent applicable to the Expansion Space. Further, the Outside Completion Date shall be extended by one (1) day for each day Landlord’s Work in the Current Premises is delayed due to delays caused by Tenant. (b) As used herein, the “Expansion Date” means the earlier to occur of (i) the date the Landlord’s Work (as defined in Schedule 3 attached hereto) in the Expansion Space has been substantially completed, as such date is determined pursuant to the Work Letter attached hereto as Exhibit "B" Schedule 3, and ("Work Letter"ii) the date Tenant begins conducting business from any portion of the Expansion Space. Subject to be constructed Paragraph 2(d) below, Force Majeure and Delays (as defined in Schedule 3) incurred by Landlord, including an Landlord shall use good faith and reasonable efforts to cause the Expansion Date to occur on or before December 1, 2016. (c) Tenant may take possession of the Expansion Space approximately three hundred thirty thousand two (330,0002) square foot building ("Building") and all other improvementsweeks prior to the Expansion Date for the purpose of installing furniture, machineryfixtures, equipment, fixtures and other personal property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements")of Tenant in the Expansion Space. Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters Such possession shall be subject to all of the review terms and approval conditions of the Lease, as amended hereby, except that Tenant which approval shall not be withheld so long as required to pay Base Rent or the new Title Matter does not materially OE Payment for the Expansion Space during the period of time prior to the Expansion Date. Tenant shall, however, be liable for the cost of any above Building 32036/00600/DOCS/4144422.1 standard services (e.g. after-hours HVAC) that are provided to Tenant in the Expansion Space during the period of Tenant’s possession prior to the Expansion Date. (d) Tenant acknowledges that the Expansion Space is currently occupied by a third party tenant, and adversely impair the use or occupancy by Tenant that, in connection with this Amendment, Landlord is negotiating a termination of such third party tenant’s lease of the Premises Expansion Space. If Landlord is delayed in its ability to deliver possession of all or any portion of the Expansion Space to Tenant due to the holding over or failure of the current occupant to vacate any portion of the Expansion Space or for its intended purpose. any other reason beyond Landlord’s reasonable control, this Amendment shall not be void or voidable or otherwise affected, Tenant shall have no claim for damages against Landlord, and Landlord shall deliver possession of the Expansion Space to Tenant following the termination of such third party tenant’s lease of the Expansion Space and vacation of the Expansion Space by the such third party tenant in the condition required herein. Notwithstanding the foregoing, however, if the current tenant occupying the Expansion Space has not vacated the Expansion Space by January 1, 2017, then Tenant shall have the right to nullify this Amendment by delivering written notice thereof to Landlord at any time until the date the current tenant occupying the Expansion Space has vacated the Expansion Space and prior to December 31, 2017, in which event, this Amendment shall be null and void and of its approval no force or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period effect, and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days the Term of the delivery of the written reminder noticeLease shall expire on December 31, the new Title Matter shall be deemed approved2017.

Appears in 1 contract

Samples: Office Lease

Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby 2.1. Landlord leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon the Premises described in Section 1.7 above and subject to as depicted on the terms, covenants Floor and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter Site Plan attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot A-1. The Premises is located in a building ("the “Building"”) described in Section 1.6. The Building and other improvements are located on and about the land shown on the Site Plan attached hereto as Exhibit A-1 (the “Land”). The Building and the adjacent parking garage contain approximately 500 spaces (the “Garage”) and all the other improvements, machinery, equipment, fixtures improvements and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land are collectively referred to as the “Project”. Tenant agrees that the Premises shall be deemed to include the number of rentable square feet set forth in Section 1.8 and in no event shall Tenant have the right to challenge, demand, request or receive any change as a result of any claimed or actual error or omission in the square footage of the Premises, the Building or the Proportionate Share. Landlord reserves the right at any time and from time to time to make alterations or additions to the Building or the common areas, and to demolish improvements on and to build additional improvements on the land surrounding the Building and to add or change the name of the Building from time to time, in its sole discretion without the consent of Tenant and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval same shall not be withheld so long construed as a breach of this Lease. 2.2. Landlord intends to deliver the new Title Matter does not materially Premises to Tenant, in there then current “AS- IS”, “WHERE-IS” condition, on or before the Scheduled Occupancy Date set forth in Section 1.9, subject to Force Majeure and adversely impair the use or occupancy by Unlawful Holdover (each as defined below) and Tenant agrees that it shall accept possession of the Premises for its intended purposefrom Landlord in their then current “AS-IS”, WHERE-IS” condition. Tenant shall deliver written notice to If in good faith Landlord of its approval is delayed or disapproval of such Title Matters within ten (10) days after delivery by Landlord hindered in delivering the Premises to Tenant by any labor dispute, strike, lockout, fire, unavailability of such new Title Matter. If Tenant fails to respond within such ten material, labor or any other ordinary construction delay, severe weather, acts of God, restrictive governmental laws or regulations, riots, insurrection, war or other casualty or events of a similar nature beyond its reasonable control (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of “Force Majeure”), the date for the delivery of the written reminder notice, the new Title Matter Premises to Tenant shall be extended for the period of delay caused by the Force Majeure. The date Landlord delivers the Premises to Tenant is herein referred to as the “Occupancy Date.” Landlord shall not be subject to any liability for failure to deliver possession of the Premises to Tenant on the Scheduled Occupancy Date and the validity of the Lease shall not be impaired by such failure. By occupying the Premises, Tenant will be deemed approvedto have accepted the Premises in there then current “AS-IS”, “WHERE-IS” condition, and to have acknowledged that they are in the condition called for in this Lease.

Appears in 1 contract

Samples: Lease (Ensemble Health Partners, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!