Common use of Premises Clause in Contracts

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing process.

Appears in 4 contracts

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

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Premises. In consideration of the obligation of Tenant to pay Rent (as hereinafter defined) as herein provided and in consideration of the other terms, covenants and conditions 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 and with the benefit of the terms, covenants, conditions and provisions of this Lease, approximately 1,620 square feet of rentable area as reflected on the floor plans attached hereto as Exhibit "B" and incorporated herein for all purposes (such space so leased to Tenant is herein called the "Premises") located in the building known as "Commerce Green Office Park, excluding Building II" (the roof"Building") located at 000 Xxxxxxxx Xxxxx Xxxx., exterior faces Xxxxx Xxxx, Xxxxx 00000, on the tract of exterior wallsland (“Land”) situated in Fort Bend County, Texas and more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes (the Building, the Land, and pipes, ducts, conduits, wires, the parking areas and appurtenant fixtures serving the Building (and any areas, such garages being hereinafter collectively referred to as the space above "Project"), TO HAVE AND TO HOLD said Premises for the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in commonTerm, subject to reasonable rules the provisions of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the samethis Lease. Landlord reserves the right, at its own cost without incurring any liability to Tenant and expensewithout altering in any way Tenant’s obligations under this Lease, to require Tenant, upon one hundred eighty (180i) days’ change the tenant mix of the Project without prior notice, (ii) to relocate its Premises elsewhere develop certain areas of the Land as separate parcels and remove or exclude them, from the Project, in Landlord’s sole discretion, and (iii) increase, reduce or change the size, height or layout of the Project or any part thereof, and the right to change the parking plan, tenant mix and/or parking ratios or to construct new buildings and structures in the Park after common areas and to remove and replace existing buildings, tenants and structures in the expiration Project, provided in any such case that Tenant’s cost, use and enjoyment of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processPremises is not materially adversely affected.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject upon the terms and conditions herein set forth, that certain building ("Premises") referred to in Paragraph 1.4 above, shown cross-hatched on the site plan attached hereto as Exhibit "A". In addition, Tenant shall have the following rights with respect to the real property more particularly described in the legal description attached as Exhibit "B" hereto and with excluding the benefit buildings situated thereon ("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 terms, covenants, conditions and provisions Premises or performance of Tenant's obligations under this Lease. Landlord agrees that it will not overburden the parking areas comprising the Common Area by over-allocating the parking areas to other tenants of Landlord. In addition, Landlord grants to Tenant a non-exclusive easement for vehicular ingress and egress in and over the Premises, excluding the roof, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or paved roadways in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to Common Area and pedestrian ingress and egress in and over the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policyCommon Area. Landlord reserves the right from time to time, without unreasonable interference with access grant to or use tenants of the Premises: (a) to install, use, maintain, repair, replace and relocate for service 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 Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enterCommon Area, and to license others the agents, employees, servants, invitees, contractors, guests, employees, servants, invitees, contractors, guests, customers and representatives of such tenants or to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated any other user authorized by Landlord. If Landlord shall exercise such , the non-exclusive right to relocate Tenant, Landlord shall pay use the Common Area for all Tenant’s reasonable relocation costs, including costs of moving pedestrian and revalidating Tenant’s manufacturing processvehicular ingress and egress and vehicular parking and the exclusive right to use parking spaces on the Common Area.

Appears in 3 contracts

Samples: Net Lease Agreement (Integrated Device Technology Inc), Net Lease Agreement (Integrated Device Technology Inc), Net Lease Agreement (Integrated Device Technology Inc)

Premises. Landlord hereby leases and demises to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights the right to use in commoncommon with others, if any, entitled thereto (i) the common areas and common facilities, if any, included in the Building, on the Lot or in the Complex, (ii) the building service fixtures and equipment serving the Premises, and (iii) subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: Section 10.14 hereof, (a) common walkways the right to use that number of nonreserved parking spaces determined by dividing the Rentable Square Footage (as the same shall be determined pursuant to Section 2.3 hereof and driveways necessary for access as the same may be increased pursuant to Section 10.11 hereof) by 500 ("Tenant's Parking Spaces") in the Building, underground parking garage located south of Xxxxxxx Street as shown on Exhibit A hereto (the "Garage") and (b) the common parking areas serving right to use that number of nonreserved Valet Parking Spaces, as such term is defined and such number is determined pursuant to Section 10.14 hereof. To the extent that the Premises includes all of the rentable square footage on a particular floor of the Building. , Tenant shall be permitted to usehave exclusive use of the common areas on such floors, at no additional cost or fee, up to 102 parking spaces but Landlord shall have the rights set forth in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policynext paragraph hereof. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: Tenant's use, (a) to install, repair, replace, use, maintain, repair, replace maintain and relocate for service to the Premises and to other parts of the Building, or either, building service fixtures and equipment wherever located in the Building, including the perimeter walls of the Premises, on the roof of the Building, in mechanical penthouses and in any space in or adjacent to the Premises used for shafts, stacks, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located ducts, electric or other utilities, telecommunications equipment or other Building facilities, as well as the right of access (which right of access shall be at reasonable times and upon reasonable notice, except in the case of emergency) through the Premises for the purpose of operation, maintenance and repair, provided, however, that the Annual Fixed Rent, Additional Rent (as defined in Section 4.2 hereof) and other charges payable hereunder by Tenant shall be proportionally reduced in the event that any such installation or relocation of service materially reduces the usable floor area of the Premises (other than a temporary reduction to accommodate installation, repair, replacement, maintenance and relocation of such service); notwithstanding the foregoing provisions of this clause (a), to the extent that the Premises include all of the rentable square footage on a particular floor of the Building, Landlord's right to install, repair, replace, use, maintain and relocate such building service fixtures and equipment on such floor of the Building shall be limited to placing or installing such building service fixtures and equipment in shafts, pipes, stacks, conduits, chases and risers located within the central core common area of such floor or in such other locations on such floor as may be set forth in the Final Design Documents; (b) to make construct, alter or relocate any repairs Building Common Areas and/or Complex Common Areas (provided that, except for any construction, alteration or relocation of Complex Common Areas required or permitted by the Development Approvals or Subsequent Approvals, no such construction, alteration or relocation of any such Complex Common Areas shall substantially or materially increase any payments due from Tenant under this Lease and replacements any such construction, alteration or relocation shall be substantially similar in quality and utility to Complex Common Areas being altered or relocated or substantially similar to common areas of first-class, mixed use projects in the Premises which Landlord may deem necessary, Relevant Market); and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall after construction of the Building from injury to construct, alter or damage and relocate any Building Common Areas, subject to support the same. Landlord reserves the right, at its own cost and expense, to require approval by Tenant, upon one hundred eighty (180) days’ noticesuch approval not to be unreasonably withheld, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processdelayed or conditioned.

Appears in 2 contracts

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

Premises. 2.1 Tenant leases the Premises from Landlord hereby leases to Tenant for the term and Tenant hereby leases from Landlordupon the conditions and covenants set forth in this Lease. Except as may otherwise be expressly provided in this Lease, subject to and with the benefit lease of the termsPremises does not include the right to use the roof, covenantsmechanical rooms, conditions electrical closets, janitorial closets, telephone rooms, or non-common or non-public areas of any portion of the Building, whether or not any such areas are located within the Premises. However, Tenant shall have the non-exclusive right to use: (1) the plenums, risers, electrical closets, telephone rooms, ducts or pipes on or serving the floors on which the Premises are located (other than those installed for another tenant’s exclusive use and provisions provided Tenant shall have such utilization in no greater proportion than the ratio by which the square feet of rentable area in the Premises compares to the square feet of rentable area in the Building) in accordance with plans and specifications to be approved by Landlord in its sole discretion; (2) the Parking Facility in accordance with Article XXIV; and (3) any mechanical rooms, electrical closets and telephone rooms located within the Premises, for the purpose for which they were intended, but only with Landlord’s prior consent (except to the extent that such rooms and closets contain no system, wiring or other item related to either the Building Structure and Systems or to a structure or system of any tenant or occupant other than Tenant, in which case no such prior consent of Landlord shall be required for use by Tenant’s on-site, properly licensed and trained technicians) and strictly in accordance with Landlord’s rules, regulations and requirements in connection therewith. 2.2 Subject to Landlord’s right to approve any alterations or improvements to be installed by Tenant pursuant to the terms of this Lease, Landlord agrees that Tenant has the Premises, excluding right to use during the roof, exterior faces term of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Lease up to 100 square feet of space on the roof of the Building so that Tenant may install a satellite transmitting or receiving dish, a microwave antenna and/or repeaters necessary for Tenant’s business (and any areasnot for public broadcasting) (individually and collectively, such as the space above the ceiling or in the walls“Antenna”), provided that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: (a) common walkways the size, location and driveways manner of installation of such Antenna shall be determined by Landlord in its sole discretion, (b) the Antenna shall be located so as to not be visible except from above the Building and Tenant shall install such screens as may be necessary to prevent the visibility of the Antenna, (c) no such Antenna shall be affixed to the roof of the Building by any device which penetrates the roof and Landlord shall have the right to approve in advance Tenant’s mounting of the Antenna, (d) Tenant shall bear all costs and liability incurred with respect to the installation, operation, maintenance, removal and insuring of the Antenna, (e) installation, operation and removal of the Antenna shall be performed in such manner as is necessary in order to preserve Landlord’s roof warranty, and (f) the installation, operation and maintenance of the Antenna is permitted under and performed in full compliance with all applicable laws and the rules and regulations of the Building. Landlord agrees that Tenant shall have the non-exclusive right to use the risers in the Building for access installation, operation, maintenance and removal of the Antenna; provided that (i) such use of the riser space shall be shared with other tenants and the providers of services to the Building, (ii) Tenant shall make no installation or alteration in any riser without Landlord’s prior written consent, and (biii) the common parking areas serving the Buildingsuch use otherwise complies with this Lease. Tenant shall be permitted to useresponsible for the repair and maintenance of the Antenna and all related equipment and wiring during the Term of this Lease, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own Tenant’s sole cost and expense, and upon the termination of this Lease shall, at Tenant’s sole cost and expense, remove said Antenna and all related equipment and wiring and repair any damage to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration roof or risers of the Original TermBuilding caused as a result of such use or removal. Any required structural reinforcement shall be made at Tenant’s sole cost and will be performed by Landlord or Landlord’s contractors. Landlord will not be liable to Tenant or to any other person whomsoever for any injury to person or damage to property, to an area arising out of substantially equivalent size and at least any use of the equivalent quality, and with substantially similar improvements as are in roof or any other portion of the Premises, as designated by Landlord. If Landlord shall exercise such right Building pursuant to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processthis Section 2.2.

Appears in 2 contracts

Samples: Office Lease Agreement (Wells Real Estate Fund Xi L P), Office Lease Agreement (Wells Real Estate Fund Xi L P)

Premises. 2.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to Landlord the Premises for the Lease Term and with the benefit of upon the terms, conditions, covenants, conditions and provisions agreements hereinafter provided. The lease of this Leasethe Premises includes the right, the Premises, excluding the roof, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to together with other tenants of the Park Building and members of the public, to use the Common Areas, but includes no other rights not specifically set forth herein. 2.2 Tenant shall have the right to use on an unassigned and non-exclusive basis the number of parking permits set forth in Section 1.1(m) in the parking lot of the Building during the Lease Term at no extra charge. Tenant covenants and agrees to comply with all reasonable and non-discriminatory parking rules and regulations that Landlord may make hereafter from time to time made by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access with respect to the Buildinguse of the parking areas. Landlord's remedies under such rules and regulations may include, but shall not be limited to, the right to tow away at owner's expense any vehicles not parked in compliance with the rules and (b) regulations. Landlord shall not be responsible to Tenant for the common parking areas serving noncompliance or breach of such rules and regulations by any other tenant, its agents, employees and invitees or members of the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces public who may park in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policyareas. Landlord reserves shall have the right right, from time to time, without unreasonable interference with access Tenant's consent, to change, alter, add to, temporarily close or otherwise affect the parking facilities in such manner as Landlord, in its reasonable discretion, deems appropriate including, without limitation, the right to designate reserved spaces available only for use by one or more tenants (however, in such event, those parking spaces shall still be deemed Common Area for the purpose of the Premises: (a) definition of Operating Expenses), provided that, except in emergency situations or situations beyond Landlord's control, Landlord shall use reasonable efforts to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection provide alternative parking facilities with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the samesufficient parking spaces. Landlord reserves the right, at its own cost and expense, right to require reduce the number of Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration 's parking spaces proportionately with other tenants during such periods of construction of all or a portion of the Original Termparking facilities; provided, to an area however, that except during temporary periods of substantially equivalent size and at least of construction, change, alteration, addition, closure or other events that affect the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenantparking facilities, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs provide a minimum of moving and revalidating Tenant’s manufacturing process3.3 spaces per 1,000 square feet leased in the Building.

Appears in 2 contracts

Samples: Deed of Office Lease (Mercator Software Inc), Deed of Office Lease (Mercator Software Inc)

Premises. Landlord hereby leases and demises to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights the right to use in commoncommon with others, if any, entitled thereto (i) Building Common Areas and Complex Common Areas, (ii) the building service fixtures and equipment serving the Premises, and (iii) subject to reasonable rules Section 10.14 hereof, the right to use that number of general applicability to nonreserved parking spaces determined by multiplying the Rentable Square Footage of Premises by .0015 ("Tenant's Parking Spaces") in the Garage. If the loading dock serving the Building is located in the Premises, the tenants of the Park from time Retail Space shall have the right to time made use such loading dock in accordance with reasonable rules and regulations to be mutually agreed upon by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving the BuildingTenant. Tenant shall have no right to approve tenants for the Retail Space but Landlord represents that the retail uses of the Retail Space shall be permitted to use, at no additional cost or fee, up to 102 parking spaces consistent with first-class mixed use projects in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policyBoston/Cambridge, Massachusetts market. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: Tenant's use, (a) to install, repair, replace, use, maintain, repair, replace maintain and relocate for service to the Premises and to other parts of the Building, or either, building service fixtures and equipment wherever located in the Building, including the perimeter walls of the Premises, on the roof of the Building, in mechanical penthouses and in any space in or adjacent to the Premises used for shafts, stacks, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located ducts, electric or other utilities, telecommunications equipment or other Building facilities, as well as the right of access (which right of access shall be at reasonable times and upon reasonable notice, except in the case of emergency) through the Premises for the purpose of operation, maintenance and repair, provided, however, that the Annual Fixed Rent, Additional Rent (as defined in Section 4.2 hereof) and other charges payable hereunder by Tenant shall be proportionately reduced in the event that any such installation or relocation of service materially reduces the usable floor area of the Premises (other than a temporary reduction to accommodate installation, repair, replacement, maintenance and relocation of such service); notwithstanding the foregoing provisions of this clause (a), to the extent that the Premises include all of the rentable square footage on a particular floor of the Building, Landlord's right to install, repair, replace, use, maintain and relocate such building service fixtures and equipment on such floor of the Building shall be limited to placing or installing such building service fixtures and equipment in shafts, pipes, stacks, conduits, chases and risers located within the central core common area of such floor or in such other locations on such floor as may be set forth in the Final Design Documents; or (b) to make construct, alter or relocate any repairs and replacements Building Common Areas and/or Complex Common Areas, provided however, that any such construction, alteration or relocation (1) shall be in compliance with applicable zoning laws, the Development Approvals or Subsequent Approvals, (2) shall be substantially equivalent or substantially similar to the Premises which Landlord may deem necessarycommon areas of first-class, mixed use projects in Boston or Cambridge, Massachusetts and (c3) in connection with any excavation made upon adjacent land shall not reduce the number of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing process's Parking Spaces.

Appears in 2 contracts

Samples: Lease (BioMed Realty Trust Inc), Lease (Vertex Pharmaceuticals Inc / Ma)

Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, subject the Premises described in the Basic Lease Information (as shown on Exhibit A), together with --------- the right in common to use the Common Areas. The Common Areas shall mean the areas and with facilities within the land shown on Exhibit A-1 (the "Land") and within all buildings and improvements now or hereafter located on the Land, in each case to the extent provided and designated by Landlord for the general use, convenience or benefit of Tenant and other tenants and occupants of the termsProperty (e.g., covenantsrestrooms; janitorial, conditions telephone and provisions electrical closets; sidewalks; --- driveways, public lobbies, entrances and stairs; and unreserved parking areas). So long as the entire rentable area of this Lease, any building on the Land is contained in the Premises, excluding such building shall not have any Common Areas. The Common Areas shall include the roofCultural Center delineated on Exhibit A-1 (the "Cultural ----------- Center"); provided, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or in the wallshowever, that Landlord may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord prescribe rules and regulations for use of which Tenant is given notice: (a) common walkways and driveways necessary for access to the BuildingCultural Center by Tenant and other tenants of the Property. Without limitation of the provisions of any such rules and regulations, and Tenant acknowledges that (bi) no tenant of the common parking areas serving Property (including Tenant) shall have exclusive rights to use the Building. Tenant Cultural Center, (ii) some or all of the tenants of the Property (including Tenant) may be excluded from use of the Cultural Center from time to time to accommodate use of the Cultural Center for special events, (iii) access to the Cultural Center shall be permitted restricted by means of a locked gate or other apparatus after normal business hours, as prescribed from time to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policytime by Landlord. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service make changes to the Premises Common Areas. Building E and other parts of the Building F are each referred to herein as a "Building, or either, pipes, ducts, conduits, wires " and appurtenant fixtures, wherever located in the Premises or Building, (b) are collectively referred to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work herein as the person causing "Buildings". The Buildings and such excavation deems necessary other buildings and improvements now or hereafter located on the Land, together with the Land and the Common Areas, are collectively referred to preserve in this Lease as the wall of "Property" or the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing process"Real Property".

Appears in 2 contracts

Samples: Net Lease (Avantgo Inc), Net Lease (Avantgo Inc)

Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, the Premises, subject to and with the benefit of the terms, covenants, covenants and conditions and provisions of this Lease, and rights, agreements, easements and restrictions of record applicable to the Premisesproperty of which the Premises are a part, excluding the roof, exterior faces all of exterior walls, which Tenant shall perform and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such observe insofar as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant same are applicable to the Premises. Subject to the rules and regulations established by Landlord, rights to use in commonattached hereto as Appendix C, subject to reasonable rules of general applicability to tenants of the Park as they may be amended from time to time made by Landlord of which (the “Rules and Regulations”), Tenant is given notice: shall have the appurtenant rights in common with others to use (a) the common walkways lobbies, hallways, stairways and elevators of the Building serving the Premises in common with others, (b) the exterior walkways, sidewalks and driveways necessary for access to the BuildingPremises, and (bc) the common parking areas serving the BuildingPremises. Tenant shall be permitted Except as specifically provided herein to usethe contrary, at no additional cost all the perimeter walls of the Premises except the interior surfaces thereof, any space in or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with Premises used for shafts, stacks, pipes, conduits, wires and appurtenant fixtures, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the Northwest Park sign policyuse thereof, are expressly excluded from the Premises and reserved to Landlord. Landlord excepts and reserves the right from time to time, without unreasonable interference with access to or use of the Premises: time (a) to install, use, maintain, repair, replace and relocate for service to within the Premises and other parts of the Building, or either, pipes, ductsmeters and other equipment, conduitsmachinery, wires apparatus and appurtenant fixtures, wherever located in the Premises or Building, ; and (b) to make any repairs and replacements additions to the Premises which Landlord may deem necessaryBuilding and alter or relocate any entranceways, common areas or other facilities (including without limitation all access driveways, walkways and (cparking areas) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon serving the Premises to do such work as the person causing such excavation deems necessary to preserve the wall provided that none of the Building from injury or damage foregoing unreasonably interferes with Tenant’s use and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration enjoyment of the Original TermPremises for the permitted use. Tenant shall have access to the Building 24 hours per day, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing process7 days a week.

Appears in 2 contracts

Samples: Lease Agreement (Olink Holding AB (Publ)), Lease Agreement (Olink Holding AB (Publ))

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, the common stairways, and pipes, ducts, conduits, wires, and appurtenant fixtures serving exclusively or in common other parts of the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) if Tenant’s space includes less than entire rentable area of any floor, excluding the common parking areas serving the Buildingcentral core area of such floor. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in use the parking area adjacent serving the Building currently consisting of forty-two (42) parking spaces (which number includes two (2) handicapped parking spaces). Subject to the actions of and/or directives or orders from governmental and other controlling authorities, and/or the actions of utility companies, Landlord shall not decrease the size of the existing parking area serving the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, at reasonable times and upon reasonable prior notice to Tenant, except in the case of emergencies, and without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to alter or relocate any other common facility, (c) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (cd) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves shall use reasonable efforts to perform the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent qualityactivities permitted under this paragraph during normal business hours, and shall use reasonable efforts not to interfere with substantially similar improvements as are Tenant’s business operations in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing process.

Appears in 1 contract

Samples: Lease Agreement (Lemaitre Vascular Inc)

Premises. In consideration of the rents reserved and the covenants and agreements herein contained to be paid, observed and performed by the Tenant, the Landlord hereby leases to the Tenant and Tenant hereby leases from Landlordthe Premises for the Term, subject to and together with the benefit non-exclusive right to use the Common Areas and Facilities and any Parking Areas together with all others entitled thereto. The Landlord shall deliver possession of the terms, covenants, conditions and Premises to the Tenant on the Commencement Date with the Landlord’s Work completed in accordance with the provisions of this Lease. The Tenant shall have a non-exclusive right to use the Community Meeting and Briefing Room, along with the Landlord and other tenants of the Building. Access to the Community Meeting and Briefing Room shall be provided to the Landlord and all other tenants of the Building. In the case of a scheduling conflict for the Community Meeting and Briefing Room, the PremisesLandlord, excluding but not other tenants, shall have scheduling priority over the roofTenant. The Landlord shall provide the Tenant with ten (10) Business Days’ notice in writing of any such conflict, exterior faces provided that such notice shall not be required if the room is required for use by the County of exterior walls, Xxxxx in connection with a municipal emergency. The Tenant shall not restrict the Landlord and/or other tenants’ access to the Common Areas and pipes, ducts, conduits, wires, and appurtenant fixtures serving Facilities and/or any portion of the Building (outside of the Premises. For clarity, the Tenant shall not place additional locks, or other device or systems which would restrict the Landlord or other tenants’ access to the Common Areas and Facilities and/or any areasportion of the Building outside of the Premises without the prior consent of the Landlord, such which consent shall not be unreasonably withheld. Notwithstanding the foregoing, nothing herein shall be construed as a limitation upon the Tenant from securing the Premises as the space above Tenant in its sole discretion determines, having regard to the ceiling or use of the Premises as a police detachment. Unless specifically waived by the Tenant, the Landlord shall deliver to the Tenant an Architect's certificate, in the wallsform attached as Schedule "N" to this Lease, at the Landlord's expense, on or before the Commencement Date, certifying the actual Rentable Area of the Premises and that may contain such pipesof the Building and adjustments in the calculation of the Annual Rent and Leasehold Improvement allowances, ductsif any, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in commonwill be made accordingly, subject to reasonable rules of general applicability the Tenant's right to tenants dispute such certificate, as hereinafter provided. Notwithstanding the foregoing or anything in this Lease to the contrary, the Annual Rent shall not, in any event, be increased to be more than one hundred and two percent (102%) of the Park from time Annual Rent as herein provided. In the event that the Landlord is a land surveyor, architect or professional engineer, the Landlord may not certify Schedule “N” and must request an independent Architect certify Schedule “N” for the purposes of this provision. The Tenant shall have the right to time made dispute such certificate of the Architect by Landlord having the Rentable Area of which the Premises measured by an architect or land surveyor appointed by the Tenant. The Tenant is given notice: (a) common walkways and driveways necessary for access shall then submit the certificate of the Tenant's architect to the BuildingLandlord, and (b) if the common parking areas serving Landlord does not agree with such certificate of the Building. Tenant Tenant's architect, the measurement of the Premises shall be permitted to usedetermined by an independent architect, at no additional cost surveyor or feecivil engineer mutually chosen by the Landlord and Xxxxxx, up to 102 parking spaces in whose costs shall be shared equally by both the parking area adjacent to Landlord and the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with and whose calculation shall be final and binding upon both the Northwest Park sign policy. Landlord reserves and the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing process.

Appears in 1 contract

Samples: Lease Agreement

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, the common stairways, stairwells, and pipes, ducts, conduits, wires, and appurtenant fixtures serving exclusively or in common other parts of the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures), and if Tenant’s space includes less than the entire rentable area of any floor, excluding the central core area of such floor. Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park Building from time to time made by Landlord of which Tenant is given notice: (a) the common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or feeon a non-exclusive basis, up to 102 one hundred and fifty (150) parking spaces in the parking area adjacent serving the Building (subject to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policyreduction pursuant to subsection 6.2.4.1). Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to alter or relocate any other common facility, (c) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (cd) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing process.

Appears in 1 contract

Samples: Office Lease (Trine Acquisition Corp.)

Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, the Premises identified in Section 1.1, subject to and with the benefit of the terms, covenants, covenants and conditions and provisions of this Lease, and of rights, agreements, easements and restrictions of record applicable to the Premisesproperty of which the Premises are a part, excluding the roof, exterior faces all of exterior walls, which Tenant shall perform and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such observe insofar as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant same are applicable to the Premises. Subject to the reasonable rules and regulations established by Landlord, Tenant shall have the appurtenant rights in common with others to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: (a) common walkways the exterior walkways, sidewalks and driveways necessary for access to the Building, Premises; and (b) up to the common parking number of Parking Spaces as set forth in Section 1.1 for the non-exclusive use of Tenant and Tenant's employees and business invitees in areas serving the Buildinglocated on-site designated from time to time by Landlord. Tenant Tenant, at its sole cost and expense, shall be permitted to use, at no additional cost or fee, up to 102 parking spaces furnish the existing reception area in the parking area adjacent East Wing (the "Reception Area") in the manner consistent with its condition as of the date hereof and to staff such Reception Area with a receptionist, so long as such receptionist provides general reception services to all tenants of the BuildingEast Wing. Tenant may identify any No additional rent shall be charged for Xxxxxx's use of these spaces as “visitor parking only,” the Reception Area in accordance with the Northwest Park sign policyforegoing. Landlord excepts and reserves the right from time to time, without unreasonable interference with access to or use of the Premises: time (a) to install, use, maintain, repair, replace and relocate for service to within the Premises and other parts of the Building, or either, pipes, ductsmeters and other equipment, conduitsmachinery, wires apparatus and appurtenant fixtures, wherever located in the Premises or Building, ; and (b) to make any repairs and replacements additions to the Premises which Landlord may deem necessaryBuilding and alter or relocate any entranceways, common areas or other facilities (including without limitation all access driveways, walkways and (cparking areas) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in serving the Premises, as designated by Landlordprovided in either case that there shall be no reduction in the useable area of the Premises except to a de minimis extent. If Landlord shall exercise restore at Landlord's expense any part of the Premises disturbed by such right acts of Landlord pursuant to relocate Tenantthis paragraph and there shall be no reduction in the services or parking spaces available to Tenant hereunder. In performing any such work, Landlord Xxxxxxxx shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processnot unreasonably interfere with Xxxxxx's business operations at the Premises.

Appears in 1 contract

Samples: Lease (Interneuron Pharmaceuticals Inc)

Premises. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, and of any agreements, cross easements and restrictions, as the Premisessame may be amended from time to time, excluding applicable to the Park, all of which Tenant and Landlord shall observe and perform insofar as the same are applicable to the Property. Excluded from the Premises are the roof, exterior faces surfaces of exterior walls, and the pipes, ducts, conduits, wires, wires and appurtenant fixtures serving of the Building (and any areas, areas such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). However, Tenant shall have the right, in common with Landlord, to use the pipes, ducts, conduits, wires and appurtenant fixtures of the Building as reasonably necessary for Tenant’s telecommunications cabling and wiring. Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park Park, from time to time made by Landlord of which Tenant is given notice: (a) the common walkways walkways, roadways, and driveways necessary for access to the BuildingBuilding and the Property, and (b) the common parking areas serving the Building, and (c) all so-called common areas and amenities of the Park serving the Property for the benefit of tenants for access, egress and the like, including the common on-site cafeteria, and including exclusive use of two (2) one (1) inch innnerducts of conduit currently available in the existing campus wide underground communications conduit network owned and controlled by Landlord to run Tenant’s fiber cable at Tenant’s sole cost and expense; it being understood that in order to utilize the empty four (4) inch conduit between TMH-11 and the RCN vault tenant will be required to install innerduct in said conduit. Landlord makes no representations regarding future availability of conduit space for Tenant’s use but agrees to cooperate with Tenant for Tenant’s future needs. The areas and facilities described in clauses (a) through (d) above are referred to as “Building Common Areas.” The areas, facilities and amenities of the Park described to in clause (e) are referred to as “Campus Common Areas.” Tenant shall have the exclusive right to use the two loading docks serving the Building. Tenant shall be permitted permitted, on an unreserved first-come first-served basis, to use, at no additional cost or fee, use up to 102 parking 3.6 spaces per 1000 rentable square feet of the Premises in the parking area adjacent serving the Building, or in a parking area reasonably proximate to the Building. So long as Avid Technology, Inc. is the Tenant may identify under both this Lease and the Building 65 Lease, Landlord will not grant any new tenant of these spaces as “visitor the Building 65 Premises a greater parking only,” in accordance with the Northwest Park sign policyratio than granted to Tenant, or reserved or exclusive parking rights. If Landlord does grant any other new tenant greater rights than those afforded Tenant under this paragraph, then Landlord shall also grant Tenant similar rights, on a pro rata basis. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. In exercising such rights, Landlord reserves the right, at its own cost and expense, shall use commercially reasonable efforts to require avoid or minimize inconvenience to Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are ’s operations in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing process.

Appears in 1 contract

Samples: Office Lease (Avid Technology, Inc.)

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding excluding, however, the roof, exterior faces use of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the roof of the Building (and any areasfor telecommunications equipment, such as Landlord reserving the space above the ceiling or in the wallsright from time to time, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to without unreasonable interference with Tenant's use of the Premises, rights to install, use in common, subject to reasonable rules of general applicability to tenants and repair xxxxxxmmunications equipment on the roof of the Park from time Building. Except in the case of an emergency, Landlord shall use reasonable efforts to time made by Landlord provide Tenant with notice prior to Landlord's installation, use or repair of which Tenant is given notice: (a) common walkways and driveways necessary for access to telecommunication equipment on the Building, and (b) the common parking areas serving roof of the Building. Tenant shall be permitted to use, at no additional cost or fee, use up to 102 150 parking spaces in the parking area adjacent serving the Building subject to reduction as may occur on account of Tenant's utilization of the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policyshipping and receiving area. Landlord reserves the right from time to time, without unreasonable interference with access to or Tenant's use of the Premises: (a) to install, use, maintainmaintaxx, repairxxpair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere Except in the Park after the expiration case of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenantemergency, Landlord shall pay for all Tenant’s use reasonable relocation costs, including costs efforts to provide Tenant with notice prior to entering the Building in connection with Landlord's exercise of moving and revalidating Tenant’s manufacturing processits rights under this paragraph.

Appears in 1 contract

Samples: Lease (Acme Packet Inc)

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, the common stairways, stairwells, elevators and elevator shafts, and pipes, ducts, conduits, wires, and appurtenant fixtures serving exclusively or in common other parts of the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures), and if Tenant’s space includes less than entire rentable area of any floor, excluding the central core area of such floor. Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park Building from time to time made by Landlord of which Tenant is given written notice: (a) the common lobbies, hallways, stairways, and elevators of the Building, (b) common walkways and driveways necessary for access to the Building, and (bc) the common parking areas serving the Building, and (d) if the Premises include less than the entire rentable area of any floor, the common toilets and other common facilities in the central core area of such floor. Tenant shall be permitted to use, at no additional cost or fee, use up to 102 32 parking spaces in the parking area adjacent to serving the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access Xxxxxx’s Permitted Use, and following reasonable prior notice to or use of the PremisesTenant: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to alter or relocate any other common facility, (c) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (cd) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, exercisable at any time after the expiration of the first 12 months of the Term, at its own cost and expense, to require Tenant, upon at least one hundred eighty (180) days’ prior notice, to relocate its Premises elsewhere in the Park after Building or the expiration of the Original TermPark, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation reloacation costs, including costs of moving and revalidating Tenant’s manufacturing process.

Appears in 1 contract

Samples: Office Lease (Capstone Dental Pubco, Inc.)

Premises. (a) Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, and of any rights, agreements, covenants, cross easements and restrictions, as the Premisessame may be amended from time to time, excluding applicable to the roofProperty, exterior faces all of exterior wallswhich Tenant and Landlord shall observe and perform insofar as the same are applicable to the Property. Excluded from the Premises are the roof (other than access expressly permitted under this Lease), the façade, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building exterior walls of the Building. (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). b) Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park made by Landlord from time to time made by Landlord of which Tenant is given notice: (ai) common walkways walkways, roadways, and driveways necessary for access to the BuildingBuilding and the Property, and (bii) the common parking areas serving the Building, and (iii) all so-called common areas serving the Property for the benefit of tenants for access, egress and the like, and common amenities of the Park, including the common on-site cafeteria. Tenant shall be permitted The areas, facilities and amenities of the Park described in this Paragraph (b) are referred to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Campus Common Areas.” (c) Landlord reserves the right from time to time, without unreasonable interference with Tenant’s use of or access to or use of the Premises: (ai) to install, use, maintain, repair, replace and alter or relocate for service to the Premises and other parts any portion of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or BuildingCampus Common Areas, (bii) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (ciii) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves shall not modify the rightCampus Common Areas in any manner that materially, adversely affects Tenant’s use of the Premises, obstructs or changes the means of access to the Premises (except as may be temporarily necessary during construction, in which case Landlord shall provide a reasonably convenient alternative means of access), or decreases the parking available to Tenant under Paragraph (d) below. (d) Tenant shall be permitted, on an unreserved basis, and without any additional charge, to use up to 2.5 parking spaces per 1,000 rentable square feet of the Premises, in the surface parking area serving the Building, as shown on Exhibit A-1. Landlord shall have the right to modify or enhance the parking area, or any portion thereof so long as Tenant’s parking rights pursuant to this Paragraph (d) are not diminished and the parking ratio set forth in Section 2.1(d) is maintained. In no event shall Landlord grant any exclusive parking rights to any other tenants of the Building or allow any parties other than tenants of the Park and their guests, employees and contractors to use the parking areas depicted on Exhibit A-1. Additionally, Landlord shall provide no less than 8 visitor parking spaces in close proximity to the front entrance of the Premises. As more fully described in Section 3.10 of this Lease, Tenant shall also be entitled to install an emergency back-up generator, and chemical storage 2892369_8 tanks, at its own Tenant’s sole cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after outdoor areas on the expiration Property shown on Exhibit A-1 attached hereto and subject to and in accordance with the terms and requirements of Sections 6.2.5 and 6.2.6 of this Lease. (e) Tenant acknowledges that the site plan attached hereto as Exhibit A-1 is intended to show the approximate location and layout of the Original Term, to Building and Premises and shall not be treated as a representation that the Building shall contain an area exact number of substantially equivalent size and at least square feet as stated above or be precisely of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processdimensions or shapes shown.

Appears in 1 contract

Samples: Lease Agreement (Vericel Corp)

Premises. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, . Excluded from the Premises, excluding Premises are the roof, roof and the exterior faces surfaces of the exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving walls of the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures)Building. Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: (a) common walkways walkways, roadways, and driveways necessary for access and egress to the BuildingBuilding and the Property, and (b) the common parking areas serving the Building. There are currently 82 parking spaces in the parking area serving the Building, which Tenant shall be permitted to use, at no additional cost exclusively, provided, however, that Landlord shall have the right, from time to time, to reconfigure the layout of some or fee, up to 102 parking spaces in all of the parking area adjacent serving the Building as long as the parking area remains in the same approximate vicinity around the Building as exists as of the Date of this Lease, and provided, further, such reconfiguration will not result in a net loss of the parking area as existed prior to such reconfiguration. Landlord shall have no obligation to police the Buildinguse of the parking area. Tenant may identify In no event will Landlord impact the functionality of the Building loading dock or the associated access driveways serving it in any exercise of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policyits right under this paragraph. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (cb) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. In exercising such rights, Landlord reserves the right, at its own cost and expense, shall use commercially reasonable efforts to require avoid or minimize inconvenience to Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are ’s operations in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing process.

Appears in 1 contract

Samples: Lease Agreement (Avid Technology, Inc.)

Premises. Subject to and with the benefit of the provisions of this Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with Tenant’s Space in the benefit of the terms, covenants, conditions and provisions of this Lease, the PremisesBuilding, excluding the roof, exterior faces of exterior walls, the common facilities area and pipesbuilding service fixtures and equipment serving exclusively or in common other parts of the Building, ductsTenant’s Space (including Phase 1 and Phase 2), conduitswith such exclusions but with such appurtenances as hereinafter provided, wires, and appurtenant fixtures serving the Building (and any areas, such is hereinafter collectively referred to as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures)“Premises”. Tenant shall have, as appurtenant to the Premises, rights the right to use in commoncommon with others entitled thereto, subject to reasonable rules of general applicability to tenants of the Park Building from time to time made by Landlord of which Tenant is given notice: (a) the common walkways areas and driveways necessary for access to facilities included in the Building or on the parcel of land on which the Building is located (“the Lot”), including, without limitation, a fitness center, locker rooms and a cafe located within the Building, and the common areas and facilities included within Burlington Office Park I (the “Park”), and all means of access to and from the Building to the common areas and facilities, including without limitation the service, loading and parking areas allocable to the Building (i.e., Tenant shall be entitled to up to 400 non-reserved parking spaces and six (6) “reserved” covered spaces located on the Lot, without additional compensation from Tenant), all sidewalks, roads, driveways and the like, to the extent all of the foregoing are from time to time designated by Landlord; and (b) the common parking areas Building service fixtures and equipment serving the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policyPremises. Landlord reserves the right from time to time, without unreasonable interference with access to or Tenant’s use of the Premises: (a) to install, repair, replace, use, maintain, repair, replace maintain and relocate for service to the Premises and to other parts of the Building, Building or either, pipes, ducts, conduits, wires building service fixtures and appurtenant fixtures, equipment wherever located in the Premises or Building, and (b) to make alter or relocate any repairs and replacements to the Premises which Landlord may deem necessaryother common area or facility, and (c) in connection with any excavation made upon adjacent land of Landlord provided that substitutions are substantially equivalent or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall better. Landlord’s exercise of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord foregoing rights shall exercise such right to relocate Tenant, Landlord shall pay for all not materially increase Tenant’s reasonable relocation costs, including costs of moving and revalidating obligations or diminish Tenant’s manufacturing processrights hereunder, or materially interfere with Tenant’s parking rights.

Appears in 1 contract

Samples: Sublease (Demandware Inc)

Premises. Landlord hereby leases to Tenant the Tenant, and the Tenant hereby leases from the Landlord, subject to and with for the benefit of the terms, covenants, conditions and provisions of this LeaseTerm, the Premises, excluding . The Premises shall exclude the roof, exterior faces of exterior walls, entry and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts main lobby of the Building, or eitherfirst floor elevator lobby, first floor mail room, 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, loading docks and bays, rooftop mechanical penthouses to the extent they house Building equipment, and pipes, ducts, conduits, wires and appurtenant fixtures, wherever located fixtures and equipment serving exclusively or in common other parts of the Building. If the Premises or at any time includes less than the entire rentable floor area of any floor of the Building, (b) to make any repairs the Premises shall also exclude the common corridors, vestibules, elevator lobby and replacements toilets located on such floor. 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 which Landlord may deem necessaryPremises, and (c) the Building or the Property or with respect to the suitability of any of them for the conduct of the Tenant’s business. Tenant acknowledges that, except as expressly set forth in connection with any excavation made upon adjacent land of Landlord or othersthis Lease, to enter, and to license others to enter, upon it is accepting the Premises in its present “as-is” condition with no expectation that Landlord will or should perform or contribute toward the cost of any leasehold improvements required to do such work as prepare the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the samePremises for Tenant’s occupancy. Landlord reserves the rightshall be responsible, at its own sole cost and expense, to require Tenantperform the work set forth on Exhibit I attached hereto (“Landlord’s Work”) which shall obligate Landlord to perform, upon one hundred eighty among other items, the following: (180i) days’ noticecreate the common areas and corridors required for a multi-tenant floor, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in (ii) demise the Premises, as designated (iii) separate the fourth floor from the fifth floor (a) by Landlord. If Landlord blocking off the lobby stairway that connects the floors and (b) by providing a physical separation from the stairway atrium, (iv) deliver the base building mechanical (HVAC, electrical, life safety and plumbing) systems serving the Premises in good operating condition and repair (Tenant shall exercise such have the right to relocate Tenantperform an independent due diligence of the Building’s base building infrastructure); and (v) deliver the Building including the fourth (4th) floor common areas ADA compliant. When available, Landlord shall pay provide a copy of the proposed plans for all the Landlord’s Work to Tenant for Tenant’s review and shall use good faith efforts to accommodate Tenant’s reasonable relocation costs, including costs of moving and revalidating requested revisions. Landlord shall conduct such work in a manner so as to reduce to a minimum any interference with any Tenant’s manufacturing processWork simultaneously performed in the Premises by Tenant. Landlord shall complete the foregoing items of work on or before the Rent Commencement Date.

Appears in 1 contract

Samples: Lease (Voyager Therapeutics, Inc.)

Premises. 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term and subject to the covenants set forth in this Lease, to all of which Landlord and with Tenant hereby agree, the benefit space (the “Premises”) substantially shown outlined on the floor plan attached hereto as Exhibit A and situated on the floor specified in the Basic Lease Information of the termsbuilding (the “Building”) specified in the Basic Lease Information. As used in this Lease, covenantsthe Building shall include the land on which the Building is located, conditions designated as Assessor’s Lot 8 of Block 166, and provisions all appurtenances thereto. The Premises shall include the appurtenant right to the use, in common with others, of lobbies, entrances, stairs, elevators and other public portions of the Building. All of the windows and outside decks or terraces 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. 1.2 No easement for light, air or view is included with or appurtenant to the Premises. Any diminution or shutting off of light, air or view by any structure which may hereafter be erected (whether or not constructed by Landlord) shall in no way affect this Lease or impose any liability on Landlord. 1.3 During the term of this Lease, Tenant shall have the Premises, excluding right to park automobiles equal to the roof, exterior faces number of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or parking spaces specified in the wallsBasic Lease Information in the garage of the Building. Such parking spaces shall be on a monthly basis and shall be available only for parking automobiles of Tenant’s officers and employees. No parking spaces shall be reserved for the exclusive use of Tenant. Beginning on the Commencement Date (as hereinafter defined) and continuing thereafter during the term of this Lease, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to pay the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park regular monthly parking rates charged from time to time made by Landlord of which Tenant is given notice: (aor the parking operator) common walkways and driveways necessary for access such parking spaces. Tenant’s right to park automobiles under this Lease shall be subject to the Building, parking rules and (b) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right regulations established from time to time, without unreasonable interference with access to time by Landlord (or use of the Premises: (aparking operator) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, all laws now or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located hereafter in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processeffect.

Appears in 1 contract

Samples: Office Lease (Via Pharmaceuticals, Inc.)

Premises. (a) Landlord hereby shall construct improvements to the Premises in substantial conformity with the plans and outline specifications of the plan to be prepared pursuant to the provisions of the Work Letter (the “Work Letter”) attached hereto as Exhibit D as a part hereof. (b) Subject to the terms of this Lease, Landlord leases to Tenant and Tenant hereby leases from LandlordLandlord the Premises, subject to and together with the benefit of right in common with others to use the terms, covenants, conditions Common Areas. Subject only to the Landlord’s obligations set forth in the Work Letter and provisions of any express representation or warranty in this Lease, Tenant accepts the Premises, excluding the roofBuilding and Common Areas “AS IS”, exterior faces of exterior wallswithout relying on any representation, covenant or warranty by Landlord. Landlord and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: Tenant (a) common walkways and driveways necessary for access to the Building, acknowledge that all square foot measurements are approximate and (b) stipulate and agree to the common parking areas rentable square footages set forth in Sections 1(a) and (b) above for all purposes with respect to this Lease. Landlord represents and warrants to Tenant that, as of the Commencement Date, all Building Systems and exterior doors serving the Building. Tenant Premise shall be permitted to usein good operating condition. (c) Tenant, at no additional cost or feecharge, up to 102 parking spaces may use the number of Parking Spaces in the parking area adjacent Parking Facility indicated in Section 1(n) on a non-exclusive, unreserved basis, except as may be expressly set forth in Section 1(n). Landlord does not guaranty that Tenant will be able to use the Parking Spaces in case of a casualty, act of God, or other force majeure event or condemnation affecting the Parking Facility. Landlord will not be liable for damage to any vehicle using the Parking Facility pursuant to this Lease, including theft, collision, fire, or any other damage to such vehicle; Landlord will not be responsible for articles left in such vehicles; Landlord will not be liable for loss of use of any such vehicles that are damaged while using the Parking Facility. Except to the Buildingextent caused by the negligence or intentional misconduct of Landlord, Landlord will not be liable for any injury to any person using the Parking Facility regardless of the cause of such injury; all persons using the Parking Facility will do so at their own risk. Tenant may identify any of these spaces as “visitor parking only,” in accordance with not assign its right to use the Northwest Park sign policy. Landlord reserves the right from time to timeParking Spaces, without unreasonable interference with access to or use of the Premises: except (a) to install, use, maintain, repair, replace and relocate for service to in conjunction with a permitted assignment of this Lease or sublease of the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated for periodic use by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving clients and revalidating Tenant’s manufacturing processaffiliates.

Appears in 1 contract

Samples: Lease Agreement (Nortech Systems Inc)

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, the common stairways, stairwells, and pipes, ducts, conduits, wires, and appurtenant fixtures serving exclusively or in common other parts of the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures), and if Tenant’s space includes less than the entire rentable area of any floor, excluding the central core area of such floor. Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park Building from time to time made by Landlord of which Tenant is given notice: (a) the common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or feeon a non-exclusive basis, up to 102 one hundred and fifty (150) parking spaces in the parking area adjacent serving the Building (subject to the Buildingreduction pursuant to subsection 6.2.4.1). Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to alter or relocate any other common facility, (c) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (cd) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing process.

Appears in 1 contract

Samples: Office Lease (Desktop Metal, Inc.)

Premises. 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, covenants and conditions and provisions of set forth in this Lease, the space (the "Premises") substantially shown outlined on the floor plan attached hereto as Exhibit A-1 and described in the Basic Lease Information, which Premises are located in the building (the "Building") described in the Basic Lease Information. As used in this Lease, the term "Building" shall include the parcel or parcels of land on which the Building is located and all appurtenances thereto. The Building is part of a larger business park known as Menlo Business Center as shown on the site plan attached hereto as Exhibit A‑2 (the land depicted on Exhibit A‑2, including the Building, shall be referred to herein as the "Business Center"). During the Lease Term, Tenant shall have the nonexclusive right, in common with other tenants of the Business Center, to use only for their intended purposes, exterior public portions of the Business Center, that are designated by Landlord from time to time as common areas and not leased to or allocated for the exclusive use of another tenant of the Business Center, and portions of the inside of the Building, such as hallways, lobbies, and bathrooms, that are designated by Landlord from time to time as common areas and not leased to or allocated for the exclusive use of another tenant of the Business Center. Landlord shall have the right from time to time to change the size, location, configuration, character or use of any such common areas, construct additional improvements or facilities in any such common areas, or close any such common areas, provided that Landlord shall not unreasonably interfere with, preclude or materially adversely affect Tenant’s access to or use of the Premises, excluding or any part thereof. Tenant shall not unreasonably interfere with the roofrights of Landlord and other tenants of the Building to use such common areas. All of the windows and outside decks or terraces and walls of the Premises and any space in the Premises used for shafts, exterior faces of exterior wallsstacks, and pipes, conduits, ducts, conduitselectric or other utilities, wiressinks or other Building facilities, and appurtenant fixtures the use thereof and access thereto through the Premises for the purposes of operation, maintenance and repairs, are reserved to Landlord. Subject to any temporary shutdown for repairs, for security purposes, for compliance with any legal restrictions, or due to strikes, lockouts, labor disputes, fire or other casualty, acts of God, acts of terror, or other causes beyond the reasonable control of Landlord, Tenant shall have access to the Premises 24 hours a day, each day of the Lease Term and during the Early Occupancy Period referred to in Section 2.3 below. 1.2 Tenant acknowledges that Xxxxxx has inspected the Premises and the Building or has had the Premises and the Building inspected by professional consultants retained by Xxxxxx, Tenant is familiar with the condition of the Premises and the Building, the Premises and the Building are suitable for Tenant's purposes, and the condition of the Premises and the Building is acceptable to Tenant. Landlord shall have no obligation to construct or install any improvements in the Premises or the Building or to remodel, renovate, recondition, alter or improve the Premises or the Building in any manner, and Tenant shall accept the Premises "as is" on the Commencement Date; provided, however, the foregoing shall not excuse Landlord of any of its maintenance, repair or replacement obligations under this Lease and Landlord agrees to deliver the Premises professionally cleaned. 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. Notwithstanding the foregoing, Landlord shall be responsible for causing at no cost to Tenant (including as an Operating Expense or otherwise), the Building Systems to be in good condition and repair as of the Commencement Date and for a period continuing until the date that is ninety (90) days following the date Tenant first occupies the Premises (the “Warranty Period”); provided, however, that the foregoing shall not imply any representation or warranty as to the useful life of such systems, nor shall the foregoing diminish Tenant's obligations under this Lease, if any, to perform any repairs, modifications or improvements to the same necessitated after the Commencement Date, whether by reason of Xxxxxx's use of the same, Xxxxxx's Alterations, ordinary wear and tear, or otherwise. For purposes of the foregoing "Building Systems" means the plumbing, air conditioning, heating, electrical, mechanical, security, life safety and power systems serving the Building (and any areasBuilding, such as the space above the ceiling except those special systems installed specifically for Tenant. 1.3 No easement for light, air or in the walls, that may contain such pipes, ducts, conduits, wires view is included with or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises. Any diminution or shutting off of light, rights air or view by any structure which may hereafter be erected (whether or not constructed by Landlord) shall in no way affect this Lease or impose any liability on Landlord. 1.4 Notwithstanding section 1.1 of this Lease relating to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord common areas of which Tenant is given notice: (a) common walkways and driveways necessary the Building for access to the Buildingparking, and (b) the common parking areas serving the Building. Tenant shall be permitted have the right to use, at no additional cost or feecharge to Tenant, up to 102 the number of parking spaces specified in the Basic Lease Information. No parking area adjacent spaces shall be reserved for the exclusive use of Tenant. Tenant shall use such parking spaces solely for parking automobiles of Tenant's officers and employees. Tenant shall not, at any time, use more than the number of parking spaces specified in the Basic Lease Information. Tenant shall comply with all reasonable Rules and Regulations and all laws now or hereafter in effect relating to the Buildinguse of parking spaces. Without limiting the foregoing, in no event shall this Lease be void or voidable, nor shall Landlord be liable to Tenant may identify 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. In the event Tenant’s parking rights are materially diminished, curtailed, limited or adversely affected by any of these spaces the causes or events described in the immediately preceding sentence, Landlord shall exercise commercially reasonable and diligent efforts to restore Xxxxxx’s parking rights as “visitor parking only,” soon as reasonably practicable under the circumstances. 1.5 As required by Section 1938(a) of the California Civil Code, Landlord discloses to Tenant that the Premises have not undergone inspection by a Certified Access Specialist ("CASp"). As required by Section 1938(e) of the California Civil Code, Landlord also states that: "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, 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 manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." 1.6 As permitted by the quoted language above, it is agreed that: (a) any CASp inspection requested by Tenant shall be requested by Tenant within ten (10) days after the date on which this Lease has been executed by Landlord and Tenant, (b) the contract under which the inspection is to be performed shall not limit the CASp's liability if the CASp fails to perform the inspection in accordance with the Northwest Park sign policy. standard of care applicable to experts performing such inspections, Landlord reserves shall be an intended third party beneficiary of such contract and the right from time contract shall otherwise comply with the provisions of this Lease applicable to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate Tenant contracts for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and construction; (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, CASp inspection shall be conducted (i) at its own Tenant's sole cost and expense, (ii) by a CASp approved in advance by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), (iii) after normal business hours, (iv) in a manner reasonably satisfactory to require TenantLandlord, and (v) shall be addressed to, and, upon one hundred eighty completion, promptly delivered to, Landlord and Tenant; (180d) days’ notice, to relocate its Premises elsewhere the information in the Park after the expiration of the Original Terminspection shall not be disclosed by Tenant to anyone other than contractors, to an area of substantially equivalent size and at least of the equivalent qualitysubcontractors, and with substantially similar improvements consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose such information and/or as are in required to be disclosed by law, court order or other civil process, such as a subpoena; and (e) to the extent that such CASp inspection requested by Xxxxxx identifies any necessary repairs to correct violations of construction-related accessibility standards within the Premises, as designated the provisions of Article 14 below shall govern Tenant's responsibility to make such repairs to the Premises. Landlord may elect to perform any portion of such work at Tenant's expense, which expense shall be estimated by Landlord and prepaid by Tenant within ten (10) days after Landlord's request. If Landlord When the work is substantially completed, the estimated and actual costs and charges for such work shall exercise such right to relocate Tenant, Landlord be compared and Tenant shall receive a credit against future Rent for any overpayment and shall pay for any underpayment to Landlord with the next installment of Rent due hereunder. Tenant hereby waives, to the extent permitted by law, any and all Tenant’s reasonable relocation costs, including costs rights it otherwise might now or hereafter have under Section 1938 of moving and revalidating Tenant’s manufacturing processthe California Civil Code.

Appears in 1 contract

Samples: Lease (Talis Biomedical Corp)

Premises. 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, covenants and conditions and provisions of set forth in this Lease, the space (the "Premises") substantially shown outlined on the floor plan attached hereto as Exhibit A and described in the Basic Lease Information, excluding which Premises are located in the roofbuilding (the "Building") described in the Basic Lease Information. As used in this Lease, exterior faces the term "Building" shall include the parcel or parcels of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving land on which the Building (is located and any areasall appurtenances thereto. During the Lease Term, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall havehave the nonexclusive right, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to common with other tenants of the Park Building, to use only for their intended purposes of lobbies, entrances, stairs, elevators and other public portions of the Building, that are designated by Landlord from time to time made by Landlord as common areas and not leased to or allocated for the exclusive use of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving another tenant of the Building. Landlord shall have the right from time to time to change the size, location, configuration, character or use of any such common areas, construct additional improvements or facilities in any such common areas, or close any such common areas; provided, however, Landlord shall use commercially reasonable efforts to not materially adversely affect Tenant's access to and use of the Premises and parking areas. Tenant shall be permitted not interfere with the rights of Landlord and other tenants of the Building to useuse such common areas. All of the windows and outside decks or terraces 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; provided, however, at no additional cost to Tenant, Landlord shall permit Tenant the nonexclusive right, in common with Landlord and other tenants of the Building, to utilize the existing Building risers, raceways, shafts and conduit for the installation and operation of Tenant's telecommunications systems, including voice, video, data, internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems, and Landlord shall provide Tenant with reasonable access, at reasonable times determined by Landlord, to other areas within the Building (other than the premises of other tenants), including the Building’s MPOE (main point of entry), as reasonably necessary for the installation of required infrastructure for Tenant’s telecommunications systems. 1.2 Tenant acknowledges that Tenant has inspected the Premises and the Building or feehas had the Premises and the Building inspected by professional consultants retained by Tenant, up Tenant is familiar with the condition of the Premises and the Building, the Premises and the Building are suitable for Tenant's purposes, and, except for the Landlord's Work (as defined in Exhibit B) to 102 be constructed or installed by Landlord pursuant to Exhibit B, the condition of the Premises and the Building is acceptable to Tenant. Except for the Landlord's Work to be constructed or installed by Landlord pursuant to Exhibit B, and as otherwise expressly set forth in this Lease, Landlord shall have no obligation to construct or install any improvements in the Premises or the Building or to remodel, renovate, recondition, alter or improve the Premises or the Building in any manner, and Tenant shall accept the Premises "as is" on the Commencement Date subject to Landlord's Work being substantially complete and the Landlord's Warranty (as defined below). 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. Notwithstanding the foregoing, subject to Landlord's substantial completion of the Landlord's Work, Landlord shall be responsible for causing as of the Delivery Date, at no cost to Tenant, the structural portions of the roof, and the Base Building systems (as defined below) to be in good condition and repair, and the Building and Premises to be in compliance with all applicable codes, laws, ordinances, rules and regulations (including, but not limited to in compliance with the American with Disabilities Act ("ADA")) that were in effect as of the date such 1131701.06/SF372493-00050/1-31-20/pwn/pwn -1- improvements were constructed (the "Landlord's Warranty"). If a non-compliance with the Landlord Warranty exists as of the Delivery Date or any non-compliance is discovered by Tenant within one hundred twenty (120) days following the Delivery Date, then Tenant shall provide written notice of same to Landlord, and Landlord shall rectify such lack of compliance at Landlord's sole cost and expense; provided, however, that the foregoing shall not diminish Tenant's responsibility to perform any repairs, modifications or improvements if necessitated after the Delivery Date due to Xxxxxx's use of the same, Xxxxxx's Alterations, ordinary wear and tear. For purposes of this Lease "Base Building systems" means all Base Building systems (including, elevator, plumbing, air conditioning, heating, ventilation, electrical, security, life safety and power, and other mechanical and emergency systems for the Building), except (A) those special systems installed for specific tenants (including Tenant), (B) any systems installed by Tenant as part of the Alterations performed by Tenant to the Premises and (C) the portion of any Building system within any specific tenant space (including the Premises) or which exclusively serves such tenant or is otherwise the responsibility of such tenant pursuant to its lease. 1.3 No easement for light, air or view is included with or appurtenant to the Premises. Any diminution or shutting off of light, air or view by any structure which may hereafter be erected (whether or not constructed by Landlord) shall in no way affect this Lease or impose any liability on Landlord. 1.4 Notwithstanding section 1.1 of this Lease relating to use of the common areas of the Building for parking, Tenant shall have the right to use only the number of parking spaces specified in the Basic Lease Information at no additional cost or expense throughout the Lease Term. No parking area adjacent spaces shall be reserved for the exclusive use of Tenant. Tenant shall use such parking spaces solely for parking automobiles of Tenant's officers and employees. Tenant shall not, at any time, use more than the number of parking spaces specified in the Basic Lease Information. Tenant shall comply with all Rules and Regulations and all laws now or hereafter in effect relating to the Buildinguse 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. 1.5 As required by Section 1938(a) of the California Civil Code, Landlord discloses to Tenant that the Premises have not undergone inspection by a Certified Access Specialist ("CASp"). As required by Section 1938(e) of the California Civil Code, Landlord also states that: "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, the commercial property owner or lessor may identify 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 manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of these spaces as “visitor parking only,” construction-related accessibility standards within the premises." As permitted by the quoted language above, it is agreed that: (a) any CASp inspection requested by Tenant shall be requested by Tenant within ten (10) days after the date on which this Lease has been executed by Landlord and Tenant, (b) the contract under which the inspection is to be performed shall not limit the CASp's liability if the CASp fails to perform the inspection in accordance with the Northwest Park sign policy. standard of care applicable to experts performing such inspections, Landlord reserves shall be an intended third party beneficiary of such contract and the right from time contract shall otherwise comply with the provisions of this Lease applicable to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate Tenant contracts for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and construction; (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, CASp inspection shall be conducted (i) at its own Tenant's sole cost and expense, (ii) by a CASp approved in advance by Landlord, (iii) after normal business hours, (iv) in a manner reasonably satisfactory to require TenantLandlord, and (v) shall be addressed to, and, upon one hundred eighty completion, promptly delivered to, Landlord and Tenant; (180d) days’ notice, to relocate its Premises elsewhere the information in the Park after the expiration of the Original Terminspection shall not be disclosed by Tenant to anyone other than contractors, to an area of substantially equivalent size and at least of the equivalent qualitysubcontractors, and with substantially similar improvements as are consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose such information; and (e) to the extent that such CASp inspection identifies any necessary repairs to correct violations of construction-related accessibility standards within the Premises, as designated the provisions of Article 14 below shall govern 1131701.06/SF372493-00050/1-31-20/pwn/pwn -2- Tenant’s responsibility to make such repairs to the Premises. Landlord may elect to perform any portion of such work at Tenant's expense, which expense shall be estimated by Landlord and prepaid by Tenant within ten (10) days after Landlord's request. If Landlord When the work is substantially completed, the estimated and actual costs and charges for such work shall exercise such right to relocate Tenant, Landlord be compared and Tenant shall receive a credit against future Rent for any overpayment and shall pay for all Tenant’s reasonable relocation costs, including costs any underpayment to Landlord with the next installment of moving and revalidating Tenant’s manufacturing processRent due hereunder.

Appears in 1 contract

Samples: Lease (Dexcom Inc)

Premises. The Landlord hereby leases to Tenant the Tenant, and the Tenant hereby leases from the Landlord, subject to and with for the benefit of the terms, covenants, conditions and provisions of this LeaseTerm, the Premises. The Premises shall exclude the office entry and office lobby of the Building, excluding first floor elevator lobby, first floor mail room, atrium, bridges and walkways, the roofcommon stairways and stairwells, exterior faces of exterior wallselevators and elevator xxxxx, boiler room,· sprinklers, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas. electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses to the extent they house Building equipment and pipes, ducts, conduits, wires, and appurtenant fixtures and equipment serving the Building (and any areas, such as the space above the ceiling exclusively or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and 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 and toilets located on such floor. Tenant is currently in possession of the Premises under the Existing Leases and Tenant acknowledges that, except as expressly set forth in this Lease, there have been no representations or eitherwarranties made by or on behalf of the Landlord with respect to the Premises, pipes, ducts, conduits, wires the Building or the Property or with respect to the suitability of any of them for the conduct of the Tenant’s business. Tenant accepts the Premises in its AS IS condition and appurtenant fixtures, wherever located in agrees that Landlord makes no representation or warranty with respect to the condition of the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and, except for Landlord’s express obligations set forth in this Lease and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate TenantExhibit C attached hereto, Landlord shall pay not be required to perform any work, install any fixtures or equipment, contribute any funds or render any services to make the Building or the Premises ready or suitable for all Tenant’s reasonable relocation costsuse or occupancy under this Lease. The Existing Leases shall terminate at the close of the day on the day immediately preceding the Commencement Date (the “Existing Lease Termination Date”) as if the Existing Lease Termination Date was the expiration date of the Existing Leases and shall be superseded by this Lease, except that any obligations or liabilities, including costs indemnification obligations, that expressly survive the expiration or termination of moving and revalidating Tenant’s manufacturing processthe Existing Leases shall survive such termination as provided in the Existing Leases.

Appears in 1 contract

Samples: Lease Agreement (Vericel Corp)

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Premises. (a) Landlord hereby leases and demises to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building . (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). b) Tenant shall have, as appurtenant to the Premises, rights the right to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given noticecommon with others entitled thereto: (a) common walkways and driveways necessary for access to the Building, and (bi) the common parking areas serving facilities included in the Building. Tenant shall be permitted to useBuilding or on the Land, at no additional cost or fee, up to 102 including the Building elevator and the parking spaces in the parking area adjacent (subject to the Buildinglimitations set forth in Section 1. 1 hereof), and two (2) common tailboard loading docks, all on an unreserved, first-come, first-served basis, and in the locations from time to time designated by Landlord, and (ii) the building service fixtures and equipment serving the Premises. Notwithstanding the foregoing, Landlord also reserves the right to issue parking stickers, passes or access cards to Tenant in which case: (A) parking by Tenant, its employees and agents in the parking facilities for the Building shall be restricted solely to vehicles on which a parking sticker is displayed (in such location on such vehicle as may identify be specified by Landlord), or to one vehicle for each employee or agent of Tenant to whom a parking pass or access card has been issued, as the case may be; (B) Landlord shall have the right to tow and remove from the parking area any vehicle parked in such parking area without a parking sticker issued by Landlord and displayed in such specified location, or without a pass or access card issued by Landlord, at the expense of these the owner of the vehicle; (C) in the event that Tenant shall at any time during this Term of this Lease have been issued more parking stickers, passes or access cards than the number to which it is entitled based upon the rentable floor area of the Premises, as it may be adjusted from time to time, Tenant shall immediately return to Landlord so many of such stickers, passes or access cards as may be necessary to restore Tenant to the number of such stickers, passes or access cards permitted hereunder; and (D) Landlord shall provide and designate a sufficient number of parking spaces as “for visitor parking only,” in accordance with the Northwest Park sign policy. use. (c) Landlord reserves the right from time to time, without unreasonable interference with access to or use of the PremisesTenant's use, to: (ai) to install, repair, replace, use, maintain, repair, replace maintain and relocate for service to the Premises and to other parts of the Building, Building or either, pipes, ducts, conduits, wires building service fixtures and appurtenant fixtures, equipment wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, Building and (cii) alter or relocate any common facilities, including, without limitation, parking and loading facilities, provided that in connection with all events substitutions are substantially equivalent. (d) Notwithstanding the foregoing provisions of this Section 2.1.1, Landlord hereby agrees not to grant any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall other tenant of the Building from injury or damage and any reserved parking spaces in such parking area unless Landlord also grants to support Tenant a proportionate number of reserved parking spaces (based upon the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere rentable floor area in the Park after the expiration of the Original Term, to an area of Building occupied by each such tenant) in a substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processlocation.

Appears in 1 contract

Samples: Building Lease (Furniture Com Inc)

Premises. Landlord hereby 2.1 Tenant leases to Tenant and Tenant hereby leases the Premises from Landlord, and Landlord leases the Premises to Tenant, for the Term. In addition thereto, Tenant shall have the non-exclusive right to use the Common Areas (as the same may be designated by Landlord from time to time) during the Term, subject to and with upon the benefit terms and conditions of this Lease including, without limitation, the rules and regulations from time to time promulgated by Landlord or any managing agent of the termsBuilding. Notwithstanding the foregoing, covenants, conditions and provisions or any other provision of this Lease, Tenant’s non-exclusive right to use the Premises, excluding Common Areas shall not include the right to use the roof, exterior faces of exterior walls, and pipesland beneath the Building, ductsmechanical rooms, conduitselectrical closets, wiresjanitorial closets, telephone rooms, or any other portions of the Common Areas not generally made available to all tenants of the Building, except to the extent specifically provided in this Lease. Landlord agrees to reasonably cooperate with Tenant in the removal of existing telecommunications wiring not being utilized by Landlord in connection with other portions of the Building, if required by Tenant, and appurtenant fixtures serving permitting Tenant to utilize, on a non-exclusive basis, those shafts, columns and conduits within such Building as may be reasonably designated by Landlord and which are located within the Common Areas of the Building for the purpose of permitting Tenant to install wiring for such telecommunications services reasonably required for Tenant’s use of its Premises (including roof telecommunications equipment as permitted herein). The installation of any such wiring any conduit therefor (including obtaining any necessary permits and any areas, approvals for such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures)installation) shall be performed by Tenant at Tenant’s sole cost and expense. Tenant shall havebe responsible for the removal of any and all wiring in the ceiling, as appurtenant to shafts, columns and conduits of the Premises which will not be utilized by Tenant during the term of the Lease. Landlord shall be responsible at Landlord’s expense for removal (if required by Legal Requirements or by Tenant for installation of Tenant’s wiring serving the Premises, rights to use ) and/or management of any and all wiring in common, subject to reasonable rules of general applicability to tenants the ceiling of the Park from time second floor of the Building which is not needed by Tenant to time made service the Premises and which will be cut by Tenant with the cooperation of Landlord. Landlord and Tenant shall reasonably cooperate in the installation and removal of which Tenant is given notice: (a) common walkways any and driveways necessary for access to all existing wiring in the Building, floor of the Premises and (b) the common parking areas serving ceiling of the second floor of the Building. Tenant shall be permitted have the right to use, at no additional cost or fee, up to 102 parking spaces install wiring in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or use ceiling of the Premises: (a) to installsecond floor of the Building in cooperation with Landlord, use, maintain, repair, replace and relocate for service to provided that Tenant shall in no way disturb or interfere with any existing wiring currently in the Premises and ceiling of the second floor of the Building which serves any other parts portion of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make Tenant shall perform any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the installation during non-Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processHours.

Appears in 1 contract

Samples: Lease Agreement (Jackson Hewitt Tax Service Inc)

Premises. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, the common lobbies, hallways, stairways, stairwells, elevator shafts and pipes, ducts, conduits, wiresother common areas, and appurtenant fixtures serving the Building (and any areasescalators, such as the space above the ceiling or in the wallselevators, that may contain such pipes, ducts, conduits, wires or and appurtenant fixtures)fixtures and other common facilities serving the common areas, the Premises and the premises of other tenants in the Building. Tenant shall have, as appurtenant to the Premises, rights to use use, in commoncommon with others, subject to reasonable rules of general applicability to tenants of the Park Building from time to time made by Landlord of which Tenant is given written notice: (a) the common walkways lobbies, hallways and driveways necessary for access to stairways of the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or eitherelevators, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in fixtures and other common facilities serving the Premises or BuildingPremises, (bc) to make any repairs common walkways and replacements driveways (if any) necessary for access to the Premises which Landlord may deem necessaryBuilding, and (cd) if the Premises include less than all of the rentable area of any floor of the Building, the common toilets and other common facilities located on such floor. If Landlord so requests by at least one hundred twenty (120) days prior written notice to Tenant, Tenant shall vacate the Premises and relinquish its rights with respect to the same provided that Landlord shall provide to Tenant substitute space in connection with any excavation made upon adjacent land of Landlord or othersthe Building, such space to enterbe reasonably comparable in size, layout and finish to the Premises, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. further provided that Landlord reserves the rightshall, at its own sole cost and expense, move Tenant and its equipment, furniture and other removable personal property from the Premises to require Tenant, upon one hundred eighty (180) days’ noticesuch new space in such manner as will minimize, to relocate its the greatest extent practicable, undue interference with the business or operations of Tenant and shall reimburse Tenant for all reasonable out of pocket costs and expenses related to relocating of telephone and computer lines, any utility charges and any replacement of existing stock of any obsolete stationary where necessary. Any such substitute space shall, from and after the date such space is so provided, be treated as the Premises elsewhere demised under this Lease, and shall be occupied by Tenant under the same terms, provisions and conditions as are set forth in this Lease; there shall be no increase in Annual Fixed Rent or Tenant’s Percentage regardless of any possible increase in square footage; and in the Park after event the expiration of the Original Termrentable square footage is less, to an area of substantially equivalent size and at least of the equivalent qualitythen Annual Fixed Rent, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processPercentage shall be correspondingly reduced.

Appears in 1 contract

Samples: Lease Agreement (Amylyx Pharmaceuticals, Inc.)

Premises. (a) Landlord hereby leases to Tenant Tenant, and Tenant hereby leases takes from Landlord upon the terms and conditions contained herein, the Premises together with all rights, privileges, easements, and appurtenances thereto, which shall include the following: [ X ] Real property comprised of approximately two thousand, five hundred (2,500) square feet of land [ X ] Non-exclusive easement required to run utility lines and cables [ X ] Non-exclusive easement across Landlord’s Premises for access [ X ] Non-exclusive easement required for a landscape perimeter as determined by the local governing municipality IN OR UPON THE Landlord’s real property (“Landlord’s Property”) which is located at 0000 Xxxxxxxxxx Xxxxxxxxx, subject Xxxx X Xxxxx, Xxxxx Xxxxxx, Xxxxxxx 00000. (b) In the event that: (i) any governmental entity requires a relocation, expansion, or alteration of all or any portion of the Premises, including any access and utility easements granted herein, in order for the governmental entity to grant the necessary approvals and permits for Tenant to use of the Premises in accordance with the benefit terms of the terms, covenants, conditions and provisions of by this Lease, or (ii) due to conditions unknown to Tenant at the time that this Lease was executed, the location of the Premises as contemplated herein, the Landlord hereby agrees to modify the Premises or otherwise expand or alter the Premises, excluding the roof, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areasat no cost to Tenant, such that Tenant can use the Premises as set forth in this Lease, provided that Tenant will bear the space above construction costs associated with modifying, relocating, or otherwise expanding the ceiling Premises. (c) Owner also hereby grants to Tenant the right to survey the Landlords Property and the Premises in order to more particularly describe the location of the Premises. Upon Tenant’s completion of the survey, the legal descriptions derived from the survey shall be controlling and shall supersede and replace any contrary description contained in this Lease or contained within the Memorandum, as defined in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures31(h). Tenant shall have, as appurtenant provide a copy of this survey to the PremisesLandlord, rights and the Landlord hereby authorizes Tenant to use replace Exhibits “A” and “B” of this Lease and the exhibits attached to the Memorandum with updated exhibits based on the information contained in common, subject to reasonable rules of general applicability to tenants the survey. The cost for such work shall be borne by Tenant. Landlord understands and agrees that the legal descriptions contained in the survey may vary from the description of the Park from time Premises contained in this Lease and the Memorandum due to time made by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all factors beyond Tenant’s reasonable relocation costscontrol, including costs of moving without limitation, zoning, environmental and revalidating Tenant’s manufacturing processengineering conditions.

Appears in 1 contract

Samples: Lease Agreement

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, the common stairways, stairwells, elevators and elevator shafts, and pipes, ducts, conduits, wires, and appurtenant fixtures serving exclusively or in common other parts of the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures), and if Tenant’s space includes less than entire rentable area of any floor, excluding the central core area of such floor. Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park Building from time to time made by Landlord of which Tenant is given notice: (a) the common lobbies, hallways, stairways, and elevators of the Building, (b) common walkways and driveways necessary for access to the Building, and (bc) the common parking areas serving the Building, and (d) if the Premises include less than the entire rentable area of any floor, the common toilets and other common facilities in the central core area of such floor. Tenant shall be permitted to use, at no additional cost or fee, use up to 102 54 parking spaces in the parking area adjacent to serving the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or Tenant’s use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to alter or relocate any other common facility, (c) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (cd) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves Tenant shall have access to the rightPremises twenty-four (24) hours per day, at its own cost and expense, to require Tenant, upon one hundred eighty seven (1807) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processdays per week.

Appears in 1 contract

Samples: Lease (Gensym Corp)

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, the common lobbies, hallways, stairways, stairwells, elevator shafts and pipes, ducts, conduits, wiresother common areas, and appurtenant fixtures serving the Building (and any areasescalators, such as the space above the ceiling or in the wallselevators, that may contain such pipes, ducts, conduits, wires or and appurtenant fixtures)fixtures and other common facilities serving the common areas, the Premises and the premises of other tenants in the Building. Tenant shall have, as appurtenant to the Premises, rights to use use, in commoncommon with others, subject to reasonable rules of general applicability to tenants of the Park Building from time to time made by Landlord of which Tenant is given notice: (a) the common walkways lobbies, hallways and driveways necessary for access to stairways of the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted to useescalators, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or eitherelevators, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in fixtures and other common facilities serving the Premises or BuildingPremises, (bc) to make any repairs common walkways and replacements driveways (if any) necessary for access to the Premises which Landlord may deem necessaryBuilding, and (cd) if the Premises include less than all of the rentable area of any floor of the Building, the common toilets and other common facilities located on such floor. Landlord shall have the right (the “Relocation Right”) to require, if Landlord so requests, Tenant to vacate the Premises and relinquish its rights with respect to the same provided that Landlord shall provide to Tenant substitute space in the Building, such space to be reasonably comparable in size, layout, finish and utility to the Premises, and further provided that Landlord shall, at its sole cost and expense, move Tenant and its equipment, furniture and other removable personal property from the Premises to such new space in such manner as will minimize, to the greatest extent practicable, undue interference with the business or operations of Tenant. Any such substitute space shall, from and after the date such space is so provided, be treated as the Premises demised under this Lease, and shall be occupied by Tenant under the same terms, provisions and conditions as are set forth in this Lease. Notwithstanding the foregoing, if any substitute space includes less than 7,246 rentable square feet, then, on and after the date that Tenant occupies such substitute space, the Annual Fixed Rent due hereunder shall be adjusted in proportion to the reduction in rentable square feet, and in no event shall the Annual Fixed Rent be increased as the result of Landlord’s exercise of the Relocation Right. Landlord shall only be permitted to exercise its Relocation Right once under this Lease, either during the Initial Term or the Extended Term (if applicable), provided, however, that in no event shall Landlord exercise its Relocation Right on or before January 31, 2015, and shall pay for all reasonable costs incurred by Tenant in connection with any excavation made upon adjacent land of Landlord or otherssuch move (including, to enterbut not limited to, costs incurred in connection with changing Tenant’s stationery, changing utilities, and any other costs reasonably required to license others effectuate such move). In the event that Tenant has installed improvements to enterthe Premises, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the rightshall, at its own cost and expensecost, cause improvements of a quality that is equal to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere or better than those installed by Tenant in the Park after the expiration of the Original Term, Premises to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are be installed in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processnew space.

Appears in 1 contract

Samples: Lease (Liquid Holdings Group, Inc.)

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces use of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the roof of the Building (for telecommunications equipment, Landlord reserving the right, from time to time, without unreasonable interference with Tenant's use of the Premises, to install, use and any areas, such as repair telecommunications equipment on the space above roof of the ceiling or Building. Except in the wallscase of an emergency, that may contain such pipesLandlord shall use reasonable efforts to provide Tenant with notice prior to Landlord installation, ducts, conduits, wires use or appurtenant fixtures)repair of telecom equipment on the roof of the Building. Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: (a) the common walkways and driveways necessary for access to the Building, Building and (b) the common parking areas serving the Building. As of the date of this Lease, the Premises are in compliance with the Massachusetts building code. Tenant shall be permitted to use, at no additional cost or fee, use up to 102 parking spaces in the parking area adjacent to serving the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to alter or relocate any other common facility, (c) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (cd) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere Except in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenantemergency, Landlord shall pay for all Tenant’s use reasonable relocation costs, including costs efforts to provide Tenant with notice prior to entering the Premises in connection with Landlord's exercise of moving and revalidating Tenant’s manufacturing processits rights under this paragraph.

Appears in 1 contract

Samples: Lease (Acme Packet Inc)

Premises. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, and of any agreements, cross easements and restrictions, as the Premisessame may be amended from time to time, excluding applicable to the Property, all of which Tenant and Landlord shall observe and perform insofar as the same are applicable to the Property; provided, however, that no such agreements, cross-easements or restrictions shall prevent Tenant from exercising its rights under this Lease. Excluded from the Premises are roof, exterior faces of exterior walls, the common stairways, stairwells, elevators and elevator shafts, and pipes, ducts, conduits, wires, and appurtenant fixtures serving exclusively or in common other parts of the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures), and if Tenant’s space includes less than entire rentable area of any floor, excluding the central core area of such floor. Notwithstanding the foregoing, a portion of the Initial Premises on the second floor contains a corridor that runs from the central core area to the loading dock at the rear of the second floor wing of the Initial Premises, which corridor may be utilized by other tenants for access to their premises from the loading dock. Tenant agrees to permit other tenants to utilize and have unhindered access to the corridor from time to time, upon reasonable prior notice from Landlord (which may be oral). Landlord shall have no liability to Tenant arising out of the use of the corridor by other tenants, and their agents, to access the loading dock. However, Landlord shall endeavor to obtain from any third parties utilizing the corridor a waiver of all claims against Landlord and Tenant, reasonably acceptable to Landlord and Tenant, prior to granting such third parties access to the corridor. The term “Initial Premises” as used in this Lease shall mean and include the entire 65,941 square feet of rentable floor area initially leased to Tenant as of the date of this Lease. Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park Building from time to time made by Landlord of which Tenant is given notice: (a) the common walkways lobbies, hallways, stairways, and elevators of the Building, (b) common walkways, roadways, and driveways necessary for access to the BuildingBuilding and the Property, and (bc) the common parking areas serving the Building, (d) if the Premises include less than the entire rentable area of any floor, the common toilets and other common facilities of such floor; and (e) all so-called common areas, facilities and amenities of the Park serving the Property for the benefit of tenants for access, egress and the like, including, without limitation, all roadways, walkways and driveways, and the common on-site cafeteria. The areas and facilities described in clauses (a) through (d) above are referred to as “Building Common Areas.” The areas, facilities and amenities of the Park described to in clause (e) are referred to as “Campus Common Areas.” Tenant shall be permitted permitted, on an unreserved basis, to use, at no additional cost or fee, use up to 102 1 parking spaces space per 300 rentable square feet of the Premises, in the surface parking area adjacent serving the Building; or in a parking area proximate to the Building. Landlord shall have the right to relocate the parking area, or any portion thereof, at any time during the term of this Lease, so long as Tenant’s parking rights pursuant to this paragraph are not diminished. If at any time during the term Landlord grants reserved parking to other tenants of the Building, then Landlord shall similarly provide Tenant may identify any reserved parking, on a pro-rata basis based upon the Rentable Floor Area of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policyPremises, at or near the Building. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to alter or relocate any other common facility, (c) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (cd) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Notwithstanding the foregoing, any installation or relocation to be performed by Landlord reserves within the right, at its own cost and expensePremises (i) shall be located, to require Tenantthe extent reasonably practicable, upon one hundred eighty within the ceiling plenum, the walls or floors, or within the chases, risers, ducts, conduits, lines, shafts or similar concealed areas and, (180ii) days’ noticein all cases, to relocate its Premises elsewhere in the Park after the expiration extent reasonably practicable, (1) shall be performed and installed at such times and by such methods as will not materially interfere with Tenant’s use of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord damage the appearance thereof, or reduce the rentable area thereof more than a de minimus amount (provided that any substantial reduction in rentable area shall exercise such right entitle Tenant to relocate Tenantan equitable reduction of rent), Landlord shall pay for all (2) shall, if possible, be coordinated and scheduled with Tenant in order to accommodate Tenant’s reasonable relocation costsbusiness needs, including costs of moving and revalidating (3) shall be located where practical and efficient, taking into account Tenant’s manufacturing processuse of the area of the Premises affected thereby.

Appears in 1 contract

Samples: Office Lease (Exa Corp)

Premises. BUILDING: BUILDING COMPLEX: COMMON AREAS. In consideration of the --------------------------------------------------- payment of the Rent and the performance of Landlord and Tenant's obligations under the Lease, Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord the premises as described on the Basic Lease Term Sheet and as depicted on Exhibit A (the "Premises") located in the building on the land described on --------- Exhibit B (the "Building"), subject together with a non-exclusive right to and with the benefit use all --------- common areas designated by Landlord for non-exclusive use of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord Building. The Building, real property, plazas, landscaped and parking areas, drives and related easements, common areas. and appurtenances are hereinafter collectively sometimes called the "Building Complex" whether all or a part of which Tenant is given notice: (a) common walkways and it. The "Common Areas" include the exterior plazas, Building entrances, walkways, driveways necessary for access to the Building, elevators, stairways, common lobbies and (b) corridors, and other areas designated from time-to-time by Landlord for the common parking areas serving use of all tenants of the Building; but specifically excluding (without limitation) covered, handicapped and other parking reserved for visitors and for use by those other than Tenant. All inspections of the Premises or Building Complex during construction under the Work Letter (defined in Paragraph 4) by Tenant its employees, architects, agents or representatives shall be at Tenant's sole risk, and Tenant shall indemnify and hold Landlord and its employees. partners, contractors, and Building Manager harmless from and against any and all injuries, death, damages, loss, claims, suits and liability arising out of any such inspection, except to the extent caused by the negligence or willful misconduct of Landlord, its agents or employees. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent not prior to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with Lease Commencement Date enter on the Northwest Park sign policy. Landlord reserves the right from time Premises or permit others to timedo so, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to except during normal work hours at the Premises and after prior notice to and approval by Landlord and Landlord's general contractor and subject to compliance with all safety requirements and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land rules of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as general contractor and the person causing such excavation deems necessary to preserve the wall requirements of the Building from injury or damage their insurers and to support the same. Landlord reserves the right, at its own cost applicable laws and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processregulations.

Appears in 1 contract

Samples: Office Lease (Firstworld Communications Inc)

Premises. Landlord hereby leases to Tenant the Tenant, and the Tenant hereby leases from the Landlord, subject to and with for the benefit of the terms, covenants, conditions and provisions of this LeaseTerm, the Premises, excluding . The Premises shall exclude the roof, exterior faces of exterior walls, entry and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts main lobby of the Building, or eitherfirst floor elevator lobby, first floor mail room, 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, loading docks and bays, disposal areas and dumpsters, rooftop mechanical penthouses to the extent they house Building equipment, and pipes, ducts, conduits, wires and appurtenant fixtures, wherever located fixtures and equipment serving exclusively or in common other parts of the Building. If the Premises or at any time includes less than the entire rentable floor area of any floor of the Building, (b) to make any repairs the Premises shall also exclude the common corridors, vestibules, elevator lobby and replacements toilets located on such floor. 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 which Landlord may deem necessaryPremises, and (c) the Building or the Property or with respect to the suitability of any of them for the conduct of the Tenant’s business. Tenant acknowledges that, except as expressly set forth in connection with any excavation made upon adjacent land of Landlord or othersthis Lease, to enter, and to license others to enter, upon it is accepting the Premises in its present “as-is” condition with no expectation that Landlord will or should perform or contribute toward the cost of any leasehold improvements required to do such work as prepare the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the samePremises for Tenant’s occupancy. Landlord reserves the rightshall be responsible, at its own sole cost and expense, to require Tenant(i) deliver the base building mechanical (HVAC), upon one hundred eighty electrical, life safety and plumbing systems serving the Premises in good operating condition and repair (180without limiting Landlord’s foregoing obligations, Tenant shall have the right to perform an independent due diligence of the Building’s base building infrastructure); (ii) days’ notice, to relocate its deliver the Premises elsewhere with those items identified as a Landlord Responsibility in the Park after the expiration Allocation of the Original Term, to an area Responsibilities attached hereto as Exhibit H Substantially Complete; (iii) Landlord shall provide Tenant with evidence of substantially equivalent size and at least of the equivalent qualitydecontamination issued by a qualified industrial hygienist, and (iv) deliver the Building including the Common Building Areas ADA compliant (collectively, “Landlord’s Work”). All of Landlord’s Work will be conducted by Landlord and its agents using building standard materials, shall be conducted in a good and workmanlike manner and in compliance with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processapplicable laws.

Appears in 1 contract

Samples: Lease (Voyager Therapeutics, Inc.)

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises. Tenant will have the non-exclusive right (in common with other tenants and all others to whom Landlord has granted or may grant such rights) to use the Common Areas (as defined below) for the purposes intended, excluding subject to such reasonable rules and regulations as Landlord may establish or modify from time to time. Tenant will not unreasonably interfere with the roofrights of Landlord, exterior faces other tenants, or any other person entitled to use the Common Areas. "Common Areas" means all areas within the Property which are available for the common use of exterior wallstenants of the Property and which are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, access roads, landscaping, and pipes, ducts, conduits, wiresplanted areas. The Duct Chase Space shall be used by Tenant solely for the placement of ductwork associated with vent hoods located in the Lab Area (as defined in Section 3.2 hereof), and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures)for no other purpose. Tenant shall have, as appurtenant have no right to access the Duct Chase Space from outside the Premises, rights except to the extent any such Duct Chase Space may be accessed directly from Common Areas immediately adjacent to such Duct Chase Space without unreasonably interfering with the use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made such Common Areas by Landlord and other tenants and occupants of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted have the right to the exclusive use, at no additional cost charge and at its sole risk, but otherwise in accordance with all the terms and conditions of this Lease, of the patio on the exterior of the Third Floor Premises (the "Patio"). Tenant shall be responsible, at its sole expense, for maintaining the Patio in a neat and tidy condition at all times, free of trash, rubbish, and waste. Tenant shall have access to the Premises 24 hours per day, 7 days per week, 52 weeks per year (including, without limitation, swipe card or fee, up to 102 parking spaces in the parking area adjacent key fob access to the Building's entrance doors and fitness center). Excepted and excluded from the Premises are the ceiling, floor and all perimeter walls of the Premises, except the inner surfaces thereof, but the entry doors to the Premises are a part thereof; and Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. agrees that Landlord reserves shall have the right from time to time, without unreasonable place in the Premises (but in such manner as to reduce to a minimum interference with access to or Tenant's use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or eitherutility lines, pipes, ducts, conduits, wires risers and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessarychasers, and (c) in connection with any excavation made the like, in, over and upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, provided that Landlord shall, if it is reasonably feasible, place such utility lines, pipes and the like behind the walls, above the ceilings and below the floor of the Premises, and that in no event shall any such utility lines, pipes and the like be run through the Lab Area within the Premises. Tenant shall install and maintain, as designated Landlord may require, proper access panels in any hung ceilings or walls as may be installed by Landlord. If Landlord shall exercise such right Tenant following completion of the initial improvements to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs afford access to any facilities above the ceiling or within or behind the walls of moving and revalidating Tenant’s manufacturing processthe Premises.

Appears in 1 contract

Samples: Lease (Collegium Pharmaceutical, Inc)

Premises. Landlord hereby leases to Tenant the Premises, together with the right to use the Exterior Areas for their intended purposes as driveways, sidewalks, parking, loading and landscaped areas. Tenant hereby leases from accepts the Premises, the Building and the Exterior Areas “AS-IS”, with all defects, if any, and without any representation or warranty of any kind, express or implied, by Landlord, other than as otherwise expressly set forth in this Lease, but subject to all of Landlord’s obligations expressly set forth in this Lease. Landlord warrants to Tenant that, (i) as of the date hereof, the Permitted Use has been approved (without the need for a special use permit) by the governmental authority having jurisdiction over the Property, and (ii) as of the Commencement Date, the Premises and the Exterior Areas (and access thereto) shall be in material compliance with all Applicable Laws, unless and to the extent a compliance obligation arises as a result of the acts or omissions of Tenant or any Tenant Party. In the event that, as of the Commencement Date, the Premises and the Exterior Areas (and access thereto) is not in compliance with all Applicable Laws other than as a result of the acts or omissions of Tenant or any Tenant Party, Landlord shall promptly remedy any such non-compliance at its sole cost and expense and indemnify and hold harmless Tenant and the Tenant Indemnitees with respect to any liability, damage, costs or losses incurred as a result of such non-compliance. Landlord shall have exclusive control of all Exterior Areas at all times, subject to and Tenant’s right to use same consistent with the benefit of the terms, covenants, conditions and provisions of this Lease. Within thirty (30) days following the Landlord Work Substantial Completion Date, Landlord shall provide to Tenant a certificate from Tenant’s Design Professional certifying to Landlord and Tenant the Premises, excluding rentable square footages of the roof, exterior faces of exterior walls, Premises and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” based on a calculation in accordance with the Northwest Park sign policy. Landlord reserves applicable Building Owners and Managers Association (BOMA) standards) and the right from time parties hereto shall enter into an amendment to time, without unreasonable interference with access this Lease to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located correct any inaccuracy in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord terms of this Lease that are dependent on such square footage as may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do be determined by such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costsmeasurement, including costs of moving and revalidating Tenant’s manufacturing processwithout limitation the Allowance.

Appears in 1 contract

Samples: Single Tenant Triple Net Lease (Prelude Therapeutics Inc)

Premises. 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, covenants and conditions and provisions of set forth in this Lease, the space (the “Premises”) substantially shown outlined on the floor plan attached hereto as Exhibit A and described in the Basic Lease Information, excluding which Premises are located in the roofbuilding (the “Building”) described in the Basic Lease Information. As used in this Lease, exterior faces the term “Building” shall include the parcel or parcels of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving land on which the Building (is located and any areasall appurtenances thereto. During the Lease Term, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall havehave the nonexclusive right, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to common with other tenants of the Park Building, to use only for their intended purposes of lobbies, entrances, stairs, elevators and other public portions of the Building, that are designated by Landlord from time to time made by Landlord as common areas and not leased to or allocated for the exclusive use of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving another tenant of the Building. Landlord shall have the right from time to time to change the size, location, configuration, character or use of any such common areas, construct additional improvements or facilities in any such common areas, or close any such common areas; provided, however, Landlord shall use commercially reasonable efforts to not materially adversely affect Tenant’s access to and use of the Premises and parking areas. Tenant shall be permitted not interfere with the rights of Landlord and other tenants of the Building to useuse such common areas. All of the windows and outside decks or terraces 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; provided, however, at no additional cost to Tenant, Landlord shall permit Tenant the nonexclusive right, in common with Landlord and other tenants of the Building, to utilize the existing Building risers, raceways, shafts and conduit for the installation and operation of Tenant’s telecommunications systems, including voice, video, data, internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems, and Landlord shall provide Tenant with reasonable access, at reasonable times determined by Landlord, to other areas within the Building (other than the premises of other tenants), including the Building’s MPOE (main point of entry), as reasonably necessary for the installation of required infrastructure for Tenant’s telecommunications systems. 1.2 Tenant acknowledges that Tenant has inspected the Premises and the Building or feehas had the Premises and the Building inspected by professional consultants retained by Xxxxxx, up Tenant is familiar with the condition of the Premises and the Building, the Premises and the Building are suitable for Tenant’s purposes, and, except for the Landlord’s Work (as defined in Exhibit B) to 102 be constructed or installed by Landlord pursuant to Exhibit B, the condition of the Premises and the Building is acceptable to Tenant. Except for the Landlord’s Work to be constructed or installed by Landlord pursuant to Exhibit B, and as otherwise expressly set forth in this Lease, Landlord shall have no obligation to construct or install any improvements in the Premises or the Building or to remodel, renovate, recondition, alter or improve the Premises or the Building in any manner, and Tenant shall accept the Premises “as is” on the Commencement Date subject to Landlord’s Work being substantially complete and the Landlord’s Warranty (as defined below). 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. Notwithstanding the foregoing, subject to Landlord’s substantial completion of the Landlord’s Work, Landlord shall be responsible for causing as of the Delivery Date, at no cost to Tenant, the structural portions of 1131701.06/SF372493-00050/1-31-20/pwn/pwn -1- the roof, and the Base Building systems (as defined below) to be in good condition and repair, and the Building and Premises to be in compliance with all applicable codes, laws, ordinances, rules and regulations (including, but not limited to in compliance with the American with Disabilities Act (“ADA”)) that were in effect as of the date such improvements were constructed (the “Landlord’s Warranty”). If a non-compliance with the Landlord Warranty exists as of the Delivery Date or any non-compliance is discovered by Tenant within one hundred twenty (120) days following the Delivery Date, then Tenant shall provide written notice of same to Landlord, and Landlord shall rectify such lack of compliance at Landlord’s sole cost and expense; provided, however, that the foregoing shall not diminish Tenant’s responsibility to perform any repairs, modifications or improvements if necessitated after the Delivery Date due to Xxxxxx’s use of the same, Xxxxxx’s Alterations, ordinary wear and tear. For purposes of this Lease “Base Building systems” means all Base Building systems (including, elevator, plumbing, air conditioning, heating, ventilation, electrical, security, life safety and power, and other mechanical and emergency systems for the Building), except (A) those special systems installed for specific tenants (including Tenant), (B) any systems installed by Tenant as part of the Alterations performed by Tenant to the Premises and (C) the portion of any Building system within any specific tenant space (including the Premises) or which exclusively serves such tenant or is otherwise the responsibility of such tenant pursuant to its lease. 1.3 No easement for light, air or view is included with or appurtenant to the Premises. Any diminution or shutting off of light, air or view by any structure which may hereafter be erected (whether or not constructed by Landlord) shall in no way affect this Lease or impose any liability on Landlord. 1.4 Notwithstanding section 1.1 of this Lease relating to use of the common areas of the Building for parking, Tenant shall have the right to use only the number of parking spaces specified in the Basic Lease Information at no additional cost or expense throughout the Lease Term. No parking area adjacent spaces shall be reserved for the exclusive use of Tenant. Tenant shall use such parking spaces solely for parking automobiles of Tenant’s officers and employees. Tenant shall not, at any time, use more than the number of parking spaces specified in the Basic Lease Information. Tenant shall comply with all Rules and Regulations and all laws now or hereafter in effect relating to the Buildinguse 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. 1.5 As required by Section 1938(a) of the California Civil Code, Landlord discloses to Tenant that the Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) of the California Civil Code, Landlord also states that: “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, the commercial property owner or lessor may identify 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 manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of these spaces as “visitor parking only,construction-related accessibility standards within the premises.As permitted by the quoted language above, it is agreed that: (a) any CASp inspection requested by Tenant shall be requested by Tenant within ten (10) days after the date on which this Lease has been executed by Landlord and Tenant, (b) the contract under which the inspection is to be performed shall not limit the CASp’s liability if the CASp fails to perform the inspection in accordance with the Northwest Park sign policy. standard of care applicable to experts performing such inspections, Landlord reserves shall be an intended third party beneficiary of such contract and the right from time 1131701.06/SF372493-00050/1-31-20/pwn/pwn -2- contract shall otherwise comply with the provisions of this Lease applicable to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate Tenant contracts for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and construction; (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, CASp inspection shall be conducted (i) at its own Tenant’s sole cost and expense, (ii) by a CASp approved in advance by Landlord, (iii) after normal business hours, (iv) in a manner reasonably satisfactory to require TenantLandlord, and (v) shall be addressed to, and, upon one hundred eighty completion, promptly delivered to, Landlord and Tenant; (180d) days’ notice, to relocate its Premises elsewhere the information in the Park after the expiration of the Original Terminspection shall not be disclosed by Tenant to anyone other than contractors, to an area of substantially equivalent size and at least of the equivalent qualitysubcontractors, and with substantially similar improvements as are consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose such information; and (e) to the extent that such CASp inspection identifies any necessary repairs to correct violations of construction-related accessibility standards within the Premises, as designated the provisions of Article 14 below shall govern Tenant’s responsibility to make such repairs to the Premises. Landlord may elect to perform any portion of such work at Tenant’s expense, which expense shall be estimated by Landlord and prepaid by Tenant within ten (10) days after Landlord’s request. If Landlord When the work is substantially completed, the estimated and actual costs and charges for such work shall exercise such right to relocate Tenant, Landlord be compared and Tenant shall receive a credit against future Rent for any overpayment and shall pay for all Tenant’s reasonable relocation costs, including costs any underpayment to Landlord with the next installment of moving and revalidating Tenant’s manufacturing processRent due hereunder.

Appears in 1 contract

Samples: Lease (Dexcom Inc)

Premises. Landlord hereby leases LEASES to Tenant and Tenant hereby leases from Landlordthe Premises, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, together with all easements, rights or privileges necessary in connection with the Premisesuse of the Premises for the Permitted Uses. Tenant shall have the use, excluding in common with others entitled thereto, of the roofroadways, exterior faces of exterior wallsdriveways, parking areas, sidewalks and pipes, ducts, conduits, wires, and appurtenant fixtures all other Common Areas serving the Building (and any areasComplex, such as the space above the ceiling or in the walls, that same may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant be adjusted by Landlord from time to the Premises, rights to use in common, time and all subject to reasonable rules of general applicability to tenants of the Park and regulations promulgated by Landlord from time to time made by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access the “Common Areas”). Notwithstanding anything to the Buildingcontrary contained herein, Landlord and (b) Tenant acknowledge and agree that effective May 1, 2011, the common parking areas serving the BuildingPremises will be reduced to 25,428 square feet as depicted on Exhibit B attached hereto and incorporated herein. Landlord and Tenant further acknowledge and agree that Rent calculations set forth in Section 1.1 contemplate and that Tenant’s Proportionate Share shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in calculated upon the parking area adjacent to 25,428 square foot measurement of the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policyPremises. Landlord hereby reserves the right at any time, and from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord alterations or others, to enteradditions to, and to license others to enterbuild additional stories on, upon the Building in which the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage are located and to support build adjoining the same. Landlord also reserves the rightright at any time, at its own cost and expensefrom time to time, to require Tenantconstruct other buildings and improvements in the Building Complex, and to enlarge or reduce the Building or buildings within the Building Complex, and to build adjoining thereto, and to sell or lease any part of the land comprising the Building Complex. Notwithstanding the foregoing, no such rights of Landlord shall be permitted if same will result in a material adverse effect upon one hundred eighty (180) days’ notice, any of the rights and entitlements granted to Tenant hereunder. The purpose of the depiction attached hereto as Exhibit B is to show the approximate location of the Premises within the Building Complex and Landlord reserves the right at any time to relocate its Premises elsewhere in the Park after the expiration various buildings, parking area and other areas of the Original TermBuilding Complex. In the event the Building Complex is enlarged as provided in this Section, to an Tenant’s Proportionate Share shall be reduced as a result of the increased gross leasable area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processBuilding Complex.

Appears in 1 contract

Samples: Sublease Agreement (Energy Focus, Inc/De)

Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, the Premises, subject to and with the benefit of the terms, covenants, covenants and conditions and provisions of this Lease, and rights, agreements, easements and restrictions of record applicable to the Premisesproperty of which the Premises are a part, excluding the roof, exterior faces all of exterior walls, which Tenant shall perform and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such observe insofar as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant same are applicable to the Premises. Subject to the rules and regulations established by Landlord, rights to use in commonattached hereto as Appendix C, subject to reasonable rules of general applicability to tenants of the Park as they may be amended from time to time made by Landlord of which (the “Rules and Regulations”), Tenant is given notice: shall have the appurtenant rights in common with others to use (a) the common walkways lobbies, hallways, stairways and elevators of the Building serving the Premises in common with others, (b) the exterior walkways, sidewalks and driveways necessary for access to the BuildingPremises, and (bc) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces Premises and (d) any public cafeteria in the parking area Building or the project of which the Building is a part. Except as specifically provided herein to the contrary, all the perimeter walls of the Premises except the interior surfaces thereof, any space in or adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with Premises used for shafts, stacks, pipes, conduits, wires and appurtenant fixtures, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the Northwest Park sign policyuse thereof, are expressly excluded from the Premises and reserved to Landlord. Landlord excepts and reserves the right from time to time, without unreasonable interference with access to or use of the Premises: time (a) to install, use, maintain, repair, replace and relocate for service to within the Premises and other parts of the Building, or either, pipes, ductsmeters and other equipment, conduitsmachinery, wires apparatus and appurtenant fixtures, wherever located in the Premises or Building, ; and (b) to make any repairs and replacements additions to the Premises which Landlord may deem necessaryBuilding and alter or relocate any entranceways, common areas or other facilities (including without limitation all access driveways, walkways and (cparking areas) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in serving the Premises, as designated which rights shall be subject to the proviso that there be neither unreasonable obstruction of access to, nor unreasonable interference with, the use and enjoyment by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs Tenant of moving and revalidating Tenant’s manufacturing processthe Premises.

Appears in 1 contract

Samples: Lease (Netezza Corp)

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving in the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or fee, use up to 102 parking 98parking spaces in the parking area adjacent to serving the Building. Tenant may identify any Subject to the actions of these spaces as “visitor and/or directives or orders from governmental and other controlling authorities, and/or the actions of utility companies, Landlord shall not decrease the size of the existing parking only,” in accordance with area serving the Northwest Park sign policyBuilding. Landlord reserves the right from time to time, at reasonable times and upon reasonable prior notice to Tenant, except in the case of emergencies, and without unreasonable interference with access to or Tenant’s use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Landlord reserves shall use reasonable efforts to perform the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent qualityactivities permitted under this paragraph during normal business hours, and shall use reasonable efforts not to interfere with substantially similar improvements as are Tenant’s business operations in the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing process.

Appears in 1 contract

Samples: Office Lease (Lemaitre Vascular Inc)

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