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)
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, 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. 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, (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 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. 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. 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. 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 (Earthlink Inc), Standard Modified Gross Office Lease (WWW Holdings 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. 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 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 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 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 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(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 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 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, 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. 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, 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. 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 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 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. 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. 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. 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, (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. 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. (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. 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, (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, 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, 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 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 subject to the terms and in consideration of the rents, covenants and agreements hereinafter set forthconditions hereof, 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 premises ("LandPremises") consisting of the building situated at 4700 Nathan Lane, Plymouth, Minxxxxxx ("Xxxxxxxx"), together with those certain Landlord's Improvements as defined in the Work Letter land underlying and contiguous thereto and all improvements thereon (Project). The legal description of the land is 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")A-1. Herein A schematic depiction of the Land and the Improvements are referred to collectively Project is attached hereto as the "Premises"Exhibit A-2. Tenant acknowledges that 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 commencement of this Lease as specified in Exhibit "C" attached hereto and incorporated herein certain portions of the Premises may be occupied by Miles Homes Services, Inc. ("Preliminary ReportMiles") ). Miles has agreed to vacate the Premises according to the following schedule: Top Floor - February 8, 1996 Middle Floor - October 1, 1996 Lower Floor - May 5, 1996 The portion of the Premises occupied by Miles and the date by which Miles has agreed to vacate are depicted on Exhibit A-3 and A-4. During such period that Miles is in possession of all or (ii) approved any part of the Premises, Landlord shall defend, indemnify and hold Tenant harmless from and against all liability, damages and claims which may be imposed upon or deemed approved pursuant to this Section 1.1incurred or paid by or asserted against Tenant by reason of or in connection with any use, ("Permitted Encumbrances") and (b) any law, regulation, rule, order possession or ordinance operation of any governmental entity applicable to part of the Premises or the use or occupancy thereofProject by Miles; provided, however, that nothing contained 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 sentence shall be deemed to require Landlord to indemnify Tenant with respect to any negligent or tortious act committed by Tenant or any of its agents, contractors, employees or invitees. Landlord agrees to cooperate with Tenant in securing that part of the Premises occupied solely by Tenant from intrusion by employees, agents, contractors or invitees of Miles. OPTION TO EXPAND INTO ADDITIONAL SPACE. Tenant has elected to expand the Building (such expansion referred to as the "Expansion Space") by approximately 60,000 square feet. Tenant shall have the right to control the design of the Expansion Space, subject to the review and approval consent of Tenant Landlord, which approval consent 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 purposeunreasonably withheld. Tenant shall deliver written notice have the right to Landlord of approve, in 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 noticesole discretion, the new Title Matter project costs for the Expansion Space. The developer's fee, equivalent to the Development Fee included in the Project Cost Schedule included on Exhibit B-2, shall be deemed approved$150,000. The Project Schedule, attached hereto as Exhibit D, sets forth milestone dates requiring Tenant's input and approval. Subject to Tenant's strict adherence to the Project Schedule and further subject to the force majeure provisions of Section 32 of this Lease, Landlord warrants that it will complete the Expansion Space according to the Project Schedule.
Appears in 1 contract
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 a portion of the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated building (the “Building”) located at 000 Xxxxxxx Xxxx Drive in the County City of RiversideSunnyvale, Santa Xxxxx County, California, consisting of the complete second floor of the Building and State a portion of California delineated the ground floor of the Building as depicted on Exhibit "A" A-1 attached hereto and incorporated herein ("Land"the “Premises”). The Building together with the land on which the Building is located is referred to herein collectively as, the “Property”. During the Term (as defined below), together with those certain Landlord's Improvements as defined in Tenant shall have the Work Letter attached hereto as Exhibit "B" exclusive right to use the generator which currently services the Building. During the Term, Tenant shall have the right to use two hundred twenty ("Work Letter"220) to be constructed by Landlordparking stalls at the Property, including an approximately three hundred thirty thousand the exclusive right to use twenty-one (330,00021) 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 parking stalls 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 depicted on the Effective Date of this Lease as specified in Exhibit "C" A-2 attached hereto and incorporated herein herein, which reserved spaces will be marked by Landlord “Reserved for Applied Micro”. Notwithstanding the foregoing, Landlord may at its election upon thirty ("Preliminary Report"30) or (ii) approved or deemed approved pursuant days written notice to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable Tenant but only to the Premises or extent necessary to allow Landlord’s Construction (hereinafter defined and with the use or occupancy thereofdesignated location as convenient as practicable to the main entrance of the Building) designate the locations within the Property in which Tenant and Tenant’s employees and visitors may park and move (but only on a temporary basis, the location of the reserved spaces shown on Exhibit A-2 attached hereto to a location in effect close proximity to the existing reserved spaces designated on the execution of this Lease or thereafter promulgatedExhibit “A-2”. In addition, Tenant shall have the event thatnon-exclusive right to use those portions of the Property designated by Landlord from time to time for the general non-exclusive use of Landlord, after Tenant and other tenants of the Effective Date any new Title Matters appear of recordBuilding, such matters which shall be subject to the review and approval of Tenant which approval include but shall not be withheld so long limited to, those areas on the ground floor of the Building designated on Exhibit A-1 as “Common Area”, common entrances, lobbies, corridors, stairwells, elevators, trash areas, roadways, walkways, driveways and landscape areas, together with the new Title Matter existing training room, cafeteria, fitness room and the adjacent restrooms and shower facilities (the “Common Area”). Common Area does not materially include the Building’s exterior windows and adversely impair walls and the use or roof. Tenant is currently in occupancy by Tenant of the Premises for its intended purpose. Building and Tenant shall deliver written notice be entitled 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 exclusive occupancy of the delivery of the written reminder noticeBuilding (including, without limitation, the new Title Matter shall be deemed approvedcomplete ground floor) through and including March 13, 2014 without additional charge or Rent.
Appears in 1 contract
Samples: Lease (Applied Micro Circuits Corp)
Premises. Landlord, for and in consideration (a) The premises demised by this Lease consists of the rentsInitial Premises and the Subsequent Premises (collectively, 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 "Premises") located in that certain parcel of land situated building (the "Building") specified in the County Basic Lease Information, 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 the Basic Lease Information. The location and dimensions of Riverside, the Initial Premises and State of California delineated the Subsequent Premises are depicted 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)(iii) 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 nonexclusive 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. 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 (Paypal Inc)
Premises. Landlord, for and in consideration of 2.1 Commencing on January 17 1998 (the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject "AP Commencement Date") there shall be added to the termsOriginal Premises those certain premises consisting of approximately 12,214 rentable square feet located at 0000 Xxxxxx Xxxx, covenants and conditions hereinafter set forthXxxxx 000 (the "Additional Premises"), all that certain parcel of land situated in which Additional Premises are depicted on the County of Riversidesite plan (building plan, and State of California delineated on Exhibit "A" etc.) attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto made a part hereof as Exhibit A. Tenant hereby acknowledges that the Additional Premises are presently being occupied by Four 11 Corporation (the "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 Existing Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein Landlord's delivery to Tenant of possession of the Land Additional Premises by January 17, 1998 is contingent upon the Existing Tenant vacating the Additional Premises and surrendering possession thereof to Landlord by January 9, 1998. If Landlord cannot deliver to Tenant possession of the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and Additional Premises broom clean but without any tenant improvements of any kind or nature on January 17, 1998, Landlord shall neither be subject to (a) all liensany liability nor shall the validity of the Lease be affected; provided, 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 Term applicable to the Additional Premises or the use or occupancy thereof, in effect shall commence on the execution date possession is tendered and in no event shall the Expiration Date be extended. Accordingly, the date Landlord is to deliver the Additional Premises, namely Please Initial January 17, 1998, shall only be extended to a date later than January 17, 1998 if Landlord fails to tender to Tenant possession of this Lease the Additional Premises broom clean but without any tenant improvements of any kind or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject nature being made thereto solely due to the review Existing Tenant failing to vacate and approval surrender possession 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 Additional Premises to Landlord prior to January 9, 1997. Upon Landlord's delivery to Tenant of possession of the Additional Premises for its intended purpose. broom clean but without any tenant improvements being made there to of any kind or nature, Tenant shall promptly deliver written notice to Landlord of its approval or disapproval of confirming same (however, any failure by Tenant to deliver to Landlord 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 shall not affect the effectiveness of the delivery Lease). By taking possession of the written reminder noticeAdditional Premises broom clean without any tenant improvements of any kind or nature being made thereto, the new Title Matter Tenant shall be deemed approvedto have accepted the Additional Premises in good condition and state of repair.
Appears in 1 contract
Samples: Lease Agreement (Jetfax Inc)
Premises. Landlord(a) Licensor hereby grants to Licensee the following rights (collectively, for the “License”): (i) a limited non-exclusive license to install, maintain and in consideration operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (the “Tower”), including one or more antennas at a centerline height of 350 feet above ground level on the rentsTower, covenants which is located on certain real property owned or leased by Licensor 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 more particularly described on Exhibit "“A" ” attached hereto and incorporated herein by this reference ("Land"the “Property”), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" and ("Work Letter"ii) a limited non-exclusive license to be constructed install, maintain, operate, remove and otherwise use Licensee’s equipment cabinet or compound and related devices owned by Landlord, including an approximately three hundred thirty thousand Licensee within a space consisting of a twenty (330,00020) square foot building portion of the Property identified as the operations site on Exhibit “B” attached hereto ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), the space in which the operations site is to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein occupied by Licensee on the Land Property and the Improvements Tower are hereinafter referred to collectively as 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 lawLicensor also grants Licensee, regulationin common with other Permittees entitled to use the same, rule, order or ordinance a non-exclusive reasonable right of any governmental entity applicable access to the Premises or twenty-four (24) hours per day, seven (7) days per week during the use or occupancy thereof, in effect on Initial Term and any Renewal Term (as hereinafter defined) for the execution purpose of this Lease or thereafter promulgatedinstalling and maintaining the equipment (as hereinafter defined). In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be The access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the review Premises, as well as other provision contained in the Agreement.
(c) The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and approval agrees that it has visited and inspected the Premises and hereby accepts the physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the condition or suitability of Tenant which approval shall not be withheld so long the Premises, including the Tower, or as to any engineering or other operational data. Licensee is solely responsible for determining all aspects as the new Title Matter does not materially suitability, acceptability, accuracy and adversely impair the use or occupancy by Tenant adequacy of the Premises for its Licensee’s intended purpose. Tenant use.
(d) Licensor shall deliver have the right, with no less than thirty (30) days’ prior written notice to Landlord of its approval Licensee, to require Licensee to relocate the Premises to another area within the Property, at Licensee’s sole cost expense, provided, however, that the area to which the Premises are relocated, whether in the building 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 on the delivery of the written reminder noticeTower, the new Title Matter shall be deemed approvedsubstantially similar in size and functionality to the Premises.
Appears in 1 contract
Samples: Communications Site License Agreement (Skybridge Wireless Inc)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby City leases to Tenant Tenant, and Tenant hereby leases from LandlordCity, upon those “Existing Hangar” 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 Leasehold Improvements described on Exhibit "A" , attached hereto and incorporated herein by this reference ("Land"collectively, the “Leased Premises” or “Premises”) to be used solely by Xxxxxx for the Authorized Activities as described in Section 4. The Leased Premises includes any all improvements made by the Tenant during the term of the Lease. Neither Tenant, nor any of its employees or agents, shall conduct, transact or otherwise carry on any business or service on the Premises that is not specifically authorized by this Lease.
3.1 Asphalt ramp space or concrete ramp space, for use in parking, maneuvering and maintaining Tenant’s vehicles and temporary storage of equipment and other items subject to the approval of the Director is referred to as (“the Ramp Area”). The Ramp Area, together if any, and the Leased Premises shall collectively be referred to as the Premises. The Premises includes gated asphalt, which is for auto parking only, unless express written authorization from the Director has been granted for other uses. All maintenance activity and related equipment parking is limited to the Leasehold Premises, as designated in Exhibit A. The Lessee intends to convert some of the ramp space to build out the Leasehold Improvements and at which time the amount of ramp space shall be modified. Tenant shall not conduct the activities authorized by this Section at any location on the Airport other than the location referred to herein in Exhibit A, unless authorized under another written agreement between City and Tenant.
3.2 “As-Is” Condition. Xxxxxx has carefully examined the Premises and is satisfied with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") current condition, subject to any improvements to be constructed by Landlord, including Tenant pursuant to this Lease. The Premises shall be leased to Tenant in 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"is” physical condition. Tenant acknowledges that this Lease is subordinate no representation or warranty has been made by City concerning the Premises’ nature, quality or suitability for the Authorized Uses, or for any other purpose. Xxxxxx accepts the Premises “as is”, and subject as being in good, safe and sanitary condition satisfactory for Tenant’s use. Subject to (a) the provisions of Sections 3.3 and 8 herein,Tenant assumes all liens, encumbrances, deeds risk and costs related to the development of trust, reservations, covenants, conditions, restrictions its Leasehold Improvements and its Authorized Uses and Tenant represents that it has made sufficient investigation with regard to the construction of its improvements and any other matters affecting relating to the Authorized Uses, Leasehold Improvements, and the Premises ("Title Matters") (i) to satisfy itself of all matters related thereto. No rights, easements or licenses, implied or otherwise, are or shall be acquired by Tenant hereunder except as expressly set forth in effect on this Lease. Without limiting the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") foregoing, Tenant acknowledges that City has made no representation or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance warranty regarding the existence of any governmental entity applicable to Hazardous Materials in, on, upon, under or about 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 approvedAirport.
Appears in 1 contract
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. Landlord also grants to Tenant the non-exclusive right to use the designated parking areas, upon and common service drives appurtenant to the Premises. Except to the extent modified herein and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel completion of land situated in the County of Riversidework described on Exhibit “B” attached hereto, and State except for the presence of California delineated on Exhibit "A" attached hereto any latent defects or Hazardous Substances existing on, in, under or about the Premises, Building, or the Project, the Premises are being leased “AS IS”, with Tenant accepting all defects, if any; and incorporated herein Landlord makes no warranty of any kind, express or implied, with respect to the Premises ("Land")without limitation, together with those certain Landlord's Improvements Landlord makes no warranty as defined to the habitability, fitness or suitability of the Premises for a particular purpose nor as to the absence of any toxic or otherwise hazardous substances except as expressly set forth 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"this Lease). Herein the Land and the Improvements are referred This Paragraph 1 is subject to collectively as the "Premises". any contrary requirements under applicable law; however, in this regard Tenant acknowledges that it has been given the opportunity to inspect the Project and to have qualified experts inspect the Project prior to the execution of this Lease. Notwithstanding anything in this Lease is subordinate to the contrary, as of the Premises Delivery Date, Landlord represents and subject warrants to Tenant that (a) all liensto Landlord’s knowledge, encumbrancesthere are no Hazardous Substances existing on, deeds of trustin, reservationsunder or about the Premises, covenantsBuilding, conditionsor the Project, 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 Premises, regulationBuilding, ruleProject, 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 and Landlord’s Work shall be subject to the review in compliance with all applicable federal, state and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially local laws, statutes, codes, rules, regulations, orders, permits 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 noticeother restrictions applicable thereto, including without limitation, the new Title Matter shall be deemed approvedAmericans with Disabilities Act of 1990, as amended, and the Texas Accessibility Standards, as amended, and all Environmental Laws.
Appears in 1 contract
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 (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. 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
Premises. Landlord, for For and in consideration of the rents, covenants and agreements hereinafter set forthcontained herein, Landlord does hereby leases lease to Tenant the following: an undivided one third portion of Unit 10A (collectively the “Premises”) in the Broadway Millennium Building, located at 00 X Xxxxxx, Xxxxxxx, Xxxxxxx (the “Building”). The Premises consist of a total of approximately 2131 gross square feet (useable interior office space and Tenant hereby leases from Landlord, upon and subject common area appurtenant and/or allocated to the termsPremises), covenants Tenant’s portion of Unit 10A is an unallocated and conditions hereinafter set forth, all that certain parcel of land situated undivided 710.33 gross square feet. The Premises are generally described in the County of Riverside, and State of California delineated on Exhibit "A" A attached hereto and incorporated herein ("Land")by this reference. As long as this Lease remains in effect and Tenant is not in default hereunder beyond any applicable period of notice and cure, together Tenant shall have the nonexclusive right to use, in common 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") other tenants, subtenants, employees and invitees, all other improvementsentrances, machinerystairs, equipmentrestrooms and service corridors; trash enclosure, fixtures maintenance, mechanical, electrical and telephone rooms; and other property public portions of the Building not leased or designated for the exclusive use of specific tenants or other occupants of Building and that are designated for the common use of all tenants and occupants of the Building (the “Common Area”); provided, however, that Landlord shall have the right at any time, upon reasonable advance notice to Tenant (except Tenant's trade fixturesin case of emergency, when no advance notice will be required), to be installed exclude access to or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein from the Land and the Improvements are referred to collectively Common Area 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 Landlord may reasonably determine so long 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 reasonable access to the Premises is not unreasonably denied. All of the outside walls and windows of the Premises and any space in the Premises used for shafts, stacks, pipes, conduits, ducts, and electric or other utilities, sinks, or other Building facilities, and the use or occupancy thereofthereof and access thereto through the Premises for the purpose of operation, in effect on the execution of this Lease or thereafter promulgated. In the event thatreplacement, after the Effective Date any new Title Matters appear of recordmaintenance and repair, such matters shall be subject are reserved to the review and approval of Tenant which approval Landlord; provided, however, Landlord shall not be withheld so long as block any of the new Title Matter does not windows in the Premises or otherwise materially and adversely impair affect Tenant’s business operations in the Premises through its use or occupancy by of any of the foregoing, and any access through the Premises for such use shall be after reasonable prior notice to Tenant during reasonable times. Xxxxxx acknowledges and agrees that it will share the interior and exterior of Unit 10A, along with two parking spaces, with other tenants, including, the Xxxxxxx Hole Wildlife Foundation and the Meridian Group, Inc. (“Co-Tenants”) Tenant shall obtain an agreement between Tenant and Co-Tenants within Unit 10A as to how the Premises and assigned parking spaces are to be divided between them (“Co-Tenant Agreement”). Such division of the Premises for its intended purpose. Tenant and parking spaces 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 be between 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 approvedCo-Tenants and not involve Landlord.
Appears in 1 contract
Samples: Lease Agreement
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases Premises to Tenant Tenant, and Tenant hereby leases from Landlordand accepts certain Premises located on a Property owned by the Landlord with a street address of 0000 Xxxxxxxxx Xxxxxx Xxxxxxxxx , upon and subject to Xxxxxxxxx, Xxxxxxxxx, the terms, covenants and conditions hereinafter set forth, all that certain Demised Premises (the "Demised Premises" or “Premises") herein being approximately: Four thousand three hundred twelve (4,312) square feet one story building on an approximately 0.89 acre parcel of land situated further identified as Parcel 068KC00215, and as shown on the site plan attached as Exhibit A. Xxxxxxxx will perform the remodeling and deliver the Premises in the County condition as described on Exhibit B attached hereto. The term “Property” for the purposes of Riversidethis Lease, shall mean the entire development, driveways, parking facilities, utilities facilities, and State of California delineated the like as shown 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 A and incorporated herein by Landlordreference, 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 Premises are referred to collectively as a portion of the "Premises"Property. Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds All portions of trust, reservations, covenants, conditions, restrictions and other matters affecting the Property excluding the Premises ("Title Matters"the “Building Facilities”) (i) in effect on shall at all times be subject to the Effective Date exclusive control and management of Landlord. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the use of the Building Facilities. The Tenant shall have the right, subject to the terms 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 Agreement to the Premises or use of the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgatedBuilding Facilities. In the event thatof an emergency, after Landlord shall have the Effective Date right at any new Title Matters appear of recordand all times to make repairs, such matters shall be subject changes or additions to the review Building Facilities. Landlord shall use reasonable efforts to provide Tenant with as much advance notice as possible in the event of an emergency. In non- emergency situations, upon a minimum of thirty (30) days’ advance written notice to Tenant, Landlord shall have the right to change the size, area or arrangement of the parking areas or the lighting thereof, and approval to enter into agreements with adjacent owners for cross-easements for parking, ingress, egress, delivery, and the installation of Tenant which approval shall not be withheld so long as the new Title Matter does utility lines, provided that said change will not materially and adversely impair interfere with Tenant’s business within and access to the use Premises. In the event said change or occupancy by additions disrupt Tenant’s normal operations for more than 48 consecutive hours, then Xxxxxx’s rent shall xxxxx on every day Tenant of is unable to operate in the Premises for its intended purposePremises. Non-operative vehicles are not permitted at the Property. 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 not use any portion of the delivery Building Facilities for permanent or temporary storage of inoperative vehicles, without the prior written reminder notice, the new Title Matter shall be deemed approvedconsent of Landlord.
Appears in 1 contract
Samples: Lease Agreement
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 hires from Landlord, upon and subject to Landlord the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated Premises identified in Article I 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 excluding (a) all liensthe common stairways, encumbrancesstairwells, deeds elevators and elevator xxxxx, the exterior faces of trustthe exterior walls, 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 pipes, regulationducts, ruleconduits, order or ordinance wires and appurtenant fixtures serving the Premises and/or other parts of any governmental entity applicable the Building, and reserving to the Premises Landlord the right to relocate same within or without the Premises, upon reasonable advance notice to Tenant, and in such a manner as to minimize interference with Tenant’s business operations (except for emergencies).
(b) Tenant, its agents, employees and invitees shall have, in common with other tenants of Landlord and their respective agents, employees and invitees, the use or occupancy thereofof the common areas of the Building, the Lot and the Garage, subject to parking privileges and the Rules and Regulations set forth in Exhibits “A” and “B” annexed hereto.
(c) Tenant, in effect on common with other tenants of the execution of this Lease or thereafter promulgated. In Building and the event thatLandlord, 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 have the use or occupancy by Tenant of the area above the ceilings in the Premises for its intended purpose. cabling, wiring, piping, and associated uses, at no additional rent.
(d) Tenant may, at Tenant’s expense, install a satellite dish and/or an antenna on the roof of the Building or on a structure located thereon provided (i) Tenant shall deliver written notice promptly repair all roof punctures made on account thereof, (ii) Tenant shall place such items as Landlord shall direct, and (iii) wiring to Landlord of its approval or disapproval of any 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 installation shall comply with all codes applicable thereto 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 approvedeffected by contractors reasonably satisfactory to Landlord.
Appears in 1 contract
Samples: Lease (CNB Financial Corp.)
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
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 Dxxxxxx 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
Premises. Landlord hereby Leases and lets to Tenant, and Tenant hereby takes and hires from Landlord, for the Term 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 terms and conditions hereinafter set forthforth in this Lease, 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 trusteasements, reservationsagreements, covenants, conditionsrestrictions, restrictions zoning laws and governmental or any other regulations now or hereafter affecting or governing the Shopping Center, the following described premises (the “Premises”): All of that certain tract, piece or parcel of land together with any and all improvements thereto (except as provided herein below), including, without limitation a certain building (the “Building”) containing approximately 2,540 square feet of area on the first and second floors, all as shown in heavy outline on the site plan annexed hereto as Exhibit A. together with the appurtenant right, as provided in Section 6(c) (1) of this Lease, to use in common with Landlord and others to whom Landlord shall grant such rights, the Parking Areas and other matters affecting Common Areas within the Shopping Center. The Premises are leased to Tenant subject to (1) the right of Landlord, its customers, tenants, employees, licensees and invitees to use, in common with Tenant, the roadways, walkways and drives located on the Premises, and (2) the right of Landlord, its agents, employees and contractors, to install, maintain, repair and replace from time to time above ground and underground sewer, drainage and other utility pipes, lines and conduits across the Premises to serve other portions of the Shopping Center ("Title Matters") any such utilities serving other portions of the Shopping Center, including any existing on the Commencement Date, being deemed “Common Facilities” and not part of the Premises demised to Tenant), and to enter upon the Premises for such purposes, provided that (i) in effect on Landlord shall make reasonable efforts to expedite any such installation, maintenance, repair or replacement requiring entry upon the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or Premises, (ii) approved or deemed approved pursuant to this Section 1.1any new installation shall not unreasonably interfere with Tenant’s use of the Premises, ("Permitted Encumbrances") and (biii) any lawfollowing each such entry, regulation, rule, order or ordinance of any governmental entity applicable to Landlord shall restore 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 surface of the Premises for its intended purposeto the condition prevailing immediately prior to such entry. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord The Building is leased to Tenant of such new Title Matter. If Tenant fails “as is” without warranty or representation, either express or implied, as to respond within such ten (10) day period its condition or repair, and Landlord delivers all responsibility to place the Building in 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 tenantable condition suitable for Tenant’s business purposes shall be deemed approvedTenant’s, as provided in Section 9 hereof and elsewhere in this Lease.
Appears in 1 contract
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 the Premises described in Article 1d., subject, nevertheless, to all of the terms and conditions of this Lease. Calculation of the actual Rentable Area of the Premises and Building shall be performed by Landlord's architect, which calculation shall be conclusive and binding upon Landlord and Tenant. Except as used in Sections 9, 11(b), 20, 21, 44, 46 and 64, the term "Building" shall mean the structure in which the Premises are located. Tenant acknowledges that Landlord is contemplating constructing, although is not obligated to construct, buildings and improvements on the Parcel in addition to the Building in which the Premises are located. Landlord reserves the right to construct such additional buildings and improvements, if any, in phases, and to modify the design, size, location, and use of such additional buildings and improvements. As used in this Lease, the term "Parcel" shall beam the parcel of land described on Exhibit "B" annexed hereto, as the same may be subdivided from time to time, in which event "Parcel" shall mean all of the subdivided parcels. Landlord reserves the right to subdivide the Parcel from time to time into two (2) more parcels in such manner as Landlord determines. For purposes of references, a site plan (the "Site Plan") is attached hereto as Exhibit "B", showing the general location of the land upon which the Building containing the Premises is located, the location of the Exterior Common Area, and the remainder of the Parcel. The land comprising that portion of the Parcel on which the Building containing the Premises is located is depicted on the Site Plan, and is hereinafter referred to, as the "Phase I Pad". The portion of the Parcel other than the Phase I Pad and the Exterior Common Area is depicted on the Site Plan, and is hereinafter referred to, as the "Phase II Pad". The Parcel, building and all other improvements now or hereafter located on the Parcel, if any, are herein sometimes referred to as the "Project". Tenant acknowledges that as currently contemplated by Landlord, upon the first floor of the Building will be devoted to retail use and the second through fifth floors of the Building will be devoted to office use; provided, however, that nothing in this Lease shall be deemed to require Landlord to utilize the Building at any time during the term of this Lease as currently contemplated by Landlord. As used in this Lease, the term "Retail Space" shall refer to that portion of the Building leased to, or intended to lease to, retail tenants from time to time, and the term "Office Space" shall mean and refer to that portion of the Building leased to, or intended to be leased to, office tenants from time to time. Tenant acknowledges that Landlord may from time to time reconfigure the location of buildings, driveways, landscaped areas and other improvements within the Project. "Exterior Common Area" is defined in Article 55. This Lease is subject to all of the terms, covenants and conditions hereinafter set forthforth in this Lease. 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 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 kept by Tenant of under 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: Office Lease (QCS Net Corp)
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 a portion of the Project Property, upon and subject to the terms, covenants and conditions hereinafter set forth, all consisting of that certain parcel of land situated in real property depicted on 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 Plot Plan attached hereto as Exhibit "B" ("Work Letter") A, and all structures, buildings and all appurtenances, hereditaments, and easements thereon, including the greenhouse and packing facility to be constructed by Landlordthereon (collectively, 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").
(b) In addition, Landlord hereby grants Tenant a nonexclusive easement for the Term of this Lease for the use of the auxiliary equipment the Project building located on Property and depicted on the Plot Plan attached hereto as Exhibit B (the "Auxiliary Building") for the purpose of access to and repair, maintenance and replacement of the emergency boilers, the fertilizer/irrigation system and any other equipment under the control of Tenant relating to the operation of the Premises and located in the Auxiliary Building.
(c) The Premises shall consist of an approximately 18-acre greenhouse facility and an approximately 12,000 square feet packing facility (which facility will include packing, storage and office facilities). Tenant acknowledges It is the parties' intention that the Premises consist of the greenhouse and the packing facility to be constructed on the Project Property approximately in the location depicted on Exhibit A attached hereto and that this Lease and the definition of "Premises" herein shall cover all such facilities, even if not constructed in the exact location depicted on Exhibit A attached hereto. It is subordinate also the parties' intention that the easement to use the Auxiliary Building granted pursuant to paragraph 1(b) above cover such building even if not constructed in the exact location depicted on Exhibit B attached hereto. At such time as the greenhouse facility, packing facility and subject Auxiliary Building have been constructed Landlord and Tenant shall enter into an amendment to (a) all liens, encumbrances, deeds this Lease incorporating the description of trust, reservations, covenants, conditions, restrictions the greenhouse and other matters affecting packing facility set forth on such survey as the description of the Premises and the description of the auxiliary building set forth on such survey as the description of the Auxiliary Building.
("Title Matters"d) (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 Landlord warrants that so long as the new Title Matter does Tenant is not materially in default hereunder, Tenant shall have peaceful and adversely impair the quiet use or occupancy by Tenant and possession of the Premises for its intended purpose. Tenant shall deliver written notice Premises, subject to Landlord any mortgage and all matters of its approval record or disapproval of such Title Matters within ten (10) days after delivery by Landlord other agreements 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 which this Lease is or hereafter may be deemed approvedsubordinated.
Appears in 1 contract
Samples: Greenhouse Lease Agreement (Colorado Greenhouse Holdings 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. 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
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. Landlord(a) For the Term defined in this Lease, for Landlord does hereby lease and in consideration of the rentsdemise to Tenant, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant does hereby leases hire and take from Landlord, upon the following described premises in the building located at and subject to commonly known as 0000 Xxxxxxxxx Xxxx (hereinafter called the terms, covenants and conditions hereinafter set forth, all that certain parcel of land “Building”) situated in the County city of RiversideTaylorsville, and State of California delineated Utah, to wit: 21,849 square feet of net rentable space on Exhibit "A" the third floor, as shown crosshatched on the floor plan(s) attached hereto and incorporated herein as EXHIBIT A ("Land"hereinafter called the “Premises”), ; together with those certain Landlord's Improvements any and all appurtenances, rights, privileges and easements pertaining thereto including, but not limited to, the non-exclusive right to use in common with Landlord and other occupants of the Building such elevators, stairways, corridors, entranceways, rest rooms, walkways, roadways, driveways, loading docks, parking facilities and other similar or related facilities as defined may exist in and about the Work Letter attached hereto Building and “Land” (as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building"hereinafter defined) and be generally available to all other improvementsoccupants of the Building or be reasonably necessary for Tenant’s use and enjoyment of the Premises for the purposes set out in Paragraph 2 hereof (hereinafter collectively called the “Common Areas”). The Building is a 4-story building containing approximately 113,224 square feet of net rentable space, machineryand the parcel of land upon which the Building is located (herein called “Land”) consists of approximately 6.527 acres. A plot plan of the Land, equipment, fixtures Building and other property (except Tenant's trade fixtures), to be installed or located thereon improvements is attached as EXHIBIT B. Landlord represents and all additions, alterations and replacements thereof (collectively "Improvements"). Herein warrants that Landlord is the fee owner of the Land and the Improvements are referred has full right and authority 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 lease the Premises to Tenant on the terms and conditions set forth in this Lease.
("Title Matters"b) Landlord hereby assigns, transfers, and conveys to Tenant, AS IS, without warranty, the furniture and equipment listed and described in EXHIBIT C (ihereinafter called the “Personal Property”).
(c) in effect on Tenant shall also have the right to use during the Term (as defined herein) of this Lease, AS IS, without warranty, any cabling and data infrastructure existing at the Premises as of the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein Lease.
("Preliminary Report"d) or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance Landlord will provide an allowance of any governmental entity applicable to $0.10 per net rentable square foot at the Premises to cover the cost of a preliminary test fit by Tenant’s architect. This allowance will be in the form of a credit against Rents otherwise owed hereunder by Tenant.
(e) The parties are exploring the possibility of expanding the Premises to include also a certain amount of space on the first/main floor or the use or occupancy thereofthird floor, in effect on as the execution case may be, of the Building for Information Technology infrastructure. If the parties reach an agreement to so expand the Premises, then notwithstanding the foregoing provisions of this Paragraph 1.1 for all purposes of this Lease or thereafter promulgated. In (including without limitation Paragraphs 1.1(a), 1.1(d), the event thatcalculation of Base Rent under Paragraph 4.1, after Additional Rent under Paragraph 4.2 and the Effective Date any new Title Matters appear calculation of recordTenant’s Share, such matters the TIA under Paragraph 7.1(a)) the net rentable square footage under this Lease shall be subject increased by such additional space on the first/main floor. The parties shall memorialize, in an addendum to the review and approval of Tenant which approval shall not this Lease to be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy signed by Tenant both parties, any such agreed upon expansion of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord Premises, consistent with the last sentence 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 approvedParagraph 38.8.
Appears in 1 contract
Samples: Lease (Otix Global, Inc.)
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
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
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. Landlord, for and in consideration Option to Purchase The parties are signing this Lease as of the rentsEffective Date. By: By: Exhibit B Option to Purchase This Option to Purchase is attached to and made a part of that certain Lease (the “Lease”) dated , covenants 20 by and agreements hereinafter between , a (the “Landlord”), and , a (the “Tenant”). Capitalized terms used in this Option to Purchase and not defined herein will have the meaning ascribed to such term as set forthforth in the Lease. The Landlord hereby grants to the Tenant the right and option to purchase (the “Option to Purchase”) the Landlord’s interest in and to the Premises. The Tenant’s Option to Purchase shall grant the Tenant the right to acquire the entire Premises. The Option to Purchase shall be exercised by the Tenant giving written notice to the Landlord of such exercise no later than “Closing Date”), hereby leases but which Closing Date shall not be later than the later of: (1) 180 days following the exercise of the Tenant’s Option to Purchase or (2) 60 days after the date on which the Landlord has delivered to the Tenant all of the following: (A) title policy insuring the Landlord’s ownership interest, (B) all title exception documents and the vesting deed(s); (C) all environmental reports and environmental permits prepared for the Landlord or in the Xxxxxxxx’s possession and control; (D) any code violation and condemnation notices; (E) evidence of entity authorization to enter into and perform this Option to Purchase; (F) tax bills, special assessments, and owner’s association assessments (from the past two years); (G) maintenance and service contract records (from the past two years); and (H) a letter from the Landlord certifying that it has delivered full and complete copies of the foregoing (collectively, “Landlord’s Diligence Deliverables”), unless the parties agree otherwise in writing. If the Option to Purchase is exercised by the Tenant as aforesaid, then the purchase price to be paid by the Tenant to the Landlord on the Closing Date shall equal the sum of $ (the “Purchase Price”), as adjusted at Closing (as defined below) by prorations made in accordance with this Lease and further reduced by a credit of 10% for the amount of all Rent paid to the Landlord up to and including the Closing Date. The Landlord will be solely responsible for payment of any prepayment penalty, fee, or cost due to the Landlord’s lender or financial institution resulting from the Tenant’s exercise of the Option to Purchase and the mandatory payoff of the Landlord’s lender, if any. The Purchase Price shall be paid by wire transfer of good funds delivered first to the title company, in escrow, and then by the title company to the Landlord. The Tenant shall pay Rent to the Landlord up to and including the Closing Date, which Rent shall be pro-rated as appropriate. The items listed herein shall be adjusted between the Landlord and Tenant hereby leases as of the Closing Date, shall be added to or subtracted from Landlord, upon the Purchase Price and subject to shall be reflected on a closing statement (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"“Closing Statement”) to be constructed prepared by Landlordthe title company based upon the information provided to it by the Landlord and the Tenant at Closing, which information the parties agree to provide. The Tenant shall pay the following costs of Closing the purchase of the Premises: (1) the cost of any title endorsements the Tenant desires to purchase and any lender’s policy; (2) 50% of the cost of any surveys or environmental reports; (3) all of the cost of any other due diligence the Tenant desires to perform (other than survey or environmental reports) including an approximately three hundred thirty thousand any physical condition assessment; (330,0004) square foot building the costs of the Tenant’s attorneys and third party consultants; and ("Building"5) 50% of the charges of the title insurance company serving as the Closing agent for the Closing of the purchase and all sale. The Tenant will have, in addition to its other improvementsrights and remedies set forth herein, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), the right to deduct from the Purchase Price to be installed paid at Closing an amount sufficient to pay the cost of placing the Premises in the condition as required by the Lease, net of any insurance proceeds assigned or located thereon and all additions, alterations and replacements thereof otherwise available to the Tenant. The Landlord shall pay the following costs of Closing the sale of the Premises: (collectively "Improvements"). Herein 1) the Land and cost of the Improvements are referred to collectively as Tenant’s title insurance premium; (2) the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all cost of releasing any liens, encumbrances, deeds or other title which are not exceptions and which can be removed with the payment of trustmoney unless and to the extent that such liens, reservationsencumbrances or title exceptions are caused by the Tenant or have been consented to by the Tenant in writing (“Permitted Exceptions”); (3) any and all transfer taxes, covenantsdeed stamps, conditionsor other taxes due in connection with the sale or conveyance of the Premises; (4) 50% of the cost of any surveys or environmental reports; (5) the costs of the Landlord’s attorneys and third party consultants; and (6) 50% of the charges of the title insurance company serving as the Closing agent for the Closing of the purchase and sale. The Landlord agrees to indemnify, restrictions defend, and other matters affecting hold harmless the Tenant from and against any and all liability and expense arising from all claims for commission arising out of the execution and delivery of this Option to Purchase or Closing on the transaction contemplated hereby, if the person claiming the commission claims to have been hired by the Landlord. The Tenant’s obligation to purchase the Premises ("Title Matters") (i) after exercising its Option to Purchase will be contingent on its due diligence review of the Premises and all things and matters related thereto, including without limitation, performing environmental studies, surveys and assessments, as the Tenant deems appropriate. The Landlord shall cooperate with the Tenant in effect the collection of any diligence information. On the Closing Date, the Landlord shall tender fee simple ownership of the Premises to the Tenant with all plumbing systems, electrical systems, heating, ventilating, and air conditioning systems and equipment in the same condition as required under the Lease. The closing on the Effective Date purchase and sale of the Premises as contemplated herein (the “Closing”) will occur in at the offices of a reputable title company selected by the Tenant. A party to this Lease will not be required to be present in person at such Closing if such party has delivered all of the items it is required to deliver at the Closing to the title company on or before the Closing; provided however, that if such items have been delivered to the title company with escrow instructions, such instructions shall not be inconsistent with the provisions of this Lease. If any such instructions conflict with the provisions of this Lease, the provisions of this Lease as specified will govern. The Closing must be conducted in Exhibit "C" attached hereto and incorporated herein accordance with the standard closing practices of such title company ("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 taking into account 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 respective obligations of the Premises for its intended purposeparties under this Lease). Tenant On the Closing Date, the Landlord shall execute and 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 noticeor its designee), the new Title Matter shall be deemed approved.following:
Appears in 1 contract
Samples: Commercial Lease Agreement
Premises. Landlord, for The real property 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 described on SCHEDULE 3.11 represent all the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in real property owned (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 LetterCNS OWNED PREMISES") to be constructed by Landlord, including an approximately three hundred thirty thousand or leased or subleased (330,000) square foot building (the "BuildingCNS LEASED PREMISES") and all other improvementsthe real property leases and subleases (the "CNS LEASES") entered into or assumed by CNS or any CNS Subsidiary, machineryand, equipmentwith respect to the Leased Properties, fixtures SCHEDULE 3.11 sets forth the date of the lease and each amendment thereto and the aggregate annual rental payments and other property (fees payable under such lease. Each of the CNS Leases is in full force and effect, and there is not under any of the CNS Leases any existing default or event of default or event which with notice or lapse of time or both would constitute such a default or event of default, except Tenant's trade fixtures), for any such defaults or notices that singly or in the aggregate could not reasonably be expected to result in a CNS Material Adverse Change. CNS and each CNS Subsidiary has good and marketable title to each of the CNS Owned Premises and each CNS Lease conveys good and marketable leasehold title to the CNS Leased Premises purported to be installed conveyed thereunder, is enforceable by CNS or located thereon any CNS Subsidiary which is the lessee thereunder, provides exclusive possession of the CNS Leased Premises leased thereunder, and following the Transactions will continue to be enforceable in accordance with its terms. CNS or any CNS Subsidiary which is the lessee of each respective CNS Leased Premises has the right to use its respective CNS Leased Premises in accordance with the terms of each respective CNS Lease free and clear of all additionsClaims. Each of the CNS Leased Premises is adequately maintained, alterations fully equipped with all necessary utilities and replacements thereof (collectively "Improvements")is in reasonably satisfactory condition and repair, consistent with the uses to which it is presently being put or intended to be put. Herein To the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease Knowledge of CNS, there 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 no violation of any governmental entity applicable material covenant, restriction or other agreement or understanding, oral or written, affecting or relating to title or use of any CNS Leased Premises. Neither CNS nor any CNS Subsidiary has received notice of any pending or threatened condemnation or similar proceedings or any assessments affecting any of the CNS Leased Premises, nor to the Premises Knowledge of CNS is any such condemnation or the use or occupancy thereofassessment contemplated by any Governmental Authority. CNS has delivered to ICSL and CSL true and correct copies of all CNS Leases, 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 as amended 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: Merger Agreement (Innovative Clinical Solutions LTD)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Section 2.1. The Landlord hereby leases to the Tenant and the Tenant hereby leases from the Landlord, upon and subject to the termsterms and provisions of this lease, covenants the portion of the building (which portion is sometimes hereinafter referred to as the “demised premises”) shown on Exhibit “A” hereto annexed and conditions hereinafter set forth, all that certain parcel made a part hereof as Vitamin World containing approximately 1,500 square feet of land situated floor area. Excepting and reserving to the Landlord the roof and exterior walls of the building or buildings of which the demised premises are a part; and further reserving to the Landlord the right to place in the County demised premises (in such manner as to reduce to a minimum the interference with the Tenant’s use of Riversidethe demised premises) utility lines, pipes, and State of California delineated on Exhibit "A" attached hereto the like, to serve premises other than the demised premises, and incorporated herein ("Land")to replace and maintain and repair such utility lines, together with those certain Landlord's Improvements pipes and the like in, over and upon the demised premises as defined may have been installed in the Work Letter attached hereto building.
Section 2.2. The term “Shopping Center” wherever used in this lease is hereby defined to mean only the “Developer’s Tract” portion of the Warwick Mall development (located in Warwick, RI, and comprised of three (3) tracts; namely, the Developer’s Tract, the Macy’s Tract and the Filene’s Tract) as indicated on said Exhibit "B" “A”, including any and all structures, parking facilities, roadways, common facilities and the like built ("Work Letter") or to be constructed by Landlordbuilt) thereon, 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 same may from time to time be reduced by eminent domain takings, dedications to public authorities, or exclusions by the Landlord (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 the Tenant) of portions thereof, or increased by the addition of other lands together with structures and the like thereon which may from time to time be designated by the Landlord, by written notice to the Tenant, as constituting a part of the Shopping Center. Anything in this lease to the contrary notwithstanding, it is expressly understood and agreed that the designation or use from time to time of portions of the Shopping Center as common areas shall not restrict the Landlord’s use, as it determines for its approval or disapproval exclusive benefit, of such Title Matters within ten (10) days after delivery by areas for buildings or structures and/or for retail or such other purposes as 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 shall determine, including, without limitation, the expansion or remodeling of the delivery Shopping Center to include one or more converted or new department stores, other Major Stores and small stores (on the present and/or additional levels), the Landlord hereby reserving the unrestricted right to build, add to, subtract from, lease, license, relocate and/or otherwise use (permanently and/or temporarily) any buildings, structures and roadways anywhere upon, and make use of areas within, the Shopping Center, including but without limitation, the right to erect and maintain any number of so-called “kiosks”, etc., anywhere within the enclosed malls or other common areas of the written reminder noticeShopping Center, the new Title Matter for retail or such other purposes as Landlord shall be deemed approveddetermine.
Appears in 1 contract
Samples: Lease Agreement (Nbty Inc)
Premises. LandlordThe Premises as described in ¶1 and Exhibit A, for are a portion of a building, herein sometimes referred to as the “Building” identified in ¶1. The Premises, the Building, the Common Areas, the land upon which the same are located, along with all other buildings and improvements thereon or thereunder, are herein collectively referred to as the “Business Park” as described in consideration of the rents, covenants ¶1 and agreements hereinafter set forth, Exhibit B. Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord for the Term (as defined below), at the rental, and upon and all of the conditions set forth herein, the real property referred to in the Basic Lease Terms, ¶1, as the “Premises”, including rights to the Common Areas as hereinafter specified. Subject to any additional work Landlord has agreed herein to do, 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 terms, covenants and conditions hereinafter set forth, all that certain parcel use of land situated in the County of RiversidePremises, and State accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Notwithstanding the foregoing, Landlord warrants that (i) to Landlord’s knowledge (without any duty of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"investigation or inquiry), together the Premises, the Building and the Business Park comply with those certain Landlord's Improvements all applicable laws, rules, regulations, codes, ordinances, underwriters’ requirements, covenants, conditions and restrictions (“Laws”) as defined of the Commencement Date, (ii) the Premises will be in good and clean operating condition and repair as of the Work Letter attached hereto Commencement Date, (iii) the electrical, mechanical, HVAC, plumbing, sewer, elevator and other systems serving the Premises and the Building will be in good operating condition and repair as Exhibit "B" of the Commencement Date, and ("Work Letter"iv) the roof of the Building will be in good condition and water tight as of the Commencement Date. Said warranty does not apply to the use to which Tenant will put the Premises, modifications which may be required by the ADA or similar laws as a result of Tenant’s use, or to any Alterations made or to be constructed made by Tenant. Landlord shall, promptly after receipt of notice from Tenant, remedy any non-compliance with such warranty at Landlord’s sole cost and expense; provided, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") however, if Tenant does not give Landlord written notice of a non-compliance with said warranty within 180 days after the Commencement Date, correction of that non-compliance shall be the obligation of Tenant at Tenant’s sole cost 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"expense. Tenant acknowledges that agrees with the square footage specified for the Premises in ¶1 and will not hereafter challenge such determination and agreement. The rental payable by Tenant pursuant to this Lease is subordinate and not subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting revision in 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 event of any governmental entity applicable to discrepancy in the Premises or rentable square footage for 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 approvedPremises.
Appears in 1 contract
Samples: Standard NNN Lease (3PAR 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 premises (the "Premises") presently known, as of land situated the date of this Lease, as 4435 Xxxxxxx Xxxxx, xxtuated in the County City of RiversideSan Jose, and State Xxunty of California delineated on Exhibit Santa Clarx, Xxate of California, described as follows: for purposes of this Lease, the rentable square footage area of the Building shall be deemed to be approximately seventy-seven thousand eight hundred five (77,805) 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 ~An. 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 ("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"2) or (ii) approved more legal parcels, the term "Parcel" shall thereafter refer to the legal parcel on which the Premise are located. Landlord shall not be required to make any alterations, additions 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 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 Premises shall be subject leased to Tenant in an "as-is" condition, except Landlord shall complete, at Landlord's expense, minor, previously planned, structural improvements and modifications required by the Americans with Disabilities Act (ADA) with regard to the review and approval of Tenant which approval existing Premises. Landlord shall not be withheld so long as responsible to pay or the new Title Matter does cost of any improvements required to comply with ADA which is a result of any work of improvement to the Premises initiated or completed by Tenant. If Landlord's Work is not materially completed prior to Commencement Date, Tenant shall cooperate with Landlord and adversely impair Landlord's contractor in the performance of Landlord's Work. To the extent Landlord's Work interferes with Tenant's use or occupancy by Tenant of the Premises, the Monthly Installment of rent shall be reduced during the period of such interference in proportion to the square footage of the area of the Premises for its intended purpose. which is not usable by Tenant shall deliver written notice to Landlord during the performance 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 approvedLandlord's Work.
Appears in 1 contract
Premises. Landlord, Landlord hereby leases to Tenant for the term and in consideration of upon the rents, covenants and agreements hereinafter set forth, hereby leases (a) a parcel of property in the City of COLUMBUS, County of DELAWARE, and the State of OHIO, containing FOUR AND THREE HUNDRED FIFTY EIGHT THOUSANDS (4.358) acres of land (the "Premises") located adjacent to Tenant the shopping center designated as POLARIS FASHION PLACE, or by such other name as Landlord may, from time to time hereafter designate (the "Shopping Center") and Tenant hereby leases from (b) the right and easement to use in common with others entrances, roadways, service drives, parking lots and other access areas located in or serving the Shopping Center and/or located in or serving the outparcels adjacent thereto which are owned by Landlord, upon as more fully set forth in Article V hereof. The Premises are shown on the site plan attached hereto and subject to the termsmade a part hereof as Exhibit "A", covenants and conditions hereinafter set forth, all that certain parcel of land situated more particularly described in the County legal description attached hereto and made a part hereof as Exhibit "B". In the event of Riverside, and State any inconsistency between the site plan of California delineated on the Premises attached hereto as Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter legal description attached hereto as Exhibit "B", the legal description on Exhibit "B" shall be the authoritative description. Notwithstanding the foregoing, however, Landlord agrees not to modify the Access Easement Area ("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 fixturesas defined in Section 5.02 hereof), without the prior written consent of Tenant, which consent Tenant agrees not to be installed unreasonably withhold or located thereon and all additionsdelay. Landlord further agrees to use commercially reasonable efforts not to materially interfere with access to, 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 liensor visibility of, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on from the Effective Date Shopping Center during the term 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 it develops the 1.617 acre parcel adjacent to the Premises or the use or occupancy thereofshown on Exhibit A, 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 page 2 hereof (hereinafter known 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"Parcel C").
Appears in 1 contract
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, subject to Section 6 of Exhibit C and except that certain parcel of land situated in Landlord shall complete: (i) Landlord’s Work pursuant to this Section 2; and (ii) the County of Riverside, and State of California delineated on Leasehold Improvements pursuant to Exhibit "A" C attached hereto and incorporated herein further, Landlord shall perform all of its obligations under this Lease.
("Land"), together with those certain b) At Landlord's Improvements ’s sole cost and expense (and not applied to the Improvement Allowance (as defined in Exhibit C)), Landlord shall complete the Work Letter work necessary to deliver the completed construction shown and/or described in the plans and specifications in: (I) the Base Building Construction Documents (as defined in Exhibit C); and (II) Exhibit F attached hereto, and not otherwise designated as Tenant’s work or as part of the Improvement Allowance, subject to modifications as Landlord may require in its commercially reasonable judgment, but subject to the limitations for changes described in (i) and (ii) below in this paragraph (“Landlord’s Work”). A reasonable approximation of the Project to be constructed is shown on the preliminary renderings attached hereto as Exhibit "B" ("Work Letter") J. Notwithstanding anything to be constructed by Landlordthe contrary in this Lease, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") all of the plans and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed specifications in the Base Building Construction Documents or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements attached hereto as Exhibit F 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 modifications without Tenant’s consent to the Premises ("Title Matters") extent either: (i) in effect on required by the Effective Date City of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") Austin or to comply with Laws, or otherwise necessary to obtain a certificate of occupancy; 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 each such modification does not unreasonably interfere with 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 enjoyment of the Premises in any material manner or negatively impact the overall aesthetics of the Building in a material manner or cause the cost of Leasehold Improvements to increase unless Landlord shall increase the Improvement Allowance to pay for its intended purposesuch additional cost; all other modifications to Exhibit F require Tenant’s prior consent, not to be unreasonably withheld, conditioned, or delayed.
(c) Landlord agrees to diligently pursue Substantial Completion of Landlord’s Work (as such phrase is defined below) substantially in accordance with the Base Building Construction Documents (as defined in Exhibit C). Tenant Landlord shall deliver written notice use commercially reasonable efforts to commence and diligently prosecute to completion Landlord’s Work. Landlord obtained a full and final site development permit for Landlord’s Work on September 20, 2017. “Substantial Completion of Landlord’s Work” means the substantial completion of Landlord’s Work, as evidenced by a (i) Certificate of Substantial Completion on AIA Document G704-2000 issued by Landlord’s Architect, and (ii) the receipt by Landlord of its approval a temporary or disapproval permanent Certificate of such Title Matters within ten (10) days after delivery Occupancy issued by Landlord to Tenant the City of such new Title Matter. If Tenant fails to respond within such ten (10) day period Austin for the Building 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 approvedParking Garage.
Appears in 1 contract
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
Premises. LandlordSubject to the conditions hereinafter expressed, Lessor, 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 lease, rent, let, and demise unto Lessee, and Lessee does hereby take, accept, hire, and lease from Lessor, the Premises (as further described in and shown on Exhibit A, as such Exhibit A may be amended in accordance with the provisions of this Lease) for the sole and exclusive purpose of conducting the Permitted Use and designing, constructing, operating, maintaining, repairing, and expanding the Permitted Improvements. Appurtenant to Tenant and Tenant hereby leases from LandlordLessee’s rights to the Premises is the non-exclusive right, upon and subject to the termsterms set forth herein, covenants and conditions hereinafter set forthto use each of the Access Easement Area, all that certain parcel of land situated in the County of RiversideConstruction Easement Area, and State of California delineated on Exhibit "A" attached hereto Utility Easement Area for its specified purpose. The Premises, which shall include the Lessee’s appurtenant rights to the Access Easement Area, Construction Easement Area, and incorporated herein ("Land")Utility Easement Area, 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 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 Applicable Legal Requirements of the municipality in which the land lies, restrictions and other matters affecting all present and future Applicable Legal Requirements of any Governmental 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 Effective 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 1 contract
Samples: Site Lease Agreement
Premises. Landlord, for and in consideration As an integral part of the rentsshelter services provided by NORTHPORT to ETM,. NORTHPORT shall furnish Five Thousand square feet (5,000sq. ft.) of fully constructed industrial space, covenants ready to accept all Goods and agreements hereinafter set forthto commence the manufacture and assembly of the Finished Products, hereby leases to Tenant and Tenant hereby leases from Landlordlocated at Gecamex, upon and subject to the termsS.A. de C.V., covenants and conditions hereinafter set forthAcuna, all that certain parcel of land situated in the County of RiversideCoahuila, Mexico, and State of California delineated as set out in red on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter plan attached hereto as Exhibit "B" A. acceptable to ETM ("Work Letter"the Premises ) to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") accommodate ETM s Goods and all other improvements, machinery, equipment, fixtures the Finished Products and other property (except Tenant's trade fixtures), to be installed or located thereon and all additionsused to carry out the shelter services. The Premises shall be used by NORTHPORT and/or SUBSIDIARY to perform the services contemplated by the Article 6 hereof, alterations and replacements thereof (collectively "Improvements"). Herein throughout the Land term of this Agreement and the Improvements are referred performance of such services shall not be relocated to collectively as another facility, unless ETM agrees to such move in writing. Throughout the "Premises". Tenant acknowledges that term of this Lease is subordinate Agreement and subject to (a) all liensany renewals thereof, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") neither NORTHPORT nor SUBSIDIARY shall (i) in effect permit any activity to be performed on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") Premises which would violate any applicable law, rule or regulation, or (ii) approved participate with, provide service to or deemed approved pursuant to this Section 1.1otherwise assist any person or entity in the design, ("Permitted Encumbrances") and (b) any law, regulation, rule, order production or ordinance sale of any governmental entity applicable product or service at the Premises which directly or indirectly competes with ETM or any Finished Product. At all times during the term of this Agreement and any renewals thereof, NORTHPORT shall have (ii) a beneficial ownership interest in or (iii) a legally binding and enforceable lease agreement for the Premises, which shall permit the manufacture and assembly of the Finished Products. NORTHPORT s failure to comply with the terms of the lease agreement, if applicable, covering the Premises, shall be a material breach of this Agreement, if such results in an adverse effect on the shelter services to be provided to ETM hereunder, which adverse effect includes, without limitation, an unreasonable delay or interference in the manufacture and assembly of the Finished Products. NORTHPORT will furnish ETM a true and complete copy of such lease agreement promptly following execution of this Agreement. NORTHPORT shall be solely responsible for repairs, maintenance and replacements to the Premises or and the use or occupancy thereof, in effect on the execution payment 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 taxes and all other costs related 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 approvedPremises.
Appears in 1 contract
Samples: Shelter Services Agreement (Northport Industries Inc)
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 56,489 rentable square feet. Sublandlord and Subtenant hereby acknowledge and agree that Suite 100 is no longer part of the Premises pursuant to Section 40 of the Master Lease. Further, in effect on Sublandlord and Subtenant hereby acknowledge and agree that the execution 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 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 of the written reminder notice, the new Title Matter shall be deemed approvedPremises set forth in this Section.
Appears in 1 contract
Premises. (a) Landlord, for and in consideration of the rentsrent to be paid and the covenants to be performed by Tenant, covenants does hereby demise and agreements hereinafter set forthlease unto Tenant, hereby leases to Tenant and Tenant hereby leases rents and hires from Landlord, upon and subject those certain premises designated in Section 1.01(d) hereof (hereinafter referred to as the terms“Premises”) in the regional retail development commonly known as “The Gardens”, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County City of RiversidePalm Beach Gardens, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")Palm Beach County, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by LandlordFlorida, 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 easements of record and the Premises terms and provisions of that certain Ground Lease, dated June 14, 1984, between The Gardens Venture, L.L.C., successor to the Trustees under Trust Agreement, dated December 28, 1983, known as the MacArthur Liquidating Trust, as Lessor, and Landlord, as Lessee, as amended ("Title Matters") (i) in effect hereinafter referred to as the “Ground Lease”), and that certain Reciprocal Easement and Operating Agreement now or hereinafter entered into by Landlord with the lessees of the Department Store Sites. It is agreed that the term “The Gardens” as used herein shall mean and refer to the Nordstrom Site, the Macy’s Site, the Bloomingdale’s Site, the Saks Site, the Sears Site and the Shopping Center, all as shown on the Effective Date site plan which is set forth on pages 1 and 2 of this Lease Exhibit “A” hereto, and legal descriptions of which are set forth on Exhibit “B” hereto. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Nordstrom Site, the Macy’s Site, the Bloomingdale’s Site, the Saks Site and the Sears Site, except 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 promulgatedotherwise specifically stated herein. In the event thatLandlord elects to enlarge the Shopping Center and/or The Gardens, after any additional area may be included by Landlord in the Effective Date definition of the Shopping Center and/or The Gardens for purposes of this Lease. Landlord shall also have the right from time to time to include within and/or to exclude from the defined Shopping Center any new Title Matters appear existing or future areas, and the floor area of record, such matters the Shopping Center shall be subject to accordingly adjusted.
(b) The exterior walls and 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 roof of the Premises and the area beneath the Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Premises serving other parts of the Shopping Center, is hereby reserved unto Landlord. Landlord reserves an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Premises, and below the floor of the Premises, for its intended purposegeneral access purposes and in connection with the exercise of Landlord’s other rights under this Lease.
(c) Landlord reserves the right at any time, and from time to time, to make alterations to, and to build additional stories on the building in which the Premises are located, and to construct other buildings and improvements in the Shopping Center, including any modifications of the common areas in connection therewith, to enlarge or reduce the Shopping Center, to add decks or elevated parking facilities, and to sell or lease any part of the land comprising the Shopping Center, as shown on Exhibit “A”, for the construction thereon of a building(s) to be occupied by a Department Store(s) which may or may not be part of the Shopping Center. Landlord also reserves the right at any time, and from time to time, to change, modify, or abolish any temporary off-site utility serving the Shopping Center. The purpose of Exhibit “A” is to show the approximate location of the Premises within the Shopping Center and Landlord reserves the right at any time to relocate, reduce, enlarge, or reconfigure the various buildings, parking areas and other common areas shown on Exhibit “A”. Tenant shall deliver written notice hereby consents to the exercise by Landlord of its approval or disapproval the rights set forth in this Section 2.01(c) and agrees that the exercise of such Title Matters within ten (10) days after delivery rights 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 approvednot diminish Tenant’s obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.)
Premises. Landlord, for In consideration of the obligation of Tenant to pay Rent (defined below) as herein provided and in consideration of the rentsother terms, covenants and agreements hereinafter set forthconditions hereof, Landlord hereby leases to Tenant does lease, let and demise unto Tenant, and Tenant hereby leases does lease and rent from Landlord, upon and subject to the termsprovisions of this Lease, covenants the 179,754 square feet of Rentable Area (subject to the provisions of Sections 2.04 and conditions hereinafter set forth, 2.05 below) which is hereby stipulated and for all that certain parcel of land situated purposes hereof agreed to be as stated in 1.01(c) above and as reflected on the County of Riverside, and State of California delineated on floor plan(s) attached hereto as Exhibit "A" and incorporated herein for all purposes (such space so leased to Tenant is herein called the "Premises") located in the building known as One Colinas Crossing (subject to the provisions of Section 7.06(a) below) ("Building") as set forth in Article 1.01(b) and situated on the tract of land ("Land") described in Exhibit "B-1" attached hereto and incorporated herein for all purposes (the Building, the Land, and the parking garage ["LandParking Garage")] and parking area [collectively, together with those certain Landlord's Improvements as defined in "Parking Facilities"] located on the Work Letter Land and shown on the site plan attached hereto as Exhibit "BB-2" ["Site Plan"] hereinafter collectively referred to as the "Project"), TO HAVE AND TO HOLD said Premises for the Term, subject to the provisions of this Lease. Landlord and Tenant acknowledge and agree that the Project specifically does not include the land shown on the Site Plan which is described on Exhibit "B-3" ("Work LetterXxxxxxxx Xxxx") xxx the improvements thereon, a portion of which Adjacent Land is owned by Landlord and a portion of which is subject to be constructed by Landlordcertain agreements between Landlord and Tenant as set forth in this Lease and in the Development Agreement (defined below). The Land and the Adjacent Land, including an approximately three hundred thirty thousand (330,000) square foot building and the improvements thereon, comprise the complex commonly referred to as Colinas Crossing ("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 "ImprovementsComplex"). Herein Subject to the Land and terms of this Lease, Tenant shall be entitled to the Improvements are referred following as appurtenances to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject : the right to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") use (i) the Parking Facilities and other areas of the Project in effect on the Effective Date of this Lease as specified in accordance with Section 17.11 and Exhibit "CF" attached hereto and incorporated herein ("Preliminary Report") or to this Lease, (ii) approved or deemed approved the roof of the Building and/or the Parking Facilities in accordance with Sections 7.09 and 7.10 hereof, (iii) riser space in the core of the Building pursuant to this Section 1.17.07 hereof, ("Permitted Encumbrances"iv) and for Tenant's exclusive use, the restrooms on floors leased entirely by Tenant and, for Tenant's nonexclusive use, the restrooms on floors partly, but not entirely, leased by Tenant, (bv) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the for Tenant's nonexclusive 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 other 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 noticethis Lease), the new Title Matter shall be deemed approved.telephone and electric closets on floors leased
Appears in 1 contract
Samples: Lease (I2 Technologies Inc)
Premises. LandlordFor purposes of this Article SEVENTEEN, for and in consideration a Tenant shall be deemed to be subletting "substantially all of the rents, covenants and agreements hereinafter premises" if the Affected Premises constitutes seventy five (75%) percent or more of the rentable square footage of the premises.
(d) If the Landlord exercises the option 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 forth in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein paragraph ("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"c) (i) above to terminate this lease in effect its entirety, then (i) the term of this lease shall end and expire with respect to the entire premises on the Effective ninetieth (90th) day following the date of Landlord's Notice and (ii) the Tenant shall surrender the entire premises to the Landlord on such date, in the same manner and condition as is required by this lease, as if such date were the Expiration Date set forth in this lease, and (iii) fixed rent and additional rent shall be apportioned as of such expiration date. If required pursuant to the terms of any ground lease or any fee or leasehold mortgage affecting the building or premises, instead of terminating the lease, the Landlord may, at its option, elect to have the Tenant assign all of its right, title and interest in and to this lease to the Landlord, such assignment to be effective as of the date such lease termination would be effective and otherwise on the terms and conditions set forth in this paragraph (d). Upon such assignment, the Tenant shall be relieved of all liability accruing under this lease after the effective date of such assignment, and the Landlord may thereafter further assign this lease or sublet all or part of the premises to any party and the Tenant shall have no right to any proceeds derived from such assignment or subletting. In no event shall the provisions of this Lease paragraph (d) relieve the Tenant of any obligations which accrued prior to the termination of this lease or the assignment to the Landlord, as specified the case may be.
(e) If the Landlord exercises the option set forth in Exhibit "C" attached hereto paragraph (c)(ii) above to terminate the lease with respect to the Affected Premises, then (i) the term of this lease shall end and incorporated herein expire with respect to the Affected Premises on the ninetieth ("Preliminary Report"90th) day following the date of the Landlord's Notice and (ii) the Tenant shall surrender the Affected Premises to the Landlord on such date, in the same manner and condition as is required by this lease, as if such date were the Expiration Date set forth in this lease and (iii) fixed rent and additional rent with respect to the Affected Premises shall be apportioned as of such Expiration Date and the Tenant's prospective rent obligations which are based on square footage (including, without limitation, fixed rent and additional rent payable pursuant to Article THIRTY of this lease) shall be reduced accordingly, and (iv) the Landlord at its own expense (or at the Tenant's expense, if the cost thereof was to be the Tenant's pursuant to the Tenant's Notice), shall erect the partitioning required to separate the Affected Premises from the remainder of the premises, create any doors required to provide an independent means of access to the Affected Premises from elevators and lavatories and segregate the wiring and meters and electric current facilities, so that the Affected Premises may be used as a unit for commercial purposes, separate from the remainder of the premises. If the remaining premises contain the core lavatories, the occupant of the Affected Premises shall have the right to use such lavatories in common with the Tenant. If the Tenant performs such work, it shall commence such work promptly upon receipt of Landlord's Notice and shall proceed to complete such work in a diligent and workmanlike manner. If required pursuant to the terms of any ground lease or any fee or leasehold mortgage affecting the building or premises, instead of terminating the lease with respect to the Affected Premises, the Landlord may, at its option, elect to have the Tenant assign all of its right, title and interest with respect to the Affected Premises to the Landlord, such assignment to be effective as of the date such lease termination would be effective and otherwise on the terms and conditions set forth in this paragraph (e). Upon the assignment of the lease to the Landlord with respect to the Affected Premises, the Tenant shall be relieved of all liability accruing under this lease with respect to the Affected Premises after the effective date of such assignment, and Landlord may further assign the lease or sublet all or part of the Affected Premises to any party and the Tenant shall have no right to any proceeds derived from such assignment or subletting. In no event shall the provisions of this paragraph (e) relieve the Tenant of any obligations with respect to the Affected Premises which accrued with respect to the Affected Premises prior to the termination of the lease or the assignment to the Landlord, as the case may be.
(f) In the event the Landlord does not elect either of the alternatives set forth in paragraph (c) (i) or (ii) approved above, or deemed approved pursuant in the event the Landlord fails to timely deliver the Landlord's Notice, the Landlord agrees not to unreasonably withhold or delay its consent to any proposed assignment or subletting, provided, however, that the Landlord shall have the right to condition its consent to any proposed assignment or sublease on the following:
(1) No Event of Default shall have theretofore occurred and be continuing under this Section 1.1, lease.
("Permitted Encumbrances"2) and The Tenant shall have delivered to the Landlord the Tenant's Notice as required by paragraph (b) above.
(3) With respect to a sublease, the Tenant shall collaterally assign to the Landlord, and grant the Landlord a security interest in, the sublease and the rents payable thereunder and shall take all necessary steps required to perfect such assignment and security interest.
(4) The sublease shall include provisions to the effect that (i) if the Landlord shall notify the sublessee that the Tenant is in default in the payment of rent or in the performance of its other obligations under this lease, which default has continued beyond the applicable notice and cure period therefor, and summary proceedings have been commenced by the Landlord against the Tenant by reason thereof, the subtenant shall, if so requested by the Landlord, pay all rent and other amounts due under the sublease directly to the Landlord, (ii) notwithstanding any lawsuch payment by the subtenant directly to the Landlord, regulationthe term of the sublease shall terminate simultaneously with the termination of the term of this lease and the subtenant shall surrender the subleased premises upon such termination, rule(iii) the sublease shall be subject and subordinate to this lease and to all matters to which this lease is or shall be subordinate, order and (iv) any act or ordinance omission by the subtenant which, if performed by the Tenant would constitute an Event of Default under the lease, shall also constitute an Event of Default under the sublease.
(5) The proposed subtenant or assignee shall have a financial standing, be of a character, be engaged in a business, and propose to use the premises in a manner, which in the Landlord's reasonable judgment, is in keeping with the Landlord's standards in such respect of the other office tenancies in the building.
(6) Provided comparable space is then available for lease by the Landlord in the building, or the Landlord reasonably expects comparable space to become available within the next four months, the proposed assignee or subtenant shall not then be a tenant, subtenant or assignee of any governmental space in the building, nor shall the proposed subtenant or assignee be a person or entity applicable with whom the Landlord is then negotiating to lease space in the Premises building.
(7) The premises may be listed with a broker for any rental rate, but shall not, without the Landlord's prior consent, which consent shall not be unreasonably withheld or delayed, be otherwise publicly advertised for subletting at a rental rate less than the prevailing asking rental rate then set by the Landlord for comparable space in the building, and if no comparable space is then available, at the prevailing rental rate set by the Landlord.
(8) The character of the business to be conducted or the proposed use of the premises by the proposed assignee or subtenant shall not (i) be likely to materially increase the Landlord's operating expenses beyond that which would be incurred for use by the Tenant or materially for use in accordance with the standards of use of other tenancies in the building, (ii) materially increase the burden on elevators over the burden prior to such proposed assignment or subletting, (iii) unreasonably interfere with the use and enjoyment by other tenants in the building of their premises, or (iv) violate any provisions or restrictions contained herein relating to the use or occupancy thereof, of the premises.
(9) Any proposed sublease shall provide that in effect on the execution event of the termination of this Lease lease, or thereafter promulgated. In the event that, after re-entry or dispossession of the Effective Date any new Title Matters appear of recordTenant by the Landlord under this lease, such matters shall be subject subtenant shall, at the Landlord's option, attorn to the review and approval of Tenant which approval shall not be withheld so long Landlord 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.its
Appears in 1 contract
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. Landlord, for (a) This Lease shall be effective as between Landlord and in consideration Tenant as of the rents, covenants full execution and agreements hereinafter set forth, delivery hereof by both Landlord and Tenant. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, Landlord upon and subject to the terms, covenants terms and conditions hereinafter set forthcontained herein the Premises, all that certain parcel of land situated which are more particularly described in the County of Riverside, and State of California delineated on Exhibit "A" A attached hereto and incorporated herein made a part hereof ("Land"the “Premises”), together including the tenant improvements (the “Tenant Improvements”) thereon presently existing or to be constructed in accordance with those the “Lease Improvement Agreement” attached as Exhibit B, which is made a part hereof by this reference. As hereinafter used in this Lease, the term “Building” shall refer to the entire structure in which the Premises are located, the term “Lot” shall refer to the Assessor’s tax parcel on which the Building is situated, and the term “Project” shall collectively refer to the Lot, the Building, and the Project Common Areas. This Lease confers no rights either with regard to the subsurface of the land below the ground level of the Building or with regard to airspace above the roof of the Building.
(b) Tenant acknowledges that, as of the Lease Date, Landlord has begun development on the Building, which construction is intended to be completed by the Scheduled Lease Commencement Date. Prior to the Lease Date, Landlord and Tenant have agreed upon certain Landlord's Improvements as defined in the Work Letter project plans (“Project Plans”), attached hereto as Exhibit "B" ("Work Letter") A-l. Landlord agrees to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") construct the Building in compliance with the Project Plans and all other improvementsapplicable laws, machinerystatutes and ordinances, equipmentand such construction shall be consistent with the Project Specifications, fixtures and other property subject to events preventing such compliance beyond the reasonable control of Landlord (except Tenant's trade fixtures)provided that Landlord has advised Tenant in writing of such noncompliance, 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 specific reasons (c) Tenant may, not later than the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liensCommencement Date, encumbrancesat Tenant’s expense, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting have a licensed architect measure the Premises ("Title Matters"using the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996, published by BOMA International (the “BOMA Standard”)) to determine the rentable area and usable area of the Premises. Based on such measurement, the Base Rent, and Tenant Improvement Allowance shall be proportionately adjusted; provided, however, that in no event (i) will such measurement result in effect on the Effective Date a Rent increase to Tenant of this Lease as specified in Exhibit "C" attached hereto and incorporated herein more than two percent ("Preliminary Report") 2%), 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 will 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 rentable area 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 be more than twelve percent (1012%) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten greater than the “Office Area” (10as that term is defined in the BOMA Standard) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery Premises (the difference, expressed as a percentage of the written reminder noticeOffice Area of the Premises, between the new Title Matter shall be deemed approvedPremises’ rentable area and the Office Area of the Premises is hereinafter referred to as the “Load Factor”).
Appears in 1 contract
Samples: Lease Agreement (Health Net 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-------- Landlord those certain premises described in subsection 1(a) and in Exhibit "A" ----------- attached hereto (the "Premises"); provided, upon and subject that prior to the termsSecond Floor Commencement Date (defined below), covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated Premises shall include only the area depicted on Exhibit "A" attached hereto and incorporated herein on the third floor of the Building (the "LandThird Floor"). ----------- Immediately upon the Second Floor Commencement Date, together with those certain Landlord's and without any further action of the parties, the Premises shall be automatically expanded to include the area depicted on Exhibit "A" on the second floor of the Building (the ----------- "Second Floor"). The exact amount of Rentable Square Feet and Useable Square Feet in the Third Floor shall be determined upon the completion of the build-out of the Tenant Improvements as defined in and to the Third Floor pursuant to the Work Letter Agreement attached hereto as Exhibit "B" ("hereto. The exact amount of Rentable Square Feet and Useable Square Feet in the Second Floor shall be determined upon completion of the build-out of the Tenant Improvements in and to the Second Floor pursuant to the Work Letter") to Letter Agreement attached hereto. All exact square footages of space in the Premises, the Building, the Newport Corporate Center, or any portion thereof shall be constructed determined reasonably by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") 's architect and all other improvements, machinery, equipment, fixtures and other property (except verified by Tenant's trade fixtures), to architect. Any dispute regarding any such determination shall be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"resolved in accordance with Section 18(j). Herein Until such determination of the Land exact number of Rentable Square Feet and Useable Square Feet of space in the Premises, the Building and the Improvements are referred to collectively Newport Corporate Center as set forth above, the number of Rentable Square Feet and Useable Square Feet of space shown in subsection 1(a) shall control. Upon final determination of the number of Rentable Square Feet and Useable Square Feet of space in the Second Floor or Third Floor, as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all lienscase may be, 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 Building or the use or occupancy thereofNewport Corporate Center, in effect on the execution of this Lease or thereafter promulgated. In the event thatLandlord and Tenant shall, 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 of Landlord's written request, execute a written confirmation of Rentable Square Feet and Useable Square Feet in such floor generally in the form attached hereto as "Exhibit D". The "Rentable Square ---------- Feet" and "Useable Square Feet" as used in this Lease shall be calculated according to the Building Owner's and Manager's Association ("1996 BOMA") standard, the "Standard Method for Measuring Floor Area in Office Buildings - American National Standard," ANSI Z65.1-1996. The Premises are contained within the building (the "Building") which is located at the address designated in subsection 1(a). The Building is located on the real property (the "Land") described on Exhibit "B" attached hereto. The term "Newport Corporate Center" ----------- shall mean the properties and buildings located thereon commonly known as One Newport, Two Newport, Newport Tower, Newport Heights, Newport Terrace and Four Newport described on Exhibit "B-1" attached hereto, together with such other ------------- additional properties and/or buildings in the immediately adjacent area which Landlord may add in the future, all of which Landlord may rename from time to time. Tenant now consents to the addition of Five Newport to the Newport Corporate Center at such time as Landlord so elects, provided it shall have been completed. "Tenant's Percentage of the Building" shall equal a fraction whose numerator is the number of Rentable Square Feet within the Premises as set forth in subsection 1(a) and whose denominator is the number of Rentable Square Feet within the Building as set forth in subsection 1(a). "Tenant's Percentage of Newport Corporate Center" shall equal a fraction whose numerator is the number of Rentable Square Feet within the Premises as set forth in subsection 1(a) and whose denominator is the number of Rentable Square Feet within Newport Corporate Center as set forth in subsection 1(a). If the number of Rentable Square Feet within the Premises, the Building or the Newport Corporate Center is adjusted, including without limitation pursuant to the automatic expansion of the Premises to include the Second Floor of the Building as provided in this subparagraph 1(a), then Tenant's Percentage of the Building and Tenant's Percentage of the Newport Corporate Center shall be automatically adjusted without further action of either party. Upon the written request of either party, both parties shall execute a written confirmation of such new Title Matterpercentages generally in the form attached hereto as "Exhibit D". 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 1 contract
Samples: Office Building Lease (Mercata Inc)
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
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and 2.1 Tenant hereby leases from Landlord, and Landlord hereby leases to Tenant, the Premises for the Lease Term and upon the conditions and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated forth 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"this Lease. Tenant acknowledges that this Lease is subordinate will have the non-exclusive right to use, at no additional charge to Tenant except as set forth in Article V of the Lease, the common and subject to (a) all liens, encumbrances, deeds public areas of trust, reservations, covenants, conditions, restrictions the Building for ingress 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 egress to the Premises and to use the roof terrace, which if constructed by Tenant at Tenant’s sole cost and expense pursuant the requirements set forth in Article IX hereof and in Exhibit B attached hereto, shall be made available to Tenant for its exclusive use after the Lease Commencement Date (as hereinafter defined), subject to Landlord’s access to such roof terrace at all times for inspection, maintenance, repair and the like, provided further that such exclusive use will be to the exclusion of other tenants in the Building (and Landlord except as otherwise provided herein) so long as Tenant or a Permitted Transferee (and expressly excluding all subtenants or assignees) is leasing at least seventy thousand (70,000) rentable square feet in the use or occupancy thereof, in effect Building. With respect to Landlord’s entry on the execution of this Lease or thereafter promulgated. In roof terrace, except in the event thatof an emergency, Landlord shall endeavor to give Tenant advance notice of any such entry and use commercially reasonable efforts to minimize disruption to Tenant’s use of such roof terrace during such entry. Landlord shall maintain the roof terrace, and Tenant shall reimburse Landlord for the entire cost of such maintenance from time to time (and in no event later than thirty (30) days after written invoice) as additional rent hereunder; provided, however, if such use of the Effective Date any new Title Matters appear roof terrace by Tenant becomes non-exclusive due to Tenant’s failure to meet the foregoing square footage requirement, then the cost of record, such matters maintenance by Landlord will be an Operating Expense (hereinafter defined) and shall be subject to the review terms of Article V of this Lease. In addition, the use of the roof terrace (if constructed in accordance with the terms of this Lease) will be subject to reasonable written rules and approval of regulations promulgated by Landlord and delivered to Tenant which approval shall not be withheld from time to time, so long as such rules and regulations do not materially adversely affect Tenant’s right to use such roof terrace. If the new Title Matter roof terrace is constructed by Tenant in accordance with the terms of this Lease and such roof terrace is in substantially in the eastern portion of the Massachusetts Ave. wing of the Building, then from and after such construction by Tenant and thereafter so long as Tenant or a Permitted Transferee (and expressly excluding all subtenants or assignees) is leasing at least seventy thousand (70,000) rentable square feet in the Building, Landlord shall use reasonable efforts to locate any additional signs or equipment on the roof in a manner that minimizes interference with the use of such roof terrace, provided that it in no event will Landlord be obligated to (i) expend any material additional amounts in connection with such efforts or (ii) relocate any signs or equipment on the roof of the Building as of the date Tenant commences construction of the rooftop terrace in accordance with the terms of this Lease. Except as may otherwise be expressly provided in this Lease, the lease of the Premises does not materially include the right to use the roof (except as otherwise expressly provided in this Section 2.1 and adversely impair Article XXVI of this Lease), mechanical rooms, electrical closets, janitorial closets, telephone rooms, or other non-common or non-public areas of the use Building which are not included within the Premises. Tenant accepts the Premises “as is”, except for any improvements to be performed by Landlord pursuant to the Work Agreement, attached as Exhibit B. Tenant acknowledges that neither Landlord nor Landlord’s agent(s) have made any representations, expressed or occupancy by Tenant implied, about the suitability of the Premises for Tenant’s intended use, except for general office use. It shall be Tenant’s sole responsibility, at Tenant’s sole time and expense, to obtain the necessary business licenses and occupancy permit for its intended purposePremises. Landlord and Tenant agree that as of the date of this Lease, the number of rentable square feet (i) in the Premises are the amounts set forth in Section 1.2 above, and (ii) in the Storage Space is 1,000, and such amounts are not subject to remeasurement absent a change in the configuration of space in the Building impacting the Premises or Storage Space.
2.2 Unless otherwise allowed for and addressed in this Lease, Tenant may not enter or occupy the Premises until the Premises are tendered by Landlord. Because Tenant is performing the tenant improvement work (including the demolition work), Landlord shall use commercially reasonable efforts to deliver written notice the Premises, on a floor-by-floor basis as soon as reasonably possible after a floor (or part of floor to Landlord the extent that less than an entire floor is part of its approval or disapproval of such Title Matters within ten (10the Premises) days after delivery is vacated by an existing tenant. Any entry upon the Premises by Tenant before the Premises are tendered by Landlord shall only be with Landlord’s written consent and/or when accompanied by a representative of Landlord or Landlord’s representative (unless otherwise allowed for and addressed in this Lease). Said entry shall be subject 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 all of the delivery terms of this Lease, but no such permitted entry shall change the Lease Commencement Date or the expiration date of the written reminder notice, the new Title Matter shall be deemed approvedLease Term.
Appears in 1 contract
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. 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. 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
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases and demises the Premises to Tenant and Tenant hereby leases the Premises from Landlord, and subject to and with the benefit of (i) the Xxxx Mill Revitalization and Development Plan, prepared by the Xxxxx Group, Inc. dated September, 1999 and approved by the City of Fall River on September 7, 1999, as amended; (ii) the Activity and Use Limitation for the Lot approved by Massachusetts Department of Environmental Protection and incorporated by reference in Exhibit C; (iii) all easements, restrictions and encumbrances of record; (iv) all laws including without limitation the Fall River Ordinance Division 7 Research and Development Overlay District Regulations Sections 86-385 through 86-389 and all amendments thereto; and (v) Landlord’s rules and regulations for the Building and Lot attached hereto as Exhibit D and the rules and regulations adopted from time to time by Landlord and/or the entire South Coast Research & Technology Park in which the Lot is located, including, without limitation, any declaration of covenants and restrictions that may hereafter be imposed upon the South Coast Research & Technology Park (the “Park”) (collectively all of the foregoing in this clause (v), the “Rules and Regulations” and collectively all of the documents and agreements described in clauses (i) through (v) of this Section 2.1, the “Use Documents”); provided that a subsequently adopted Rule and Regulation shall not be binding on Tenant to the extent the same is contrary to Xxxxxx’s rights under this Lease. The Premises shall include the ceiling, floor, interior walls, the inner surface of the demising walls, the inner surface of exterior windows, any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities (except to the extent that the same serve other tenant(s)’ premises), and the entry doors (and related glass and finish work) to the Premises and all fixtures, which are and shall remain Landlord’s property unless otherwise specified in writing. In addition to Tenant’s repair and maintenance obligations under Section 10.2, Tenant shall maintain and repair in good condition the emergency exit door (and associated “panic bar alarm system”) (collectively, the “Emergency Door”) that is located at the end of one of the hallways of the Premises and which opens to an emergency exit stair well that connects to the first floor of the Building (the “Emergency Exit Stairwell”). Tenant agrees that, subject to Xxxxxxxx’s access rights described elsewhere in this Lease, Tenant shall keep the Emergency Door secure and Tenant and its employees shall only use the Emergency Door and the Emergency Exit Stairwell for emergency purposes and not as a non-emergency means of access and egress to or from the Premises. Subject to the Landlord’s rights set forth in the last sentence of the next paragraph and in Section 14.4, and subject to the termsUse Documents, covenants Tenant shall have the right to use, in common with other tenants of the Building and conditions hereinafter set forthLandlord and as appurtenant to Tenant’s use of the Premises, all that certain parcel the Building lobbies and entrances, elevators, exterior walkways, driveway, roadways, sidewalks and the parking areas of land situated the Building and Lot for access and egress to and from the Premises and the common bathrooms in the County Building. Landlord shall have the right to place in the Premises (but in such manner as to reduce to a minimum interference with Xxxxxx’s use of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"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 Landlordsun control devices, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machineryutility lines, equipment, fixtures stacks, ducts, pipes, conduits and the like. Should Tenant install any hung ceilings or walls in the Premises pursuant hereto, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. In addition to Landlord’s rights under Section 14.14 with respect to parking spaces and parking areas, Landlord reserves the right to construct additional buildings or other improvements on or under the Lot and/or the “North Parking Areas” (as such term is defined in Section 14.14) and modify, restrict, regulate and/or remove any portion of the common areas on the Lot and/or the North Parking Areas or in the Building at any time and to otherwise regulate the use thereof provided and only to the extent any such additions, modifications, restrictions, regulations and other property (except changes do not unreasonably interfere with Tenant's trade fixtures), to be installed ’s use of 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 access to the Premises or reduce (by more than a de minimis amount) the use or occupancy thereof, in effect on the execution quantity 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 parking available 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 approvedTenant.
Appears in 1 contract
Samples: Lease (Avant Immunotherapeutics Inc)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, 1.01 Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon the property hereinafter referred to as the LEASED PREMISES, described as: (i) an office warehouse building (the "Building") containing approximately 250,000 square feet of leasable space (50,000 square feet of office space and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel 200,000 square feet of land situated warehouse space) in the County Sugarloaf Office Park, Duluth, Georgia, with a street address of Riverside0000 Xxxxxxxxx Xxxxxxx, which Building is to be constructed by Landlord for Tenant, at Landlord's sole cost and expense, in accordance with the Approved Plans and Specifications (as defined in Section 3.03 hereof), and State of California delineated (ii) the land on which the Building is to be located with all its rights and appurtenances (the "Land") and as more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein herein. (The Building and Land are sometimes collectively referred to as the "LandLeased Premises").
1.02 Landlord represents, together warrants and covenants to and with those certain Tenant, knowing that Tenant is relying on each such representation, warranty and covenant, that:
(a) Landlord is a general partnership, duly organized, validly existing and in good standing under the laws of the State of Georgia. All partnership action has been taken by Landlord authorizing and approving the execution of and entry into this Lease and the performance by Landlord of Landlord's Improvements as defined duties and obligations under this Lease.
(b) To the best of Landlord's knowledge, there are no actions, suits or proceedings pending or threatened against, by or affecting Landlord which affect title to the Leased Premises or which question the validity or enforceability of this Lease or of any action taken by Landlord under this Lease, in any court or before any governmental authority, domestic or foreign.
(c) The execution of and entry into this Lease, and the Work Letter attached hereto as performance by Landlord of Landlord's duties and obligations under this Lease are consistent with and not in violation of, and will not create any adverse condition under, any contract, agreement or other instrument to which Landlord is a party, any judicial order or judgment of any nature by which Landlord is bound, or the organizational documents of Landlord.
(d) By the Commencement Date, Landlord shall have good and marketable fee simple title to the Leased Premises subject only to the exceptions, liens and encumbrances listed on Exhibit "BA-1" ("Work LetterPermitted Exceptions").
(e) There are no encroachments on the Land, with the exception of a monument sign located on the corner of Sugarloaf Parkway and Premier Parkway, and the Building will be situated entirely within the boundaries of the Land and within applicable building lines.
(f) The Building or any improvements to be constructed by Landlord on the Leased Premises will not contain hazardous substances or hazardous materials; and, to the best of Landlord's knowledge, including an approximately three hundred thirty thousand no Hazardous Substances have been released, introduced, spilled, discharged or disposed of on, in or under any adjacent land.
(330,000g) square foot building By the Commencement Date, the Land will constitute either a previously subdivided lot in compliance with applicable subdivision regulations and similar governmental requirements, or will constitute a lot that was created in a manner not subject thereto; and no subdivision filing or approval or similar governmental filing or approval will be required for the conveyance of the Land.
(h) To the best of Landlord's knowledge, there are no pending, threatened or contemplated condemnation actions involving all or any portion of the Land; and, to the best of Landlord's knowledge and belief, there are no existing, proposed or contemplated plans to widen, modify or realign any public rights-of-way located adjacent to any portion of the Land.
(i) By the Commencement Date, all utilities (including, without limitation, water, storm and sanitary sewer, electricity, gas, telephone and cable television) will be available on the Land through private easements or properly dedicated public easements in capacities sufficient to serve and operate the Building.
(j) By the Commencement Date, access to the Land from streets and roads adjoining the Land shall be provided by a curb cut to Sugarloaf Parkway and a curb cut to Premier Parkway as shown on the Site Plan referred to on Exhibit "BuildingB", and such access shall not otherwise be limited or restricted.
2.01 TO HAVE AND TO HOLD said Leased Premises for a term commencing on the date of Substantial Completion of the Leased Premises (hereinafter referred to as the "Commencement Date") and all other improvementscontinuing for a period of ten (10) years, machinery(provided that if the Commencement Date is not the first day of a calendar month, equipment, fixtures and other property the term of this lease shall continue until the last day of the calendar month in which the tenth (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein 10th) anniversary of the Land and Commencement Date occurs) upon 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, covenantsterms, conditions, restrictions and other matters affecting covenants contained herein. "Substantial Completion" shall mean the Premises date three ("Title Matters"3) weeks after the: (i) completion of construction of the Leased Premises in effect on accordance with the Effective Date Approved Plans and Specifications, subject only to normal punchlist items which shall be set forth in the Punch List described in section 7.03; and (ii) issuance of this Lease as specified in Exhibit "C" attached hereto a Certificate of Occupancy for the Building, and incorporated herein all other certificates, licenses, permits, authorizations and approvals for the full and complete uses and occupancy of the Leased Premises by Tenant ("Preliminary ReportOther Licenses"), by all governmental authorities having jurisdiction with respect thereto; provided, however, that Other Licenses shall not include any certificate, license, permit or other authorization or approval that (i) Tenant is required to obtain under this Lease; or (ii) approved relate to Tenant's own operations at the Leased Premises. It is understood and agreed by Landlord and Tenant that in order to achieve Substantial Completion the Punch List must be those items which shall, if taken either individually or deemed approved pursuant to this Section 1.1in the aggregate, ("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 or substantially interfere with Tenant's taking possession of, moving its personal property and adversely impair effects into, or using and enjoying the use or occupancy by Leased Premises for the purposes for which it was intended. Landlord agrees to provide to Tenant at least fifteen (15) days prior written notice of the Premises for its intended purpose. Tenant shall deliver written notice date on which it expects 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 approvedachieve Substantial Completion.
Appears in 1 contract
Samples: Lease Agreement (Innotrac Corp)
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 remises as designated on Exhibit A. Tenant agrees thal, except as e pressly st xxx 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 rcmi es and no promises to alter, repair or improve the Premises have been made by Landlord. xcept as otherwise expressly provided in 1his Lease or any Work Letter attached hereto, upon Tenant agrees to accept the remise in their cur nt "AS JS, WHERE IS" condition and acknowledges that LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCIIANTABILITV, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH TIIE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant's taking possession for the purposes of conducting business, the Premises, including all Initial Improvements hall 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"roject. Tenant acknowledges that this Lease the roject is subordinate and subject to (a) all liensor may become an integrated commercial real estate project includin the Building, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions the Land and other matters affecting buildings, Common Areas nnd 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 roject consists; to alter. relocate, reconfigure and/or reduce lhe Common Xxxxx; and to temporarily suspend access to portions of the Common Areas, a long 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 approvedremain re sonably accessible.
Appears in 1 contract
Samples: Lease Agreement
Premises. Landlord, for and in In consideration of the rents, terms, provisions and covenants of this lease agreement (the “Lease”), Landlord hereby leases, lets and agreements hereinafter set forth, hereby leases demises 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 premises described in Paragraph 3 of land situated in the County Summary of Riverside, and State Lease Provisions (the “Summary”) above (the “Premises”). The Premises consists of California delineated on Exhibit "A" attached hereto and incorporated herein ("the Land"), together with those certain Landlord's Improvements as defined in buildings (collectively, the “Building”) and improvements located on the Land to be renovated by Landlord pursuant to the Tenant Work Letter Agreement to be attached hereto as Exhibit "B" ("Work Letter") to be constructed by LandlordB and includes all parking spaces, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") site work and all other improvements, machinery, equipment, fixtures landscaping areas on the Land. The Premises are demised 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 let subject to (a) all liens, encumbrances, deeds the existing state of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on title as of 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 1.1Date, ("including, but not limited to, the Permitted Encumbrances") and Exceptions, (b) any lawstate of facts that an accurate survey or physical inspection thereof might show, regulationand (c) all zoning regulations, rulerestrictions, order rules and ordinances, building restrictions and other laws and regulations now in effect or ordinance hereafter adopted by any governmental authority having jurisdiction, without representation or warranty by Landlord, express or implied, except to the extent otherwise specified in this Lease. Without limiting the foregoing and subject to Landlord’s obligations to perform the Tenant Work pursuant to the Tenant Work Agreement, Tenant will be deemed to have accepted the Premises as of the Effective Date in “AS IS” condition, with all faults, except as expressly set forth in this Lease. The provisions of this Section 1.1 have been negotiated by Landlord and Tenant and are intended to be a complete exclusion and negation of any governmental entity applicable representations or warranties of Landlord, express or implied, with respect to the Premises that may arise pursuant to any law now or the use hereafter in effect, or occupancy thereofotherwise, except as expressly provided 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 1 contract
Samples: Lease Agreement
Premises. Landlord, for (a) Subject to 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 Landlord leases to Tenant and Tenant rents from Landlord those certain parcel of land situated premises as set forth in the County of Riverside, and State of California delineated on Exhibit "A" BASIC LEASE INFORMATION attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in approximately shown on the Work Letter plan attached hereto as Exhibit "B" EXHIBIT A ("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". ) in the building located at 000 Xxxxxxxx Xxxxxx, San Francisco, California (the "Building").
(b) 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 in their "as-is" condition; provided, however, Landlord, at its cost, shall complete the following work ("Title MattersTenant Improvements") ):
(i) Any operable windows, the electrical systems and the roof shall be in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto good working order and incorporated herein ("Preliminary Report") or repair;
(ii) approved or deemed approved pursuant to this Section 1.1The Common Areas shall be improved with Building standard finishes;
(iii) A second restroom shall be installed on the second floor of the Building so there will be two (2) restrooms on the second floor;
(iv) The restroom on the third floor of the Building shall be cleaned and painted;
(v) A space heater shall be installed on the second floor; and
(vi) Perform the work outlined on EXHIBIT B attached hereto. Upon substantial completion of the Tenant Improvements, ("Permitted Encumbrances") and (b) any lawTenant shall execute a written notice of its acceptance of Premises, regulation, rule, order or ordinance of any governmental entity applicable to which shall be conclusive evidence that Xxxxxx has accepted the Premises or in good and satisfactory condition as of the use or occupancy thereof, in effect on the execution date 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 notice and approval of Tenant which approval Landlord shall not be withheld so long as liable to Tenant for any defects in the new Title Matter does not materially and adversely impair Tenant Improvements thereafter. Landlord hereby discloses to Tenant that the use or occupancy by Tenant western wall of the Premises for Building is shared with the building immediately adjacent to the Building and such wall is an unreinforced masonry wall. The City and County of San Francisco has declared that such walls are unsafe; and, Tenant on behalf of itself and its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of employees and invitees hereby accepts 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 approvedrisk.
Appears in 1 contract
Samples: Lease Agreement (Embark Com Inc)
Premises. Landlord, for and in 2.1. In consideration of the rentsRent hereby agreed to be paid to Lessor by Lessee and the agreements and covenants herein made by Lessee, covenants and agreements hereinafter set forthduring the Lease Term, Lessor hereby leases to Tenant Lessee the Leased Premises, and Tenant hereby leases from Landlordgrants the right to use the Common Areas of the Leased Buildings, including the Special Common Areas for Lessee’s use and the right to use the Common Areas of the Lessor Complex, and the right to use the Joint Use Areas of the Leased Buildings upon and subject to the terms, covenants terms and conditions hereinafter set forthcontained herein.
2.2. As consideration for the Rent hereby agreed to be paid to Lessor by Lessee, as an essential inducement to Lessee to enter into this Agreement, as one of the necessary rights for the use and benefit of this Agreement by Lessee, and as consideration for the agreements and covenants herein made by Lessee, Lessor hereby grants to Lessee with a right (i) to access and ingress to, and egress from, the Lessor Complex for the purpose of using the Leased Premises in accordance with this Agreement, (ii) to use the Common Areas of the Leased Building and (iii) to pass and xxxxxx to and from and through the Leased Buildings or any part thereof over and along roads, accessways, paths, hallways, corridors, highways and usable areas in, over, under and between the Leased Buildings, skybridges, including those connecting C2 Building and R Building and C2 Building and Assembly Building, walkways, arcades and all landscaped areas (including pools and fountains) and other thoroughfares within the Lessor Complex owned by Lessor (together, the “Common Areas of the Lessor Complex”), provided that certain parcel Lessee shall fully comply with all Applicable Laws and applicable Rules and Regulations. Lessor represents that all of land situated such portions of the Lessor Complex are available for use by Lessee for the purpose of using the Leased Premises or operating the Business. Lessor acknowledges that any reduction in the County of Riversiderights granted to Lessee under this Section 2.2 would cause immediate and irreparable harm to Lessee and will entitle Lessee, 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") addition to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all any other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed remedies Lessee may have hereunder 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 otherwise under Applicable Laws (a) all liensto stop any such reduction by injunction, encumbranceswhether such reduction arises from the acts of Lessor, deeds of trust, reservations, covenants, conditions, restrictions and or any other matters affecting party claiming an interest in 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") Lessor Complex against Lessor and (b) any law, regulation, rule, order or ordinance to reduce the rights granted by Lessee to Lessor under Section 2.2 of any governmental entity applicable the Lessee Complex Lease Agreement. The rights granted hereunder shall be integral to the Premises or grants of the use or occupancy thereofrights under Section 2.1 and elsewhere in this Agreement, in effect on the execution shall benefit Lessee and run with Lessee’s interest under this Agreement, and shall automatically pass to any successor and permitted assign of this Lease or thereafter promulgatedLessee.
2.3. In addition, Lessor hereby grants to Lessee a right to register the event thatlease and rights created under this Agreement (“deunggi imchakwon”) over the Leased Premises (the “Lease Right”) with the relevant real property registry offices for a term of the Lease Term. The Parties each upon the request of the other agree to submit a joint application to re-register the Lease Right to include any Extension Term. Lessor will take any action necessary to maintain or cause to be maintained the priority of the Lease Right (the “Second Priority”), after the Effective Date any new Title Matters appear of record, such matters shall be subject subordinate only to the review registered rights of Lessor’s mortgagees, and approval any re-financing or replacement of Tenant which approval shall not be withheld so long as their mortgage loans (each, a “Financing”) secured against 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.Leased
Appears in 1 contract
Samples: Building Lease Agreement (MagnaChip Semiconductor LTD (United Kingdom))
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 hires and takes from Landlord, upon and subject to Landlord the terms, covenants and conditions hereinafter set forth, all that certain parcel following: a building consisting of land situated in approximately 107,654 square feet of rentable area (the County of Riverside, and State of California delineated "Building") shown on Exhibit "A" attached hereto and incorporated herein , located on real property known as 0 Xxxx Xxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxxxxxx, as more particularly described in Exhibit B (the "Land"), together with those certain Landlord's Improvements as defined in all hallways, corridors, lobbies, lavatories, elevators, stairways, entrances, exits, sidewalks, driveways and the Work Letter attached hereto as Exhibit parking areas and all other areas and facilities of the Building and Land appurtenant thereto (the "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("BuildingAppurtenances") and all other improvementsimprovements located thereon. The Building, 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 Appurtenances are hereinafter collectively referred to collectively as the "Premises". This Lease confers no right or obligation (except as otherwise may be expressly set forth in this Lease) either with respect to subsurface of the Land beneath the Building or the air space above the Building, except that Tenant shall have a license to access the subsurface areas to repair utility lines and for other matters incidental to Tenant's rights and obligations under this Lease.
(b) Subject to the rights of Nationwide Mutual Insurance Company, referenced below, Landlord warrants that it and no other person or entity has the right to lease the Premises to Tenant. Except for any express representations of Landlord contained herein and those matters which Landlord has expressly retained liability for under the terms of this Lease, 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 it has accepted the Premises (in its "Title Matters") As Is, Where Is and with All Defects" condition. Tenant represents that it has not relied upon any representations and warranties of Landlord or its agents except for those representations expressly set forth in this Lease.
(i) Landlord has executed a lease dated August 27, 1996, with Nationwide Mutual Insurance Company (Nationwide), as tenant, for approximately 8,625 square feet of rentable area in effect on the Effective Date Building (Nationwide Lease), and Landlord represents to Tenant that a true, accurate and complete copy of the Nationwide Lease, including any and all amendments thereto, is attached and made a part of this Lease as specified Exhibit G. Landlord shall pay all brokerage commissions or fees arising from the execution of the Nationwide Lease, if any. Tenant will, at its expense, complete the improvements of Nationwide's premises in the Building as required under the Nationwide Lease (Nationwide work). Effective as of the execution date of this Lease, Landlord shall be deemed to have assigned to Tenant all of Landlord's right, title and interest in and to the Nationwide Lease (except to cure any default of Landlord under the Nationwide Lease preceding the assumption of the Nationwide Lease by Tenant) and except for the item listed in the preceding parenthesis, Tenant shall, effective as of the execution date of this Lease, be deemed to have assumed all of Landlord's rights and obligations under the Nationwide, and Tenant will perform and observe all the covenants and conditions therein contained on Landlord's part to be performed and observed, which shall accrue from and after the date of such assumption. without limitation to Tenant's other rights as landlord under the Nationwide Lease, Tenant shall be entitled to collect the rent (fixed minimum rent and additional rent) from Nationwide. Landlord and Tenant shall execute an instrument confirming such assignment and assumption in the form of Exhibit "C" attached hereto J hereto, promptly following the execution date of this Lease, however such instrument shall not be deemed a pre-condition to the consummation of the assignment and incorporated herein ("Preliminary Report") or (ii) approved or assumption of the Nationwide Lease as the assignment and assumption provisions hereof shall be deemed approved self-operative. Such instrument of assignment and assumption of the Nationwide Lease shall promptly be recorded of record and if this Lease shall terminate prior to the termination of the Nationwide Lease, then the Nationwide Lease shall automatically be deemed re-assigned to Landlord without the formality of a signed writing of assignment. Tenant agrees, however, that in such event it shall execute a reasonable instrument in recordable form reassigning the Nationwide Lease to Landlord in confirmation of such assignment. Tenant shall indemnify and hold Landlord harmless from and against any breach by Tenant of its obligations as landlord under the Nationwide Lease, which indemnity shall survive the termination of this Lease. Tenant further agrees to exercise its rights as landlord thereunder to require Nationwide to comply with Nationwide's obligations thereunder to provide subordination agreements. estoppel certificates, notice and opportunity to cure to Landlord and its lenders and any other matters that may expose Landlord to liability. Landlord shall have, and hereby reserves, the right to cure defaults of Landlord under the Nationwide Lease occurring prior to the date that the Nationwide Lease is assumed by Tenant and those obligations of Landlord which are not being assigned to Tenant and Landlord also reserves the right, at its option. to enforce the landlord's rights under the Nationwide Lease to the extent such enforcement is necessary to the preservation of Landlord's rights hereunder and with respect to the Premises, including Nationwide's obligation to provide subordination agreements and estoppel certificates. Once the Nationwide Lease is assigned to Tenant, Landlord shall have the right to look to Tenant as the tenant of the entire Building pursuant to this Section 1.1Lease, ("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 enforce the Nationwide Lease in the manner necessary for 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 approvedcomply with this Lease.
Appears in 1 contract
Samples: Lease Agreement (GTJ REIT, 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 herein set forth, all that certain parcel of land situated building (“Premises”) referred to in Paragraph 1.4 above, shown cross-hatched on 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 "“A”. In addition, Tenant shall have the following rights with respect to the real property (excluding buildings located thereon) more particularly described in the legal description attached as Exhibit “B" ” hereto ("Work Letter"if applicable) and outlined in red on Exhibit “A” (“Common Area”): (i) the non-exclusive right to use no more than the number of parking spaces set forth in Paragraph 1.12 above, within the Common Area (and not allocated for the exclusive use of another tenant of Landlord); and (ii) such other rights as are necessary and convenient to Tenant’s possession of the Premises or performance of Tenant’s obligations under this Lease. Notwithstanding the number of parking spaces designated for Tenant’s non-exclusive use, in the event by reason of any rule, regulation, order, law, statute, ordinance or other requirement of any governmental or quasi-governmental authority now or hereafter in effect (collectively, “Laws”) relating to or affecting parking on the Common Area, or any other cause beyond Landlord’s reasonable control, Landlord is required to reduce the number of parking spaces on the Common Area, Landlord shall have the right to proportionately reduce the number of parking spaces designated herein for Tenant’s non-exclusive use, but not below 75% of such number of parking spaces referred to in Paragraph 1.12. In addition, Landlord grants to Tenant a non-exclusive easement for vehicular ingress and egress in and over the paved roadways in the Common Area and pedestrian ingress and egress in and over the Common Area. Landlord reserves the right to grant to tenants of the buildings or improvements which now exist or may hereafter be constructed upon the Common Area or upon real property owned by Landlord adjacent to the Common Area, and to the agents, employees, servants, invitees, contractors, guests, customers and representatives of such tenants or to any other user authorized by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") the non-exclusive right to use the Common Area for pedestrian and all vehicular ingress and egress and vehicular parking unless the grant of such rights to tenants of such other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed buildings 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 improvements would adversely affect access to the Premises or to the use parking areas, or occupancy thereofwould reduce the number of parking spaces available to Tenant, in effect on the execution of or would add or increase any costs or expenses charged to Tenant by Landlord under this Lease or thereafter promulgated. In the event that(including, after the Effective Date any new Title Matters appear of recordbut not limited to, such matters shall Common Area Operating Expenses) beyond those costs reasonably anticipated to be subject to the review and approval of Tenant which approval shall not be withheld so long incurred as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant a result 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 customary use of the delivery of the written reminder noticeparking areas by such other tenants and their respective agents, the new Title Matter shall be deemed approvedemployees, servants, invitees, contractors, guests, customers and representatives.
Appears in 1 contract
Premises. Landlord, for Subject to and in consideration of accordance with the rents, covenants and agreements hereinafter set forth, hereby provisions hereof. 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 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, 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 (ADS Tactical, Inc.)
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