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: Termination Agreement (ConforMIS Inc), Termination Agreement (ConforMIS Inc), Lease (ConforMIS Inc)
Premises. Landlord Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to and with the benefit of the terms, covenantscovenants and conditions hereinafter set forth, conditions and provisions all that certain parcel of this Lease, land situated in the Premises, excluding the roof, exterior faces County of exterior wallsRiverside, and pipesState of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), ductstogether with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, conduitsincluding an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, wiresmachinery, equipment, fixtures and appurtenant fixtures serving other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Building (Land and any areas, such the Improvements are referred to collectively 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 to use in common, acknowledges that this Lease is subordinate and 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 all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and driveways necessary for access other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to the Buildingthis Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the common parking areas serving Premises or the Buildinguse or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall be permitted deliver written notice to use, at no additional cost Landlord of its approval or fee, up disapproval of such Title Matters within ten (10) days after delivery by Landlord to 102 parking spaces in the parking area adjacent Tenant of such new Title Matter. If Tenant fails to the Building. respond within such ten (10) day period and Landlord delivers a written reminder notice to 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 and Tenant fails to time, without unreasonable interference with access to or use respond within five (5) days of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts delivery 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’ written reminder 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 new Title Matter 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 processbe deemed approved.
Appears in 3 contracts
Samples: Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc)
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
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) 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), Disturbance and Attornment Agreement (Vertex Pharmaceuticals Inc / Ma)
Premises. Subject to and with the benefit of the provisions of this Lease and any ground lease or land disposition agreement relating to that certain parcel of land on which the Building is located known as Xxx 00 xx Xxxx Xxxxx Xxxx 0000X, as more particularly described on Exhibit "B" attached hereto and made a part hereof (the "Lot"), 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 pipes, ducts, conduits, wires, building service fixtures and appurtenant fixtures equipment serving exclusively or in common other parts of the Building (and any areasTenant's Space, with such exclusions, is hereinafter 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: notice(a) the common facilities included in the Building or on the Lot, including the parking facilities (a) common walkways which currently consists of 362 parking spaces and driveways necessary which at all times during the Term shall consist of at least 3.3 spaces per 1,000 square feet of leased area, the parking facilities shall be used by Tenant on a "non-reserved" basis with all other tenants in the Building, including their employees and/or invitees, and for access which use there shall not be an additional charge to Tenant, its employees or invitees), bathrooms and other facilities, to the Buildingextent 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 Premises Other tenants of the Building have been provided use of the parking spaces in on the parking area adjacent same non-reserved basis as provided to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policypursuant to subparagraph (a) above. 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 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 other common facility provided that substitutions are 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 processor better.
Appears in 2 contracts
Samples: Lease (Irobot Corp), Lease (Irobot 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 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, loading docks 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, up to 102 use twenty-five (25) 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 (provided the same, to the extent within the Premises, shall be located, to the extent reasonably practicable, in the central core area of the Building, within the ceiling plenum, behind the walls or below the floors, or within the chases, risers, ducts, conduits, lines, shafts or similar concealed areas), (b) to alter or relocate any other common facility and/or common areas of the Building, (bc) 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. Except in the case of emergency, Landlord reserves shall provide Tenant with reasonable prior notice (which notice may be given verbally) of any such access to the rightPremises for any of the foregoing. Notwithstanding anything to the contrary contained in this Lease, at its own cost Tenant acknowledges that Landlord is planning on altering portions of the common areas of the Building (such alterations the “Common Area Work”), and expensethat as part of the Common Area Work the demising walls of the Premises may need to be relocated (it being agreed any such relocation of demising walls will occur prior to the Commencement Date). Tenant acknowledges that, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration perform certain portions of the Original TermCommon Area Work, Landlord may need access to, and perform work within, the Premises. Tenant agrees that Landlord shall be permitted to an area of substantially equivalent size enter the Premises and at least perform the Common Area Work during normal business hours, and Tenant shall cooperate with Landlord’s reasonable requirements to facilitate such Common Area Work. Landlord shall use reasonable efforts while conducting such activities to minimize any interference with Tenant’s use of the equivalent qualityPremises. To the extent that the demising walls of the Premises were relocated as part of the Common Area Work then, and with substantially similar improvements as are in within sixty (60) days of completion of the Common Area Work, Landlord shall verify the new measurement of the Premises, as designated and the pertinent economic terms (including parking rights) set forth under this Lease affected by Landlordthe size of the Premises shall be adjusted to account for such new measurement (it being agreed that in no event shall the measurement of the Premises vary by more than five hundred (500) rentable square feet from what is listed in Section 1.1). If Landlord and Tenant agree to enter into a letter agreement or amendment to this Lease memorializing such adjustments, if applicable, but failure of the parties to execute such a document shall exercise such right have no effect on the effectiveness of the adjustment of the Premises pursuant to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving this paragraph and revalidating Tenant’s manufacturing processthe economic terms associated therewith.
Appears in 2 contracts
Samples: Office Lease (Avedro Inc), Office Lease (Avedro Inc)
Premises. Landlord Lessor hereby leases to Tenant and Tenant hereby leases from Landlordunto Lessee the Premises, subject to and together with the benefit of of, and subject to (as the termscase may be) all rights, easements, covenants, conditions conditions, encumbrances, encroachments and provisions restrictions of record as of the date of this Lease. Lessor shall have the right, without the Premisesnecessity of obtaining Lessee’s consent thereto or joinder therein, excluding to grant, permit, or enter into during the roofterm of this Lease such additional rights, exterior faces easements, covenants, conditions, encumbrances, encroachments and restrictions with respect to the Land as Lessor may deem appropriate, provided that no such rights, easements, covenants, conditions, encumbrances, encroachments or restrictions shall materially affect Lessee’s use of exterior wallsthe Premises for the Permitted Use. Lessor further hereby reserves the right to install, maintain, use, repair and replace pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (meters and any areasother equipment, such as the space above the ceiling or in the wallsmachinery, 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 apparatus 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 fixtures located within the Premises and serving other parts of the Building, or eitherprovided that reasonable advance notice thereof is given to Lessee and that the exercise of such rights shall not materially affect Lessee’s use of the Premises for the Permitted Use. Lessee, pipesits employees and invitees shall have access to the Premises twenty-four (24) hours per day, ductsseven (7) days per week, conduits, wires and appurtenant fixtures, wherever located subject to Lessor’s reasonable security procedures. Lessee shall be permitted to operate its business 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 outside of the Building from injury or damage hours (as set forth in Paragraph l of Exhibit D attached hereto), but Lessee shall pay to Lessor, as Additional Rent, the cost of supplying HVAC and other services to 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 described on Exhibit D at times other than such right Building hours in the event that Lessee requests HVAC or other such services outside of Building hours, such payment to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs be due and payable no later than thirty (30) days after Lessor gives written notice to Lessee of moving and revalidating Tenant’s manufacturing processthe amount of such charges.
Appears in 2 contracts
Samples: Lease Modification (Aura Biosciences, Inc.), Lease Modification (Aura Biosciences, Inc.)
Premises. Landlord hereby leases to Tenant the premises described in Section 1. and Tenant hereby leases from Landlordin EXHIBIT A (the "PREMISES"). Subject to (1) any additional work Landlord has agreed herein to do, subject including, without limitation, that work which Landlord is required to perform pursuant to the provisions of Section 29 below, (2) the terms and with the benefit of the terms, covenants, conditions and provisions representations of this Lease, including, without limitation, those set forth in Sections 8 and 29 below, and (3) Landlord's agreement to cause the Project to comply with any notice (as defined in subclause (A) and (B) below, a "GOVERNMENTAL NOTICE") which is (A) issued either before or after the Date of this Lease by a governmental authority with jurisdiction requesting work to be performed in the Project (including any elevators and/or stairwells serving the Premises) and (B) for the purpose of causing the Project to be in compliance with a zoning, excluding municipal, federal, county or state law, ordinance or regulation in effect as of the roofdate of execution and delivery of this Lease (exclusive of an order to cause such compliance with respect to any improvements to and/or the use of the interior of the Premises; provided, exterior faces of exterior wallshowever, that if and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or long as Tenant utilizes improvements in the wallsPremises in the condition of such improvements existing as of the Date of Lease without undertaking any modifications thereto, that may contain Landlord shall cause such pipesexisting improvements to comply with any such Governmental Notice), ducts, conduits, wires or appurtenant fixtures). Tenant shall have, hereby accepts the Premises in their condition existing as appurtenant to of the Premises, rights to use in commondate of the execution hereof, subject to reasonable rules of general applicability to tenants of all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating 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, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. The rentable square footage of the Premises shall include a portion of the common area of the Project and the occupied space located within the Project and dedicated to the service of the Project. Tenant agrees with the square footage specified for the Premises in Section 1. and will not hereafter challenge such determination and agreement. Landlord shall have the right, in Landlord's sole good faith discretion: (ai) to installmake changes, useincluding, maintainwithout limitation, repairchanges in the location, replace size, shape, number and relocate appearance to the Project (excluding the Premises to the extent that size, shape, and/or location is affected) interior and exterior, including but not limited to the lobbies, windows, stairways, air shafts, elevators, restrooms, driveways, entrances, parking spaces (provided that Tenant's allotted parking spaces shall not be reduced and shall otherwise be located in similar proximity to the Premises), parking areas, loading and unloading areas, ingress, egress, direction of traffic, decorative walls, landscaped areas and walkways; (ii) to close temporarily any part of the Project for service maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land and other parts improvements outside the boundaries of the BuildingProject to be a part of the Project, provided that such other land and improvements have a reasonable and functional relationship to the Project; (iv) to add additional buildings and improvements to the Project; (v) to use the common areas while engaged in making additional improvements, repairs or eitheralterations to the Project or any portion thereof; and (vi) to do and perform such other acts and make such other changes in, pipesto or with respect to the Project as Landlord may, ducts, conduits, wires and appurtenant fixtures, wherever located in the exercise of sound business judgment deem to be appropriate, provided (x) none of the above adversely interferes in any specific and significant manner given Tenant's actual requirement with respect to the utilization of the affected portion of the Premises or Buildingfor the purpose of conducting Tenant's business therein, taking into account Landlord's contractual obligations with respect to the Project, (by) to make any repairs and replacements to the Premises which Landlord may deem necessaryTenant's obligations hereunder are not increased, (z) Tenant's rights hereunder are not decreased, and (caa) in connection with any excavation made upon adjacent land Landlord's activities shall not affect "mission critical" areas 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 such areas are identified by Landlord. If Tenant to Landlord shall exercise such right to relocate Tenant, promptly following receipt by Tenant of notice from Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processits intended activities.
Appears in 2 contracts
Samples: WWW Holdings Inc, Earthlink Inc
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: Avantgo Inc, Avantgo Inc
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at 000 Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx 00000, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the Premises, excluding property (the roof, exterior faces “Property”) shall mean the Land and all of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling buildings now or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures)hereafter located thereon. Tenant shall have, as appurtenant to the Premises, rights the non-exclusive right to use, and permit its invitees to use in commoncommon with Landlord and others, 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 elevators, walkways, driveways and driveways access roads necessary for access to the Building, Premises 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 areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Land and designated by Landlord reserves the right from time to timetime for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, without unreasonable interference with however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or use future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises: Premises (a25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to install, use, maintain, repair, replace and relocate for service demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and other parts leased to a specific tenant 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 then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that 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 rightLease Commencement Date (as hereinafter defined), 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 processProportionate Share shall be equal to 13.99%.
Appears in 2 contracts
Samples: Lease Agreement (Histogenics Corp), Lease Agreement (Histogenics Corp)
Premises. Landlord Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed by Tenant as hereinafter set forth, hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, subject to and with the benefit Premises for the exclusive use of the terms, covenants, Tenant in the Building for the Lease Term and upon the conditions and provisions agreements hereinafter set forth below. Landlord and Tenant stipulate that the estimated rentable square footages of the Premises and the Building, respectively, are as set forth in the Summary of Basic Lease Terms. This Lease shall constitute a binding agreement between the parties effective as of the Effective Date. In addition to the use of Premises, Tenant shall have use of all of the hallways, entryways, stairs, elevators, driveways, parking areas, walkways, common kitchens, conference rooms, restrooms and all other areas in the Building or on the Land that are provided from time to time by Landlord for the general nonexclusive use by Tenant and other tenants of the Building (the “Common Area”). Tenant will have the ability to use additional amenities, on a non-exclusive basis, including certain common kitchens, bathrooms, conference rooms, and other amenities provided by the Landlord to Tenant from time to time pursuant to the terms of this Lease (the “Amenities”), which Amenities are a part of the Common Area and situated in certain areas designated by Landlord (the “Amenities Area”). Provisions regarding the remodeling or construction of Landlord’s Work within the Premises are set forth in the Work Letter. Except as set forth in the Work Letter or otherwise in this Lease, Landlord has no obligation for the completion of any finish work or remodeling of the Premises, other than being delivered freshly painted and in broom clean condition. Other than as set forth herein, Tenant shall accept the Premises on the Commencement Date in their “as is” condition, and, except as expressly set forth in this Lease, Landlord shall not be deemed to have made any representations or warranties with respect to the suitability of the Premises for Tenant’s use, or otherwise, and shall have no other obligation for the completion of the Premises. By taking possession of the Premises, Tenant shall be deemed to have agreed that the same is in good order, repair, and condition. Notwithstanding the foregoing, Tenant may access the Premises prior to the Commencement Date for purposes of constructing and installing its improvements within the Laboratory Premises. Any such period of early occupancy shall be governed by all of the terms and conditions 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, except that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, have no obligation to pay rent except as appurtenant to the Premises, rights to use set forth 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 processParagraph 3.
Appears in 2 contracts
Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, 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: Non Disturbance and Attornment Agreement (Genzyme Corp), Environmental Agreement (Genzyme Corp)
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: Work Letter Agreement (Olink Holding AB (Publ)), Work Letter 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: Lemaitre Vascular Inc
Premises. Landlord has heretofore obtained a long-term ground lease covering that certain tract of real property situated in the University of Utah Research Park in Salt Lake City, State of Utah, more particularly described in Exhibit “B” attached hereto, together with certain easement for access rights. (Said tract is hereinafter referred to as the “Property”). Landlord owns a building on the Property referred to in Section 1.01 (H) (hereinafter the “Building”) suitable for use as office/research and development space, together with related parking facilities and other improvements necessary to enable to the Building to be so used (the Building and related facilities and improvements are hereinafter collectively referred to as the “Improvements). In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from LandlordLandlord for the Term and upon the terms and conditions herein set forth premises described in Section 1.01(1) (hereinafter referred to as the “Premises” or “Leased Premises”), subject located in the Building. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. In addition, the factor set forth in Section 1.01(1) has been added to the area as measured above to adjust for Tenant’s proportionate share of common hallways, restrooms, elevators, stairways, etc. in the building. The exterior walls and roof of the Premises and the areas beneath said Premises are not demised hereunder, and the use thereof together with the benefit of the termsright to install, covenantsmaintain, conditions and provisions of this Leaseuse, the Premises, excluding the roof, exterior faces of exterior wallsrepair, and replace pipes, ducts, conduits, wires, and appurtenant fixtures wires leading through the Premises in locations which will not materially interfere with Tenant’s use thereof and 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 other parts of the Park from time building or buildings are hereby reserved to time made by Landlord. Landlord of which Tenant is given notice: reserves (a) common walkways and driveways such access rights through the Premises as may be reasonably necessary for to enable access by Landlord to the Building, balance of the building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Premises to monitor use of utilities. In exercising such rights, Landlord will use reasonable efforts so as to not commit waste upon the Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII and Section 27.11, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking areas serving spaces, driveways, footways, and other facilities designated for common use within the Building. , except that with respect to non-exclusive areas, Tenant shall be permitted cause its employees to usepark their cars only in areas specifically designated from time to time by Landlord for that purpose. Landlord shall have the right to designate, at no additional cost or feein its sole business judgment, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any of these certain spaces as “visitor customer” parking only,” spaces and Tenant shall use its best efforts to cause its employees not to park 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 processsaid customer parking.
Appears in 1 contract
Samples: Lease Agreement (Amedica 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: Commencement Date Agreement (Avid Technology, Inc.)
Premises. Landlord hereby leases the Premises to Tenant upon the terms and conditions contained herein. The Premises consist of the entirety of the Building together with vehicular parking spaces, pedestrian walkways and landscaping within the area outlined and depicted on Exhibit A-1 hereto. Tenant may not use any other portion of the Park other than the Premises. The location, fencing and configuration of the area surrounding the Building shall be subject to the approval of the governmental agencies having jurisdiction thereof, and Tenant hereby leases from Landlord, subject to acknowledges and agrees that the location and configuration of the area surrounding the Building may be changed in accordance with the benefit governmental agencies' requirements. At Tenant's sole cost and expense, Tenant hereby covenants to construct and install around the perimeter of the termsarea surrounding the Building a fence reasonably acceptable to Landlord and all governmental entities having jurisdiction thereof. Tenant's and Tenant's Representatives' (hereafter defined) use and occupancy of the fenced area surrounding the Building shall be exclusive only as to (i) the other tenants of the Park and (ii) the public in general but not including Landlord and its authorized representatives, covenantsemployees, conditions invitees, contractors and similarly affiliated parties for the purposes of fulfilling Landlord's obligations hereunder as well as for purposes of Landlord's exercise of its rights and remedies hereunder. Tenant shall use, maintain and repair the fenced area surrounding the Building subject to, and in accordance with, the terms and provisions of this Lease, including but not limited to, the Premisesprovisions of Section 11 hereinbelow. In addition to the foregoing, excluding Tenant shall be solely responsible and liable for any and all security measures related to the roof, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving fenced area surrounding 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 commonPremises and, subject to the provisions of Section 14 hereof, Landlord shall not in any manner or circumstance be liable nor responsible for any goods, personal property or similar items stored, kept and/or situated in, on or about the Premises at any time during the Term of this Lease. Nothing contained herein shall limit, impair or otherwise diminish Landlord's and its authorized representatives' rights and ability to enter the area surrounding the Building for purposes of performing Landlord's obligations under this Lease (if any) but such entry shall be subject to the provisions of Section 18 hereinbelow. Landlord and its representatives will use commercially reasonable rules efforts to minimize interference with the conduct of general applicability Tenant's business in the Premises. Landlord and Tenant hereby agree that for purposes of this Lease, as of the Lease Date, the rentable square footage area of the Premises and the Park shall be deemed to tenants be the number of rentable square feet as set forth in the Basic Lease Information. Tenant further agrees that the number of rentable square feet of the Park from time may subsequently change after the Lease Date commensurate with any modifications to time made any of the foregoing by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access to the BuildingLandlord, and (b) Tenant's Share shall accordingly change. Tenant's Share shall not change by reason of the common parking areas serving the Building. Tenant shall be permitted to use, at Improvements performed by Tenant so long as there is no additional cost or fee, up to 102 parking spaces increase 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 rentable square footage of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts perimeter of the Building; provided, or eitherfor purposes hereof, pipes, ducts, conduits, wires the addition by Tenant of any interior mezzanine area and appurtenant fixtures, wherever located outdoor storage areas shall not be construed as an increase 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 rentable square footage 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 processBuilding.
Appears in 1 contract
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
Premises. In consideration of the Basic Rent, Additional Rent, and other payments and covenants of the Tenant and the Landlord hereinafter set forth, and upon the following terms and conditions, the Landlord hereby leases to the Tenant and the Tenant hereby leases from Landlord, subject to and the Landlord the Premises located in the Building together with the benefit right in common with others to use any portions of the termsBuilding and Property that are from time to time designated by Landlord for the common use of all tenants (other than the Reserved Parking Spaces, covenantswhich shall be for Tenant’s exclusive use) such as sidewalks, conditions parking lots, common corridors, common elevators and Building lobbies, the cafeteria and restrooms and the three shared loading docks numbered “12, 13 and 14” located in POD LG/A8 of the Building subject always to reasonable rules and regulations established from time to time by Landlord. The current rules and regulations for the Building are attached as Exhibit A-3. If any provision of the rules and regulations conflicts with any applicable provision set forth in this Lease, then the applicable provision(s) set forth in this Lease shall govern. Subject to all of the terms 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 have access to the Premises, rights the common areas, including the parking spaces, and the loading docks twenty-four hours per day, seven days per week. Tenant warrants and represents that Tenant has had full opportunity to use in commoninspect the Premises, Building and Property and, subject to reasonable rules Landlord’s obligations expressly set forth in this Lease, takes the Premises, Building and Property “as is, where is, with all faults”. The Tenant’s execution of general applicability this Lease shall be presumptive evidence that the Premises and the Building are in the condition required under this Lease subject, however, to tenants Landlord’s obligations expressly set forth in this Lease. Except as expressly set forth in this Lease, neither Landlord nor any person acting under Landlord has made any representations or promises with respect to the condition 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 Premises, the Building, the Property or the fitness of any of the foregoing for Tenant’s use or regarding any other matter or thing relating to any of the foregoing, and (b) Tenant’s rights with respect to the common parking areas serving Premises, the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces the Property and Landlord are solely and exclusively 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 policythis Lease. Landlord reserves the right from time to time, with telephonic notice and without unreasonable interference with access to or use (except in emergency) interruption of the PremisesTenant’s use: (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, or any other Building systems or equipment, wherever located in the Premises or Building, the Building and (b) to make alter or relocate any repairs other common facility, including without limitation any lobby, courtyard or other common areas. Installations, replacements and replacements relocations referred to in clause (a) above shall be located as far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises. Landlord shall provide Tenant with reasonable prior notice of any such activity and shall use reasonable efforts to schedule the making thereof so as to minimize to the Premises which Landlord may deem necessary, and (c) in connection extent practicable the interference 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 processbusiness operations.
Appears in 1 contract
Samples: Lease (Rapid Micro Biosystems, 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
Premises. Landlord hereby leases Leases to Tenant and Tenant hereby leases 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, wires and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling servicing exclusively or in common other parts of the wallsBuilding, that may contain and if Tenant’s space includes less than the entire rentable area of any floor, excluding the central core area of such pipes, ducts, conduits, wires or appurtenant fixtures)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) the common pipes, ducts, conduits, wire and appurtenant fixtures serving the Premises, (c) common walkways and driveways necessary for access to the Building, and (bd) the common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or feeand (e) if the Premises include less than the entire rentable area of any floor, up to 102 parking spaces the common toilets and other common facilities in the parking central core area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policysuch floor. Landlord reserves the right from time to timetime (with reasonable prior notice to Tenant, without unreasonable except in emergencies), in such manner as to reduce to a minimum interference with access to or Tenant’s use of the Premises: Premises (so long as services to the Premises and the Building’s common areas are not diminished): (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 however 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
Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenantsagreements, conditions and provisions contained in the Basic Lease Information and hereinafter set forth, those certain premises shown cross hatched on Exhibit A attached hereto (the “Premises”), which Premises are located in the building specified in the Basic Lease Information (the “Building”). Except only for any improvements which Landlord has expressly agreed herein to construct and install in the Premises pursuant to the Work Letter attached as Exhibit B (“Landlord’s Work”) and as otherwise set forth herein, the Premises are leased “AS IS” and in the condition existing at the time of execution of this Lease. Landlord has made no representation or warranty regarding the Premises (and no broker, property manager or other agent of Landlord has made any such representation or warranty, nor has authority to do so). Notwithstanding the foregoing or anything else to the contrary contained in this Lease, Landlord represents that on the date the possession of the Premises is delivered to Tenant: (i) Landlord has no notice that the Premises is in not in compliance with any applicable laws, including, 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 BuildingAmericans With Disabilities Act, and (bii) the common parking areas serving the Building. Tenant shall be permitted to usethat all load bearing walls, at no additional cost or feefoundations, up to 102 parking spaces in the parking area adjacent to the Building. Tenant may identify any roof and other structural elements 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 the plumbing, electrical systems, fire sprinkler systems, lighting, air conditioning and heating systems and all other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in Building systems serving the Premises or Buildingwill be in good condition and repair; provided, that if any such Building system requires repair within the first thirty (b30) to make any repairs days following the Term Commencement Date (the “Landlord Repair Period”) and replacements to the Premises reason for 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 repair is 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, is not due to an area act or omission of substantially equivalent size and at least of the equivalent qualityTenant or Tenant’s agents, and with substantially similar improvements as are in the Premisesemployees, as designated by Landlord. If Landlord shall exercise such right to relocate Tenantcontractors or invitees, Landlord shall pay for all Tenantthe cost of such repairs at Landlord’s reasonable relocation costssole cost and expense so long as Tenant notifies Landlord of the need for such repairs prior to the expiration of the Landlord Repair Period. The Rentable Area of the Premises and of the Building specified in the Basic Lease Information are approximations that Landlord and Tenant have stipulated as the Rentable Area of the Premises and Building, including costs respectively, and shall not be subject to adjustment by either Landlord or Tenant during the Term (as may be extended). Tenant is satisfied with such approximations and with the size of moving and revalidating Tenant’s manufacturing processthe Premises; no claim may be made based upon inaccuracy of such figures.
Appears in 1 contract
Samples: Cobalt Building Lease (Zulily, Inc.)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject upon the terms and conditions herein set forth, those certain buildings (“Premises”) referred to in Paragraph 1.4 above, shown cross-hatched on the site plan attached hereto as Exhibit A (a) and Exhibit A (b). In addition, Tenant shall have the following rights with respect to 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 real property more particularly described in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall havelegal descriptions attached as Exhibits B (a) and B (b) attached hereto (if applicable) and outlined in red on Exhibit A (a) and Exhibit A (b) (“Common Area”): (i) the non exclusive right to use no more than the number of parking spaces set forth in Paragraph 1.12 above, as appurtenant to shown on Exhibit A (a) and Exhibit A (b), for the Premises, rights to use in common, subject to reasonable rules respective Buildings the location of general applicability to tenants of the Park which may be redesignated from time to time made by Landlord Landlord; (ii) the nonexclusive right to use any other parking spaces within the Common Area not allocated for the exclusive use of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, another tenant of Landlord; and (biii) such other rights as are necessary and convenient to Tenant’s possession of the common Premises or performance of Tenant’s obligations under this Lease. (Notwithstanding the number of parking areas serving the Building. Tenant shall be permitted to spaces designated for Tenant’s exclusive use, at no additional cost in the event by reason of any rule, regulation, order, law, statute, ordinance or feeother requirement of any governmental or quasi-governmental authority now or hereafter in effect (collectively, up “Laws”) relating to 102 or affecting parking on the Common Area, or any other cause beyond Landlord’s reasonable control, Landlord is required to reduce the number of parking spaces on the Common Area, Landlord shall have the right to proportionately reduce the number of parking spaces designated herein for Tenant’s exclusive use.) In addition, Landlord grants to Tenant a non-exclusive easement for vehicular ingress and egress in and over the paved roadways in the parking area adjacent to Common Area and pedestrian ingress and egress in and over 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 enterany other user authorized by Landlord, upon the Premises non-exclusive right to do such work as use the person causing such excavation deems necessary Common Area for pedestrian and vehicular ingress and egress and vehicular parking and the exclusive right to preserve use parking spaces on the wall Common Area (excluding only that portion 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 Common Area designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay herein for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processexclusive use for vehicular parking).
Appears in 1 contract
Samples: Net Lease Agreement (Laserscope)
Premises. In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from LandlordLandlord for the Term and upon the terms and conditions herein set forth premises described in Section 1.01(I) (hereinafter referred to as the "Premises"), subject located in an office building development referred to in Section 1.01(H) (hereinafter referred to as the "Building"). The legal description of the Building is attached hereto as Exhibit "B". Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. In addition, the factor set forth in Section 1.01(I) has been added to the area as measured above to adjust for Tenant's proportionate share of common hallways, restrooms, etc. in the building. The exterior walls and roof of the Premises and the areas beneath said Premises are not demised hereunder and the use thereof together with the benefit of the termsright to install, covenantsmaintain, conditions and provisions of this Leaseuse, the Premises, excluding the roof, exterior faces of exterior wallsrepair, and replace pipes, ducts, conduits, wires, and appurtenant fixtures wires leading through the Premises in locations which will not materially interfere with Tenant's use thereof and 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 other parts of the Park from time building or buildings are hereby reserved to time made by Landlord. Landlord of which Tenant is given notice: reserves (a) common walkways and driveways such access rights through the Premises as may be reasonably necessary for to enable access by Landlord to the Building, balance of the building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Premises to monitor use of utilities. In exercising such rights, Landlord will use reasonable efforts so as to not commit waste upon the Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII contained hereinbelow, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking areas serving spaces, driveways, footways, and other facilities designated for common use within the Building. To the extent any spaces are designated for "customer parking" Tenant shall be permitted agrees to use, at no additional cost or fee, up cause its employees not to 102 parking spaces park in said "customer parking" stalls. Said Premises are subject to restrictive covenants and conditions governing the Utah Valley Business Park which are recorded in the parking area adjacent to office of the Building. Tenant may identify any of these spaces Utah County Recorder which are attached as “visitor parking only,” in accordance with the Northwest Park sign policyExhibit "F". Landlord reserves represents that Landlord is not aware of any conflict between the right from time to time, without unreasonable interference with access to or use aforesaid restrictive covenants and conditions and the provisions 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 processthis lease.
Appears in 1 contract
Samples: Lease (Sento Corp)
Premises. Landlord hereby leases to Tenant and Tenant each hereby leases from Landlord, subject approve the matters described in Exhibit B to this First Amendment. Upon execution and with the benefit of the terms, covenants, conditions and provisions delivery of this LeaseFirst Amendment by both Landlord and Tenant, Landlord shall, at Landlord's sole cost and expense, commence to perform the Premiseswork and improvements described in Exhibit B to this First Amendment using building standard materials and work ("Landlord's Work"), 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 which work shall be performed in the wallstime and manner hereinafter set forth. To the extent necessary for the prompt and efficient completion of Landlord's Work, that Tenant hereby grants Landlord the right of access to, upon, over and through the Original Premises in order for Landlord to perform Landlord's Work. Such access 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 be made at any time and from time to time made in Landlord's discretion provided that Landlord shall give Tenant advance oral or written notice of the days and times Landlord shall require access to the Original Premises for the purposes stated herein. Tenant here by acknowledges that work of the type and scope of Landlord's Work may result in temporary shut-down of work and electrical service and other services in the Original Premises. In exercising Landlord's right to access the Original Premises and to perform Landlord's Work under this Paraxxxxx 0, Xxxxxxxx xxxll use good faith efforts to avoid unreasonable interference with Tenant's use of the Original Premises. Landlord shall provide Tenant with advance notice of the shut down, if any, of services or utilities in connection with performing Landlord's Work and shall use good faith efforts to promptly reinstate any service so curtailed or suspended. Tenant hereby acknowledges that it has inspected the 1st Amendment Space and the common areas of the Building and, except for the Landlord's Work, has agreed to lease the 1st Amendment space in its current "as is, where is" condition with all faults and without representation or warranty by Landlord of which any kind. Prior to Tenant is given notice: taking occupancy of the Premises, Tenant shall provide Landlord with a punch-list detailing (a) common walkways and driveways necessary for access to the Building, those aspects of Landlord's Work which are not then completed and (b) any defects in workmanship or materials with respect to Landlord's Work. The Landlord's Work shall be deemed approved by Tenant when Tenant commences occupancy of the common parking areas serving 1st Amendment Space for the Building. Permitted Use, except for items which are then not completed or do not conform to specifications described in Exhibit B to this First Amendment and as to which Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in the parking area adjacent have given Landlord written notice prior 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 date 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 is 30 days after the expiration of date Tenant shall occupy the Original Term, to an area of substantially equivalent size and at least of 1st Amendment Space for 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 processPermitted Uses.
Appears in 1 contract
Samples: Lease and Expansion Agreement (Implant Science Corp)
Premises. Subject to the terms and conditions hereof, Landlord hereby leases to does demise unto Tenant and Tenant hereby leases does take from Landlord, subject to and with Landlord for the benefit of Term the terms, covenants, conditions and provisions of this Lease, the Demised Premises, excluding the rooftogether with reasonable rights of access, exterior faces of exterior wallsingress and egress, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any rights to joint use of such parking areas, such driveways, sidewalks and other common areas as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant Landlord 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 provide from time to time, without unreasonable interference which rights shall be in common with access Landlord and others claiming under Landlord and shall be to use such area only for the purposes designated by Landlord. Landlord hereby reserves the right at any time to make alterations or additions to and to build additional stories on the building in which the Demised Premises are contained and to build adjoining the same. Landlord also reserves the right to (i) construct other buildings or improvements in the Shopping Center of which the Demised Premises are a part from time to time and to make alterations thereof or additions thereon and to demolish any of such building or buildings and to build adjoining the same (ii) alter the location of, or otherwise modify, the parking areas, driveways and other common areas, (iii) add additional real property to the Shopping Center, and (iv) construct double-decks or elevated parking facilities. Tenant shall have a license to use any and all appurtenances and easements benefiting the Premises and the Shopping Center, along with sufficient Common Areas and Parking to support its intended use of the Demised Premises: . Any changes, additions or alterations to the Demised Premises or the Shopping Center shall not (a) to installsignificantly impair access to, usevisibility of, maintain, repair, replace and relocate for service to the Premises and other parts or frontage of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or BuildingDemised Premises, (b) to make any repairs and replacements to materially affect the Premises which Landlord may deem necessaryconduct of Tenant's business therein, and or (c) significantly detract from Tenant's signage, create confusion regarding the business conducted in connection with the Demised Premises, or significantly adversely affect the presentation of Tenant's exterior signage and frontage. In the event of any excavation made upon adjacent land such interference by Landlord, its agents or employees, Tenant shall give Landlord written notice thereof,. Landlord shall have a period of twenty-four hours to diligently proceed to cure as soon as practicable thereafter any such interference. If such interference continues for a period of more than three (3) days after the day Tenant gives Landlord or others, to entersuch notice, and to license others to enterthe interference is material, upon in Tenant's reasonable business opinion, then all Rent and other charges payable under this Lease shall be abated for the Premises to do period until 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 interference has been cured by Landlord. If Landlord For the purposes of this paragraph, the construction of a free standing building situated at 0000X Xxxxx Xxxxxxxxxx Xxxxx shall exercise such right not be deemed a significant impairment of visibility to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processthe Demised Premises.
Appears in 1 contract
Samples: Sagemark Companies LTD
Premises. Landlord hereby leases to Tenant and 2.1 Tenant hereby leases from Landlord, subject and Landlord hereby leases to Tenant, the Premises for the Lease Term and with upon the benefit of the terms, covenants, conditions and provisions of covenants set forth in 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 will have 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 non-exclusive right to use, at no additional charge to Tenant except as set forth in Article V of the Lease, the common and public areas of the Building for ingress and egress to the Premises and to use the roof terrace, which if constructed by Tenant at Tenant’s sole cost or feeand expense pursuant the requirements set forth in Article IX hereof and in Exhibit B attached hereto, up shall be made available to 102 parking spaces Tenant for its exclusive use after the Lease Commencement Date (as hereinafter defined), subject to Landlord’s access to such roof terrace at all times for inspection, maintenance, repair and the like, provided further that such exclusive use will be to the exclusion of other tenants in the parking area adjacent to Building (and Landlord except as otherwise provided herein) so long as Tenant or a Permitted Transferee (and expressly excluding all subtenants or assignees) is leasing at least seventy thousand (70,000) rentable square feet in the Building. With respect to Landlord’s entry on the roof terrace, except in the event of an emergency, Landlord shall endeavor to give Tenant may identify advance notice of any such entry and use commercially reasonable efforts to minimize disruption to Tenant’s use of these spaces such roof terrace during such entry. Landlord shall maintain the roof terrace, and Tenant shall reimburse Landlord for the entire cost of such maintenance from time to time (and in no event later than thirty (30) days after written invoice) as “visitor parking only,” additional rent hereunder; provided, however, if such use of the roof terrace by Tenant becomes non-exclusive due to Tenant’s failure to meet the foregoing square footage requirement, then the cost of such maintenance by Landlord will be an Operating Expense (hereinafter defined) and shall be subject to the terms of Article V of this Lease. In addition, the use of the roof terrace (if constructed in accordance with the Northwest Park sign policy. terms of this Lease) will be subject to reasonable written rules and regulations promulgated by Landlord reserves the right and delivered to Tenant from time to time, without unreasonable interference so long as such rules and regulations do not materially adversely affect Tenant’s right to use such roof terrace. If the roof terrace is constructed by Tenant in accordance with access to or use the terms of this Lease and such roof terrace is in substantially in the eastern portion of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts Massachusetts Ave. wing of the Building, then from and after such construction by Tenant and thereafter so long as Tenant or either, pipes, ducts, conduits, wires a Permitted Transferee (and appurtenant fixtures, wherever located expressly excluding all subtenants or assignees) is leasing at least seventy thousand (70,000) rentable square feet in the Premises or Building, Landlord shall use reasonable efforts to locate any additional signs or equipment on the roof in a manner that minimizes interference with the use of such roof terrace, provided that it in no event will Landlord be obligated to (bi) to make expend any repairs and replacements to the Premises which Landlord may deem necessary, and (c) material additional amounts in connection with such efforts or (ii) relocate any excavation made upon adjacent land of Landlord signs or others, to enter, and to license others to enter, upon equipment on the Premises to do such work as the person causing such excavation deems necessary to preserve the wall roof of the Building from injury as of the date Tenant commences construction of the rooftop terrace in accordance with the terms of this Lease. Except as may otherwise be expressly provided in this Lease, the lease of the Premises does not include the right to use the roof (except as otherwise expressly provided in this Section 2.1 and Article XXVI of this Lease), mechanical rooms, electrical closets, janitorial closets, telephone rooms, or damage and other non-common or non-public areas of the Building which are not included within the Premises. Tenant accepts the Premises “as is”, except for any improvements to support be performed by Landlord pursuant to the sameWork Agreement, attached as Exhibit B. Tenant acknowledges that neither Landlord nor Landlord’s agent(s) have made any representations, expressed or implied, about the suitability of the Premises for Tenant’s intended use, except for general office use. Landlord reserves the rightIt shall be Tenant’s sole responsibility, at its own cost Tenant’s sole time and expense, to require Tenantobtain the necessary business licenses and occupancy permit for its Premises. Landlord and Tenant agree that as of the date of this Lease, upon one hundred eighty the number of rentable square feet (180i) days’ notice, to relocate its Premises elsewhere in the Park after Premises are the expiration of the Original Term, to an area of substantially equivalent size and at least of the equivalent qualityamounts set forth in Section 1.2 above, and with substantially similar improvements as are (ii) in the PremisesStorage Space is 1,000, as designated by Landlord. If Landlord shall exercise and such right amounts are not subject to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs remeasurement absent a change in the configuration of moving and revalidating Tenant’s manufacturing processspace in the Building impacting the Premises or Storage Space.
Appears in 1 contract
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises, together with the right in common with others to use the Common Areas (as defined below). Subject to Landlord’s completion of Landlord’s Work as provided for in Section 29 below, Tenant accepts the Premises, Building and Common Areas in their “AS IS” “WHERE IS” condition, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Landlord and Tenant stipulate and agree to the rentable square footages set forth in Section 1(a) and Section 1(b) above for all purposes with respect to this Lease. Following: (i) the Initial Premises Commencement Date, Tenant shall have access to the Initial Premises; and (ii) the Expansion Premises Commencement Date, Tenant shall have access to both the Initial Premises and the Expansion Premises, in each case twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year, subject to events beyond the reasonable control of Landlord and with the benefit closures of the terms, covenants, conditions and provisions of Premises permitted under this Lease, the Premises, excluding the roof, exterior faces of exterior walls, . “Common Areas” means all areas and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any areas, such facilities 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 provided by Landlord from time to time made for the use or enjoyment of all tenants in the Building or Property, including, if applicable and without limitation, driveways, sidewalks, parking areas, loading areas, landscaped areas, mechanical and fan rooms, electrical and telephone closets, structural components of the Building excluding the Building Structure (as defined below), and all other general Building or Property components, facilities, and fixtures that serve or are available to more than one (1) tenant at the Property. “Land” means the lot or plot of land on which the Building is situated, or the portion thereof allocated 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,Property” in accordance with means the Northwest Park sign policy. Landlord reserves the right from time to timeLand, 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 eitheradjoining parking areas, pipessidewalks, ductsdriveways, conduits, wires landscaping and appurtenant fixtures, wherever located in the Premises or Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessaryadditional buildings situated thereon, 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 processCommon Areas.
Appears in 1 contract
Samples: Lease Agreement (Ocugen, 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 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 and appurtenant fixtures and other common facilities serving the common areas or appurtenant fixtures)the Premises together with other portions of the Property. 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 areas and driveways necessary facilities of the Property intended for access use by tenants of the Property. If Tenant shall elect to extend the term pursuant to Section 2.3, then if Landlord so requests, Tenant shall 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 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 finish 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 further provided that 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 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 Premises elsewhere in the Park after greatest extent practicable, interference with the expiration business or operations 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 LandlordTenant. If Landlord shall exercise such right elects to relocate TenantTenant pursuant to this paragraph, Landlord shall pay also reimburse Tenant for all the documented, reasonable third-party costs necessarily incurred by Tenant by reason of such relocation, such as, by way of illustration only, replacing existing stocks of Tenant’s reasonable relocation costsstationery to reflect the new location of the Premises. Any such substitute space shall, including costs of moving from and revalidating 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, provided, however, that the Annual Fixed Rent and Tenant’s manufacturing processPercentage shall not be increased due to any such relocation, notwithstanding any increase in the Premises Rentable Area resulting from such relocation. Any request by Landlord pursuant to this paragraph (the “Relocation Request”) shall be included in Landlord’s Notice given pursuant to Section 2.3 and shall identify the proposed substitute space. The date on which Tenant shall be required to relocate shall be the first day of the Extended Term or as soon thereafter as Landlord is able to put the substitute space in the condition required hereby and to move Tenant and its equipment, furniture and other removable personal property from the Premises to such substitute space.
Appears in 1 contract
Samples: Leap Therapeutics, 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, 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. If Landlord so requests, 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 the Building, such space to be substantially equal to or othersbetter in size, layout, finish and utility to enterthe Premises, and to license others to enterfurther provided that Landlord shall, 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, (i) at its own sole cost and expense, move Tenant and its equipment (restored, cabled and wired to require working condition), 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, upon one hundred eighty and (180ii) days’ noticeadditionally reimburse Tenant for all reasonable incidental costs and expenses incurred as a result of such relocation, to relocate its Premises elsewhere in including the Park expenses of changing stationery and paying wages and overtime incurred that is directly associated with the relocation. Any such substitute space shall, from and after the expiration of date such space is so provided, be treated as the Original Term, to an area of substantially equivalent size and at least of the equivalent qualityPremises demised under this Lease, and with substantially similar improvements shall be occupied by Tenant under the same terms, provisions and conditions as are set forth 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 processthis Lease.
Appears in 1 contract
Samples: Perficient 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, 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). which Tenant shall have, perform and observe insofar as appurtenant (i) the same are applicable to the Premises, rights and (ii) Tenant has prior notice of such rights, agreements, easement and restrictions. Subject to use in commonthe rules and regulations established by Landlord, subject to reasonable rules of general applicability to tenants of the Park attached hereto as Appendix C, as they may be amended from time to time made by Landlord provided any such amendments do not materially adversely affect Tenant’s use of which the Premises (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 Building, Premises 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 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 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 (Catcher Holdings, 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 roof, exterior faces Tenant. The Landlord shall provide the Tenant with ten (10) Business Days’ notice in writing of exterior walls, any such conflict. 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
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, 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 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 (and any areasthe land depicted on Exhibit A‑2, such including the Building, shall be referred to herein as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures"Business Center"). During the Lease Term, 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 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 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 another tenant of the Business Center, and driveways necessary for access to portions of the inside of the Building, such as hallways, lobbies, and (b) bathrooms, that are designated by Landlord from time to time as common areas and not leased to or allocated for the common parking areas serving exclusive use of another tenant of 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 policyBusiness Center. Landlord reserves shall have the right from time to timetime to change the size, without unreasonable interference with 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: (a) , or any part thereof. Tenant shall not unreasonably interfere with the rights of Landlord and other tenants of the Building to installuse 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, usestacks, maintainpipes, repairconduits, replace ducts, electric or other utilities, sinks or other Building facilities, and relocate the use thereof and access thereto through the Premises for service 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 and other parts 24 hours a day, each day of the Building, or either, pipes, ducts, conduits, wires Lease Term and appurtenant fixtures, wherever located during the Early Occupancy Period referred to 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 processSection 2.3 below.
Appears in 1 contract
Samples: Lease (Talis Biomedical 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 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 number of Parking Spaces and reserved and visitor parking areas serving spaces as set forth in Section 1.1 for the Building. Tenant shall be permitted to non-exclusive and reserved use, at no additional cost or feeas applicable, up of Tenant and Tenant’s employees and business invitees in areas designated from time 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 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 parking areas) serving the Premises. Landlord’s right to perform any of the foregoing actions described in clauses (a) or (b) will at all times be subject to Landlord’s obligation to use commercially reasonable efforts to (i) perform such actions in such a manner as to minimize disruption of Tenant’s business operations and (cii) in connection with any excavation made upon adjacent land of Landlord or others, not materially adversely effect (A) Tenant’s access 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, (B) the visibility of Tenant’s sign on, and visibility from, the Premises and (C) Tenant’s ability to conduct its business without interruption. If, as designated a result of the performance of any of the foregoing actions, Tenant is deprived of the uninterrupted use of any material portion of the Premises due to circumstances within Landlord’s control such that Tenant is unable to conduct its business therein for a period longer than five (5) consecutive business days, the Fixed Rent and other charges payable by Tenant hereunder shall be equitably adjusted. The foregoing sentence shall be Tenant’s sole and exclusive remedy on account of Landlord’s performance of the foregoing actions and shall not apply to casualty or condemnation, which shall be covered elsewhere in this Lease. If Landlord will investigate changing/modifying the access to 00 Xxxxxx Xxxxxx by providing a new curb cut to Hayden Avenue closer to the main entrance of the Building. Landlord covenants and agrees that Tenant shall have access to the Premises, including freight and passenger elevators, parking and, upon reasonable prior notice and during business hours, all mechanical and electrical systems located on the floors on which the Premises are located and which serve the Premises, provided that Landlord shall exercise such have the right to relocate Tenanthave its representative accompany Tenant to such mechanical and electrical systems, at all times (other than the mechanical and electrical systems), twenty-four (24) hours per day and three hundred sixty-five (365) days per year during the Term, but subject to excusable delay (as provided in Section 8.4) and provided that Tenant shall provide Landlord with advance notice of its need to use the freight elevators and shall pay for all Tenant’s reasonable relocation costs, including costs schedule the date and time of moving such use with Landlord (and revalidating Tenant’s manufacturing processLandlord agrees to reasonably accommodate the needs of Tenant to use the freight elevators with the needs of other tenants and occupants of the Building).
Appears in 1 contract
Samples: Lease Agreement (Vistaprint LTD)
Premises. Landlord 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
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
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 (Vericel Corp)
Premises. Landlord Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed by Tenant as hereinafter set forth, hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, subject to and with the benefit Premises for the exclusive use of the terms, covenants, Tenant in the Building for the Lease Term and upon the conditions and provisions agreements hereinafter set forth below. Landlord and Tenant stipulate that the estimated rentable square footages of the Premises and the Building, respectively, are as set forth in the Summary of Basic Lease Terms. This Lease shall constitute a binding agreement between the parties effective as of the Effective Date. In addition to the use of Premises, Tenant shall have use of all of the hallways, entryways, stairs, elevators, driveways, parking areas, walkways, common kitchens, conference rooms, restrooms and all other areas in the Building or on the Land that are provided from time to time by Landlord for the general nonexclusive use by Tenant and other tenants of the Building (the “Common Area”). Tenant will have the ability to use additional amenities, on a non-exclusive basis, including certain common kitchens, bathrooms, conference rooms, and other amenities provided by the Landlord to Tenant from time to time pursuant to the terms of this Lease (the “Amenities”), which Amenities are a part of the Common Area and situated in certain areas designated by Landlord (the “Amenities Area”). Provisions regarding the remodeling or construction of Landlord’s Work within the Premises are set forth in the Work Letter. Except as set forth in the Work Letter or otherwise in this Lease, Landlord has no obligation for the completion of any finish work or remodeling of the Premises, other than being delivered freshly painted and in broom clean condition. Other than as set forth herein, Tenant shall accept the Premises on the Commencement Date in their “as is” condition, and, except as expressly set forth in this Lease, Landlord shall not be deemed to have made any representations or warranties with respect to the suitability of the Premises for Tenant's use, or otherwise, and shall have no other obligation for the completion of the Premises. By taking possession of the Premises, Tenant shall be deemed to have agreed that the same is in good order, repair, and condition. Notwithstanding the foregoing, Tenant may access the Premises prior to the Commencement Date for purposes of constructing and installing its improvements within the Laboratory Premises. Any such period of early occupancy shall be governed by all of the terms and conditions 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, except that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall have, have no obligation to pay rent except as appurtenant to the Premises, rights to use set forth 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 BuildingParagraph 3. 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 process2.
Appears in 1 contract
Samples: 15987863_v17 Lease Agreement (Recursion Pharmaceuticals, 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, 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 use, in commoncommon for lease years 1-3 and exclusively for lease years 4-5, 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 and stairways of the Building, (b) common walkways and driveways necessary for access to the Building, and (bc) the common parking areas serving the Building, (d) the loading dock serving the Building, and (e) 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 further have the right to use the space above the suspended ceiling in order for Tenant to install its conduits, cables and pipes, provided said installation is done in compliance with all applicable codes, regulations, ordinances and/or laws and pursuant to the terms and conditions of subsection 6.2.5 of this Lease (it being further agreed by Tenant that said installations shall not constitute “nonstructural, interior installations or alterations” as set forth in subsection 6.2.5 (b)). There are approximately 76 parking spaces serving the Building. Tenant shall be permitted to useuse its proportionate share of said available parking. Subject to the actions of and/or directives or orders from governmental and other authorities, at no additional cost or feeand/or the actions of utility companies, up to 102 parking spaces in Landlord shall not decrease the size of the existing 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, 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 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 processactivities permitted under this paragraph during normal business hours.
Appears in 1 contract
Samples: Lemaitre Vascular 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, 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 and stairways 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 58 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 reasonably 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 provided that at least of the equivalent quality24 hours' notice is given to Tenant (except in emergencies, and with substantially similar improvements as are in the Premises, as designated by Landlord. If Landlord where no notice 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 processbe required).
Appears in 1 contract
Samples: Ibasis 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: 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 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 or feeto Tenant, up to 102 parking spaces Landlord shall permit Tenant the nonexclusive right, in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance common 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 tenants of the Building, or eitherto utilize the existing Building risers, pipesraceways, ductsshafts and conduit for the installation and operation of Tenant’s telecommunications systems, conduitsincluding voice, wires and appurtenant fixturesvideo, wherever located in the Premises or Buildingdata, (b) to make any repairs and replacements to the Premises which Landlord may deem necessaryinternet, and (c) in connection any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems, and Landlord shall provide Tenant with any excavation made upon adjacent land of Landlord or othersreasonable access, at reasonable times determined by Landlord, 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 other areas within the Building from injury or damage and to support (other than the same. Landlord reserves premises of other tenants), including the right, at its own cost and expense, to require Tenant, upon one hundred eighty Building’s MPOE (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration main point 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 Premisesentry), as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay reasonably necessary for all the installation of required infrastructure for Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processtelecommunications systems.
Appears in 1 contract
Samples: Lease (Dexcom 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 noticenotice provided that Landlord shall not discriminate against Tenant in the enforcement of any such rules: (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. At no additional charge during the term, Tenant shall be permitted to use, at no additional cost or fee, use up to 102 59 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, following prior notice to Tenant 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 fixturesfixtures within the walls or floors (as applicable) or above the drop ceiling tiles, 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 reasonably 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: Infraredx Inc
Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, subject to and with for the benefit of the terms, covenants, conditions and provisions of this LeaseTerm, the Original Premises, excluding the roof, exterior faces of exterior walls. Landlord also hereby leases to Tenant, and pipesTenant also hereby leases from Landlord, ducts, conduits, wires, the Temporary Office Space as contemplated by Section 2.8. The Premises shall exclude the entry 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, Building shower room, and pipes, ducts, conduits, wires and appurtenant fixturesfixtures and equipment serving exclusively or in common other parts of the Building. If the Premises at any time includes less than the entire rentable floor area of any floor of the Building, wherever the Premises shall also exclude the common corridors, vestibules, walkways and bridges, elevator lobby and toilets located on such floor. Tenant acknowledges that, except as expressly set forth in this Lease, there have been no representations or warranties made by or on behalf of Landlord with respect to the Premises, the Building or the Property or with respect to the suitability of any of them for the conduct of Tenant's business. The Premises are being leased hereunder in their current "as is" condition, including the laboratory build-out and fixed and movable equipment listed on Exhibit I located in the Premises or Building, Alkermes Space (b) to make any repairs and replacements as defined in Exhibit A). Subject to the representations of Landlord set forth in Section 12.20, which representation shall survive such occupancy, the taking of possession of the Premises which by Tenant shall conclusively establish that the Premises and the Building were at such time in satisfactory condition, order and repair. Notwithstanding the foregoing, however, Landlord may deem necessary, and (c) represents that Tenant will have the right to draw upon the building systems up to the allocable share thereof described in Exhibit L for use by Tenant in connection with any excavation made upon adjacent land of Landlord or others, its alterations 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 occupancy 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: Sublease (Viacell 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: Acme Packet 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
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: Liquid Holdings Group, Inc.
Premises. Landlord 1. Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed and observed by Tenant, does hereby leases to Tenant lease unto Tenant, and Tenant does hereby leases lease and take 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 a building (the "Building"), located on that certain parcel of land described on EXHIBIT attached hereto, and driveways necessary for access to being a shopping center commonly known as Northwest Village Shopping Center (the Building"Shopping Center") located on College Avenue (U.S. Hwy. Fayetteville, Arkansas, and (b) the common parking areas a non-exclusive easement and right to use all facilities erected or serving the BuildingShopping Center and intended for public or common use, including, but not limited to, all entrances, exits, driveways, service drives and parking areas. The premises contain approximately twenty-three thousand five hundred (23,500) square feet of floor area, as delineated on the site plan attached hereto as EXHIBIT (the "Demised Premises"). After the Date of Occupancy (as defined in Article Landlord shall cause its architect to measure the leasable space in the Building and certify to Landlord the correct dimensions. The measurement shall be to the outside face of all exterior walls and to the centerline of any common walls. If Xxxxxxxx's measurements reveal a floor area which is different from the floor area provided for in this Article 1 above, Tenant shall be permitted have the right to usedispute Landlord's measurement, in which event either (a) Landlord and Tenant shall mutually agree on the floor area of the Building, or (b) Landlord and Tenant shall agree to have the space measured by an independent architect mutually acceptable to Landlord and Tenant, at Landlord's and Tenant's expense, in which event Landlord and Tenant agree to abide by such measurement. Upon the determination of the actual floor area of the Demised Premises, the minimum rent and all other charges payable by Tenant hereunder shall be adjusted to reflect the floor area of the Demised Premises, but in no additional cost event shall the floor area be deemed to be larger than twenty-four thousand (24,000) square feet for the purpose of calculating minimum rent and other charges under this lease. The Demised Premises shall not include any part of the exterior walls or fee, up to 102 parking spaces in the parking area adjacent to roof of the Building, nor any land beneath the floor of the Demised Premises. Tenant may identify Notwithstanding the foregoing, Landlord shall not place any signs on the exterior of these spaces as “visitor parking only,” the Building, construct any additional floors above the Demised Premises, place signs on the exterior of the Building, remodel the exterior of the Building or locate any equipment on the roof without Tenant's consent, which shall not be unreasonably withheld, conditioned or delayed, and in accordance with no event shall Landlord's use of the Northwest Park sign policy. Landlord reserves exterior walls of the right from time to timeDemised Premises, without unreasonable interference with the area beneath the Demised Premises, or the roof of the Demised Premises adversely affect Tenant's access to or use of the Demised 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: 122.200.17.65:5577
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 or feeto Tenant, up to 102 parking spaces Landlord shall permit Tenant the nonexclusive right, in the parking area adjacent to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance common 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 tenants of the Building, or eitherto utilize the existing Building risers, pipesraceways, ductsshafts and conduit for the installation and operation of Tenant's telecommunications systems, conduitsincluding voice, wires and appurtenant fixturesvideo, wherever located in the Premises or Buildingdata, (b) to make any repairs and replacements to the Premises which Landlord may deem necessaryinternet, and (c) in connection any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems, and Landlord shall provide Tenant with any excavation made upon adjacent land of Landlord or othersreasonable access, at reasonable times determined by Landlord, 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 other areas within the Building from injury or damage and to support (other than the same. Landlord reserves premises of other tenants), including the right, at its own cost and expense, to require Tenant, upon one hundred eighty Building’s MPOE (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration main point 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 Premisesentry), as designated by Landlord. If Landlord shall exercise such right to relocate Tenant, Landlord shall pay reasonably necessary for all the installation of required infrastructure for Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processtelecommunications systems.
Appears in 1 contract
Samples: Lease (Dexcom 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 the Building (and any areas, such as the space above the ceiling exclusively or in common with the wallsPremises, that may contain other parts of the Building, and if Tenant's space includes less than entire rentable area of any floor, excluding the central core area of such pipes, ducts, conduits, wires or appurtenant fixtures)floor. Tenant shall have, as appurtenant to the Premises, rights to use use, in commoncommon with Landlord and other tenants of the Building, subject to reasonable rules of general applicability to tenants of the Park Building from time to time made by Landlord in accordance with Section 6.1.10 of which Tenant is given noticethis Lease: (a) the lobbies, hallways, stairways and elevators necessary for access to the Premises, (b) if the Premises includes less than the entire rentable area of any floor, the restrooms on such floor, (c) any common cafeteria and/or fitness center that may be now or hereafter constructed on the Property, (d) the common walkways and driveways necessary for access to the BuildingBuilding and the parking areas on the Property, and (be) the common parking areas on the Property and any other parking areas serving the Building,, and (f) all wires, cables, pipes, poles, mains, conduits, ducts, trenches and other fixtures, facilities and equipment necessary or convenient to provide electricity, telephone, cable, gas, water, sewer and other utility and telecommunications services to the Premises (collectively, the "Common Facilities"). Tenant shall be permitted also have the right to use, use up to 3.7 parking spaces located at the Property for each 1,000 rentable square feet of the Rentable Floor Area of the Premises at no additional cost or fee, up to 102 Tenant. Landlord shall not grant to all tenants in the aggregate the right to use more parking spaces in than available at 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 policyProperty. Landlord reserves the right from time to time, without unreasonable interference with access to or Xxxxxx'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 above dropped ceilings in the Premises or in core areas of the 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, at reasonable times and upon reasonable prior notice (except in an emergency), to enter, and to license others to enter, 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: Oak 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 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
Premises. Subject to the provisions of this Lease, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, the Suite Spaces as described in the Summary of Basic Lease Information, Section “A”, as outlined on the applicable floor plans therefor attached hereto as Exhibits B-1 through B-5 (collectively, the “Premises”). In connection with such demise and subject to and with Article 21 herein, Landlord hereby grants to Tenant the benefit of nonexclusive right to use during the terms, covenants, conditions and provisions Term of this Lease, all Common Areas designed for the Premises, excluding the roof, exterior faces use 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 all tenants 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 in common parking areas serving the Building. Tenant shall be permitted to use, at no additional cost or fee, up to 102 parking spaces with all tenants in the parking area adjacent to Building and their invitees, for the Building. Tenant may identify any of these spaces as “visitor parking only,” purposes for which the Common Areas are designed and in accordance with the Northwest Park sign policyall Legal Requirements. Landlord reserves the right from time to time, without unreasonable interference with access make alterations or additions to or to change the location of elements of the Complex and the Common Areas, so long as the changes do not change the nature of the Complex to something other than a first class office building project or result in an Adverse Condition. Landlord, however, has the sole discretion to determine the manner in which the Common Areas are maintained and operated, and the use of the Common Areas shall be subject to the Building Rules and Regulations. Tenant acknowledges that Landlord has made no representation or warranty regarding the Complex, Building or Premises or the suitability of the Complex, Building or Premises for Tenant’s intended use of the Premises. By occupying the Premises, Tenant accepts the Premises as being suitable for Tenant’s intended use of the Premises. As used herein, an “Adverse Condition” shall mean: (a) to install, use, maintain, repair, replace and relocate for service to a material adverse interference with Tenant’s use of the Premises and other parts of for the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, use permitted under this Lease; (b) to make any repairs and replacements an unreasonable interference with Tenant’s access to the Premises which Landlord may deem necessary, and Premises; (c) other than on a reasonably temporary basis, a reduction of, or material adverse interference with Tenant’s access to, the number of Unreserved Passes and/or Reserved Passes set forth 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 Section “E” of the Building from injury Summary of Basic Lease Information; or damage and to support the same. Landlord reserves the right, at its own cost and expense, to require Tenant, upon one hundred eighty (180d) 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 event which materially increases Tenant’s reasonable relocation costsmonetary obligations under this Lease, including costs of moving and revalidating Tenant’s manufacturing processexcept for increases in Operating Expenses to the extent such increases are otherwise permitted in Section 5.4 below.
Appears in 1 contract
Samples: Lease Agreement (Fusion-Io, 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 reasonable advance notice, the common areas and facilities of the Building, including, without limitation: (a) the common lobbies, hallways, stairways, elevators and lavatories of the Building, loading docks and ramps, (b) common walkways and driveways necessary for access to the Building, and (bc) the common parking areas serving the Building, and (d) the cafeteria and exercise facility, including the locker/shower room, on the Property. Tenant shall be permitted to use, at no additional cost or fee, use up to 102 109 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, provided that any such work is installed above the finished ceiling, below the finished floor, or within existing chases, (b) to alter or relocate any other common facility, (c) to make any repairs and replacements to the Premises which Landlord may deem necessaryis required or permitted to make hereunder, 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, will use reasonable efforts to require minimize any disruption to Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration 's use of the Original Term, to an area Premises in Landlord's exercise 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 processits rights hereunder.
Appears in 1 contract
Samples: Software Com 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 Lessor hereby leases to Tenant and Tenant hereby leases from LandlordLEASES unto Lessee, subject to and the Premises together with the benefit of of, and subject to (as the termscase may be) all rights, easements, covenants, conditions conditions, encumbrances, encroachments and provisions restrictions of record as of the date of this Lease. Lessor shall have the right, without the Premisesnecessity of obtaining Lessee's consent thereto or joinder therein (but subject to the terms of Section 22.3 below), excluding to grant, permit, or enter into during the roofterm of this Lease such additional rights, exterior faces easements, covenants, conditions, encumbrances, encroachments and restrictions with respect to the Land as Lessor may deem appropriate, PROVIDED THAT no such rights, easements, covenants, conditions, encumbrances, encroachments or restrictions shall materially adversely affect Lessee's use of exterior wallsthe Premises for the Permitted Use. At any time during which Lessee is not the lessee of the entire Building, Lessor hereby reserves the right to maintain, use, repair and replace pipes, ducts, conduits, wires, meters and appurtenant any other equipment, machinery, apparatus and fixtures serving located within the Premises. Lessee, its employees and invitees shall have access to the Premises at all times; provided that, if Lessor recaptures a portion of the Premises, such access shall be subject to Lessor's reasonable security procedures. Lessee shall be permitted to operate its business in the Premises outside of the Building hours (and any areasas set forth in Paragraph 1 of EXHIBIT D attached hereto), such as but if Lessor is managing the space above the ceiling or in the wallsBuilding, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant Lessee shall havepay to Lessor, as appurtenant Additional Rent, the cost of supplying services to the Premises, rights as described on Exhibit D, at times other than such Building hours, such payment to use in common, subject be due and payable no later than thirty (30) days after Lessor gives written notice to reasonable rules of general applicability to tenants Lessee of the Park from time to time made by Landlord amount 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 processcharges.
Appears in 1 contract
Samples: Lease (Transkaryotic Therapies 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, common stairwells, shafts, ducts and pipesconduits passing through the Premises and building systems and building service fixtures and equipment serving exclusively or in common other parts of the Building. Tenant’s Space (including Phase 1 and Phase 2) with such exclusions, ductsbut with such appurtenances as hereinafter provided, conduits, 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 café located within the Building, and the common areas and facilities included within Burlington Office Park 1 (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 101 non-reserved parking spaces including eight (8) “reserved” spaces located on the Lot, which reserved spaces shall be located as shown on Exhibit “B”, 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 BuildingPremises. Tenant Landlord shall be permitted to usemaintain a fitness center, at no additional cost or fee, up to 102 parking spaces locker rooms and a café in operation throughout 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 policyTerm. 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: Lease (Demandware Inc)
Premises. Landlord hereby leases Leases and lets to Tenant Tenant, and Tenant hereby leases takes and hires from Landlord, for the Term and upon and subject to the terms and with the benefit of the termsconditions set forth in this Lease, and subject to all liens, encumbrances, easements, agreements, covenants, conditions restrictions, zoning laws and provisions governmental or any other regulations now or hereafter affecting or governing the Shopping Center, the following described premises (the “Premises”): All of that certain tract, piece or parcel of land together with any and all improvements thereto (except as provided herein below), including, without limitation a certain building (the “Building”) containing approximately 2,540 square feet of area on the first and second floors, all as shown in heavy outline on the site plan annexed hereto as Exhibit A. together with the appurtenant right, as provided in Section 6(c) (1) of this Lease, to use in common with Landlord and others to whom Landlord shall grant such rights, the Parking Areas and other Common Areas within the Shopping Center. The Premises are leased to Tenant subject to (1) the right of Landlord, its customers, tenants, employees, licensees and invitees to use, in common with Tenant, the roadways, walkways and drives located on the Premises, excluding and (2) the roofright of Landlord, exterior faces of exterior wallsits agents, employees and pipescontractors, ductsto install, conduitsmaintain, wires, repair 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 replace from time to time made by Landlord above ground and underground sewer, drainage and other utility pipes, lines and conduits across the Premises to serve other portions of which Tenant is given notice: the Shopping Center (a) common walkways any such utilities serving other portions of the Shopping Center, including any existing on the Commencement Date, being deemed “Common Facilities” and driveways necessary for access not part of the Premises demised to the BuildingTenant), and to enter upon the Premises for such purposes, provided that (bi) Landlord shall make reasonable efforts to expedite any such installation, maintenance, repair or replacement requiring entry upon the common parking areas serving the Building. Tenant Premises, (ii) any new installation 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 not unreasonably interfere 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 make any repairs and replacements to the Premises which Landlord may deem necessary, and (ciii) in connection with any excavation made upon adjacent land following each such entry, Landlord shall restore the surface of Landlord or others, to enter, and to license others to enter, upon the Premises to do the condition prevailing immediately prior to such work entry. The Building is leased to Tenant “as the person causing such excavation deems necessary is” without warranty or representation, either express or implied, as to preserve the wall of its condition or repair, and all responsibility to place the Building from injury or damage in a tenantable condition suitable for Tenant’s business purposes shall be Tenant’s, as provided in Section 9 hereof 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 processthis Lease.
Appears in 1 contract
Premises. In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from LandlordLandlord for the Term and upon the terms and conditions herein set forth premises described in Section 1.01(l) (hereinafter referred to as the "Premises"), subject located in an office building development referred to in Section 1.01(H) (hereinafter referred to as the "Building"). The legal description of the Building is attached hereto as Exhibit "B". Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. In addition, the factor set forth in Section 1.010.) has been added to the area as measured above to adjust for Tenant's proportionate share of common hallways, restrooms, etc. in the building. The exterior walls and roof of the Premises and the areas beneath said Premises are not demised hereunder and the use thereof together with the benefit of the termsright to install, covenantsmaintain, conditions and provisions of this Leaseuse, the Premises, excluding the roof, exterior faces of exterior wallsrepair, and replace pipes, ducts, conduits, wires, and appurtenant fixtures wires leading through the Premises in locations which will not materially interfere with Tenant's use thereof and 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 other parts of the Park from time building or buildings are hereby reserved to time made by Landlord. Landlord of which Tenant is given notice: reserves (a) common walkways and driveways such access rights through the Premises as may be reasonably necessary for to enable access by Landlord to the Building, balance of the building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Premises to monitor use of utilities. In exercising such rights, Landlord will use reasonable efforts so as to not commit waste upon the Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII contained hereinbelow, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking areas serving spaces, driveways, footways, and other facilities designated for common use within the Building. , except that with respect to non-exclusive areas, Tenant shall be permitted cause its employees to use, at no additional cost or fee, up to 102 parking spaces park their cars only 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 areas specifically designated from time to time, without unreasonable interference with access to or use of the Premises: (a) to install, use, maintain, repair, replace and relocate time by Landlord 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 processthat purpose.
Appears in 1 contract
Samples: World Wireless Communications 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: Acme Packet 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
Premises. Landlord hereby leases to Tenant 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. Tenant’s Space, with such exclusion, is hereinafter referred to as the “Premises”. Landlord and Tenant acknowledge and agree that the rentable square footage of the Premises has been determined, and pipesthe rentable square footage of any additional space added to the Premises shall be determined, ductsby calculating the usable square feet of space in the Premises in accordance with the “Standard Method of Measuring Floor Area in Office Buildings,” provided by the Secretariat, conduitsBuildings Owners and Managers Association International (ANSI/BOMA Z65.1-1996), wiresapproved June 7, 1996. The rentable square footage of the Premises shall be one and appurtenant fixtures serving the Building (and any areas, such same as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures)usable square footage. Tenant shall have, as appurtenant an appurtenance to the Premises, rights the nonexclusive right to use in commoncommon with others entitled thereto: (a) the common facilities included in the Building or on the real property on which the Building is located (the “Lot”), subject said Lot being described more particularly in Exhibit A hereto, to reasonable rules of general applicability to tenants of the Park extent from time to time made designated by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and Landlord; (b) any entrance drives or other private access drives located on the common parking areas Project Tract which are necessary for ingress and egress to and from the Building; and (c) the 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 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, pipes, ducts, conduits, wires building service fixtures and appurtenant fixtures, equipment wherever located in the Premises or Building, Building and (b) to make alter or relocate any repairs and replacements other common facility provided that substitutions are substantially equivalent or better. Landlord also reserves the right to re-measure the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land after the construction of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as and adjust the person causing such excavation deems necessary to preserve the wall amount 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 rentable square feet of the Original Term, to an area space contained therein for purposes 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 coststhis Lease, including costs calculation of moving and revalidating Tenant’s manufacturing processRent.
Appears in 1 contract
Samples: Lease Agreement
Premises. Landlord hereby leases to Tenant the Postal Service and Tenant hereby the Postal Service leases from Landlord, subject to and the following premises (the "Premises") located in a Brick/Block building having a street address of 00 X Xxxx Xxxxxx, XXXXXXXXXXX, XX 00000-0000 (the "Building") situated upon the real property with an Assessor's Parcel Number of 34-029-24-43-0141 (the benefit "Property"). The Premises consists of approximately 36,500 square feet of net interior space as shown on Exhibit A. The Postal Service shall have the non-exclusive right in common with other tenants, if any, of the termsBuilding to use any and all stairways, covenantshalls, conditions toilets and provisions sanitary facilities, and all other general common facilities in the Building as well as appurtenances and easements benefiting the Premises and the Property, and all common sidewalks, driveways, drive lanes, entrances, exits, access lanes, roadways, service areas, parking and other common areas, wherever located in or on the Property, which the Postal Service deems necessary or appropriate to support its intended use of the Premises and to exercise its rights under this Lease. Landlord shall not make any changes to the size, location, nature, use or place any installations upon, the Premises, excluding the roof, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving the Building (and any common areas, such as including, without limitation the space above sidewalks and parking areas, of the ceiling Property which impair the accessibility to or in visibility of or ease of use of the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). Tenant shall havePremises by the Postal Service and/or its customers, as appurtenant reasonably determined by the Postal Service. At no expense to the Postal Service and/or its employees or customers, Landlord shall provide a minimum of 418 parking spaces, sized for (i) passenger trucks, vans and cars and (ii) mail trucks of varying sizes, in reasonable proximity to the Premises, rights which shall be available at all times for Postal Service employees and customers. The number of parking spaces shall include sufficient parking spaces reserved for those with handicapped parking stickers to use in common, subject comply with law and Landlord shall provide any signage or striping required to reasonable rules of general applicability to tenants indicate such reserved spaces. The location and sizes of the Park from time to time made by Landlord parking spaces are shown on the attached Exhibit B. At least 184 of which Tenant is given notice: (a) common walkways and driveways necessary for access to the Building, and (b) the common 418 parking areas serving the Building. Tenant spaces shall be permitted to use, at no additional cost or fee, up to 102 parking spaces in reserved for 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 exclusive use of the Premises: (a) to install, use, maintain, repair, replace Postal Service employees and relocate for service to the Premises customers 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 clearly identify through signage or otherwise the spaces reserved for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processPostal Service use. 2.
Appears in 1 contract
Samples: lims.minneapolismn.gov
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject Subject to and with the benefit of the terms, covenants, conditions and provisions of this Leaselease, Landlord hereby leases to Tenant, and Tenant leases from Landlord, Tenant's space in the PremisesBuilding, excluding the roof, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving all common facilities of the Building and all building service fixtures and equipment serving (and any areas, such as the space above the ceiling exclusively or in common) other parts of the wallsBuilding. Tenant's space, that may contain with such pipesexclusions, ducts, conduits, wires or appurtenant fixtures)is hereinafter referred to as "the demised premises". Tenant shall have, as appurtenant to the Premisesdemised premises, rights the right to use in commoncommon with others entitled thereto, 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 facilities from time to time included in the Building or on the parcel of land on which the Building is located (said parcel being more particularly described in Exhibit F and driveways necessary for access being hereafter referred to as "the Lot"), to the Building, and extent from time to time designated by Landlord; (b) the common parking areas building service fixtures and equipment serving the Building. Tenant shall be permitted demised premises; and (c) the common facilities from time to usetime serving the Lot in common with other parcels of land, at no additional cost or feesuch as any so- called access roads, up to 102 parking spaces in retention ponds, sewer and utility lines and the parking area adjacent like, all to the Building. Tenant may identify any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policyextent from time to time designated by Landlord. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: time (a) to install, repair, replace, use, maintain, repair, replace maintain and relocate for service to the Premises demised 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 alter, relocate or eliminate any repairs and replacements to the Premises which Landlord may deem necessaryother common facility, and (c) in connection with any excavation made upon to increase and/or decrease the size of the Lot by the acquisition of adjacent land and/or the disposition of any portions thereof. No such increase or decrease shall be deemed to have occurred until Landlord or othersshall give Tenant notice thereof. Landlord warrants that there shall always be parking for at least three and one half (3 1/2) cars per 1,000 square feet of rentable floor area, subject, however, 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 sametakings by eminent domain. Landlord reserves agrees that in exercising its rights hereunder, it shall not unreasonably interfere with the right, at its own cost and expense, to require conduct of Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere 's business 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 processdemised premises.
Appears in 1 contract
Samples: Lease (Sycamore Networks 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. 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 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 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: Amylyx 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 LeaseLease and any agreements, easements, and restrictions of record, as the Premisessame may be amended from time to time, excluding applicable to the Property. Excluded from the Premises are 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 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 lobbies, hallways, stairways, and driveways necessary for access to elevators of the Building, and (b) the Common Areas (defined in Section 5.1.5), and (c) if the Premises include less than the entire rentable area of any floor, the common parking areas serving toilets and other common facilities in the Buildingcentral core area of such floor. Tenant shall be permitted to use, at no additional cost or fee, up to 102 use 158 unreserved parking spaces in the surface 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 policyBuilding on a first come, first served basis. Landlord reserves the right from time to time, upon reasonable prior notice (except in the case of emergency) 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 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 rightshall use commercially reasonable efforts to perform all repairs, at its own cost improvements and expense, additions in such a manner as to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration minimize interference with Xxxxxx’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 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: Lantheus Holdings, Inc.
Premises. Landlord hereby Landlord, as the fee owner, leases the Premises to Tenant Tenant, and Tenant hereby leases rents the Premises from Landlord. The Premises contain approximately _______ square feet of the surface of the land and those areas above and below grade needed to accommodate a building of approximately 3,200 square feet, subject plus a driveway for Tenant’s drive-through facilities (Three (3) drive through lanes and one (1) drive through ATM lane) as shown on Exhibit A and all walkways and landscaping adjoining the building on the Premises (the “Premises”). Landlord agrees to extend reasonable easement rights across Landlord’s adjoining land, roadways, service drives and with streets as such are reasonably required for installation and maintenance of all utility lines and for driveways and approaches for the use and benefit of the termsdescribed parcel of real estate, covenantsincluding the improvements to be erected thereon. It is understood and agreed that some of the lighting may be directly fed to the Tenant’s separate meter (to be provided as part of Tenant’s Work described below) and some to the common area meters, conditions as required by Landlord’s or Tenant’s needs. Landlord reserves for it and provisions of this Leasefor all tenants in the Center all other air and subsurface rights and an easement to enter the Premises to construct, the Premises, excluding the roof, exterior faces of exterior wallsuse, and pipesmaintain such improvements (for example, ductsutility lines) as may be appropriate, conduitsin Landlord’s sole judgment, wiresfor the development and operation of the Center. Landlord shall give Tenant twenty-four (24) hours’ notice before entering the Premises under this Section and shall promptly repair any portion of the Premises which is disturbed, and appurtenant fixtures serving the Building (and any areas, such as the space above the ceiling or except in the wallsevent of any emergency, that may contain such pipesin which case Landlord will use reasonable efforts to provide notice to Tenant (for example, ducts, conduits, wires or appurtenant fixtures)by telephone) to those persons designated by Tenant to be contacted in the event of an emergency. Tenant shall have, as appurtenant Notwithstanding anything to the Premisescontrary in this paragraph, rights to use in commonthe absence of any apparent emergency, subject to reasonable rules of general applicability to tenants of Landlord, its agents and employees (i) shall not enter 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 BuildingPremises except during Tenant’s operating hours, and (bii) shall not, during Tenant’s operating hours, enter any part of the common parking areas serving Premises which is not open to the Buildingpublic, unless escorted by one of Tenant’s agents or employees. In the event that Landlord’s or Landlord’s parent’s employees enter the Premises forcibly during an apparent emergency, such employees shall, within a reasonable time thereafter considering all of the circumstances, again notify those persons designated by Tenant to be contacted in the event of an emergency. 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 responsible for providing Landlord with the Northwest Park sign policy. Landlord reserves the right from time to time, without unreasonable interference with access to or use names and phone numbers 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 processpersons.
Appears in 1 contract
Premises. The Tenant, its officers, directors and employees (provided that the Tenant shall first notify or confirm in writing to the Landlord hereby leases or parking operator that any individual officer, director or employee is entitled to Tenant and Tenant hereby leases from Landlord, subject use of a parking stall pursuant to and with this Lease) shall have the benefit right to lease up to one (1) unreserved parking stall for every 3,000 square feet of Rentable Area of the termsFloors 12 – 13 Premises leased, covenants, conditions and provisions in the underground parking garage of this Lease, the Premises, excluding Building commencing on the roof, exterior faces of exterior wallsFloors 12 – 13 Commencement Date, and pipesthereafter throughout the Term and any extensions or renewals thereof at the prevailing monthly market rental rate, ducts, conduits, wireswhich for thirty six (36) months following the Floors 12 – 13 Commencement Date (and for any period prior to the Floors 12 – 13 Commencement Date) shall not exceed $275.00 per unreserved parking stall per month plus applicable Sales Taxes, and appurtenant fixtures serving which rental rate may thereafter be adjusted by the Building (and any areas, such as Landlord or 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 Landlord’s parking operator from time to time made by Landlord of which Tenant is given notice: (a) common walkways and driveways necessary to no more than market rates 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 similar parking spaces in similar buildings. The Tenant will advise the Landlord of the number of unreserved parking area adjacent stalls it requires within two (2) months after the Tenant commences its business operations in the Floors 12 – 13 Premises, and any stalls which the Tenant does not require within the foregoing requirement of one (1) unreserved parking stall for every 3,000 square feet of Rentable Area of the Floors 12 – 13 Premises leased, may be leased by the Landlord to other parties on a month-to-month basis. However, on 60 days’ prior written notice, the Tenant and its officers, directors and employees, as the case may be, may re-lease any parking stalls not previously required (subject to the Building. Tenant’s maximum allotment), provided that the Tenant may identify shall first notify or confirm in writing to the Landlord or parking operator that any of these spaces as “visitor parking only,” in accordance with the Northwest Park sign policy. Landlord reserves the right from time individual officer, director or employee is entitled to time, without unreasonable interference with access to or use of a parking stall pursuant to this Lease. If required by the Premises: Landlord or the Landlord’s parking operator, the Tenant’s parking user shall enter into the Landlord’s standard parking agreement (asubject to such amendments as may be reasonably requested) with respect to installany parking stalls leased by the Tenant or its officers, usedirectors and employees, maintainas the case may be, repair, replace and relocate for service to in the Premises and other parts underground parking garage of the Building, provided that the Tenant shall first notify or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located confirm in the Premises or Building, (b) to make any repairs and replacements writing to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or othersparking operator that any individual officer, director or employee is entitled to enter, and use of a parking stall pursuant 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 processthis Lease.
Appears in 1 contract
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, excluding which shall be comprised of the roofspace illustrated on Exhibit B-1, subject to the exclusion herein below set forth in this Section 2.1, Landlord’s reservations set forth in Section 2.3, such easements, covenants and restrictions as may affect the Property and the terms and conditions of this Lease. Tenant shall further be subject to any declaration of easements, covenants and/or restrictions or other matters of record encumbering the Park provided that such agreement does not adversely affect Tenant’s use and occupancy of the Premises or its rights and obligations under this Lease in more than a de minimus manner (Tenant acknowledging that it has no right to object to the recording of the No Further Remediation letter or any deed covenants required thereby so long as they are consistent with the terms of the DECR (all as defined in Section 5.5, below). The Tenant acknowledges that, except as expressly set forth in this Lease, there have been no representations or warranties made by or on behalf of the Landlord with respect to the Premises, the Building or the Property or with respect to the suitability of any of them for the conduct of the Tenant’s business or activities. The Premises shall exclude common areas and facilities of the Property, including without limitation exterior faces of exterior walls, the entry, vestibules and 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, the common stairways and stairwells, elevators and elevator xxxxx, boiler room, sprinklers, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures, 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, the Premises shall also exclude the common corridors, vestibules, elevator lobby, toilets, janitor’s closet, electrical and telephone closet, and freight elevator vestibule located on such floor. Tenant shall have twenty four (b24) to make any repairs and replacements hours per day, seven (7) days per week access 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 processparking.
Appears in 1 contract
Samples: Lease (Exicure, Inc.)
Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, subject to and 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 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 including 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 1 contract
Samples: Sublease Agreement (Thermage Inc)
Premises. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from LandlordLandlord for the Lease Term, 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 Property, all of which Tenant shall perform and observe insofar as the same are applicable to 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 have access to the Premisespremises twenty-four (24) hours per day, rights to use in commonseven (7) days per week during the Lease Term, subject to reasonable rules the terms and conditions of general applicability this Lease. Tenant shall have the right to tenants the non-exclusive use of all exterior portions of the Park Property that are designated by Landlord from time to time made for the common use of Tenant, Landlord, and all other tenants of the Building at and above grade level, but Tenant shall not have any right of access, control over, or other ability to use any portion of the Property below grade level, all of which is hereby reserved to Landlord. Notwithstanding anything set forth elsewhere in this Lease to the contrary, Tenant shall not have the right to use the roof of the Building or any portion thereof except with the prior written consent of Landlord (which prior written consent of Landlord may be withheld by Landlord of in its sole and absolute discretion). Notwithstanding the foregoing, Landlord shall construct an approximate 16’ x 35’ concrete pad (the “Generator Pad”) close to the building, and Tenant shall have the right to install thereon generator(s), compressor(s) and such other equipment as Tenant may desire, subject to Landlord’s prior written consent, which Tenant is given notice: consent shall not be unreasonably withheld or delayed. Notwithstanding anything to the contrary set forth elsewhere in this Lease, Landlord shall have the right to use (a) common walkways the roof of the Building and driveways any and all portions thereof at any time or times during the Lease Term for the installation and/or operation of solar equipment, antennae and other communication equipment, water collection facilities, and/or such other equipment as Landlord shall deem necessary for access to the Building, or appropriate and (b) the common parking areas serving Land and any and all portions thereof at any time or times during the BuildingLease Term for the installation and/or operation of solar panels, wind turbines, communication equipment, billboards, and/or such other ground-based equipment as Landlord shall deem necessary or appropriate, and in each case Landlord will use commercially reasonable efforts not to materially interfere with Tenant’s use of the Premises or increase Tenant’s costs. 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 have 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 roof of the Building from injury (or damage such other portion of the Property as Landlord shall reasonably determine) in common with the Landlord for the installation of HVAC and other equipment and apparatuses as Tenant may desire, subject to support the same. Landlord reserves the rightLandlord’s prior written consent in each individual case, at its own cost which consent may be granted or withheld in Landlord’s sole and expense, to require Tenant, absolute discretion; provided that Tenant shall remove any such HVAC equipment upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration or earlier termination of the Original Lease 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 (Biolife Solutions Inc)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject Subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, Landlord hereby leases to Tenant, and Tenant leases from Landlord, Tenant’s space in the PremisesBuilding (as shown on Exhibit A-1), excluding the roof, exterior faces of exterior walls, and pipes, ducts, conduits, wires, and appurtenant fixtures serving all common facilities of the Building and all building service fixtures and equipment serving (and any areasexclusively or in common) other parts of the Building. Tenant’s space includes approximately 21,401 rentable square feet of space located on the first (1st) floor of the Building. The Building is outlined in red upon the plan attached as Exhibit A. Tenant’s space, with such exclusions, is hereinafter referred to collectively as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures)“Demised Premises”. Tenant shall have, as appurtenant to the Demised Premises, rights the right to use in commoncommon with others entitled thereto, 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 (bi) the common parking areas serving the Building. Tenant shall be permitted facilities from time to use, at no additional cost or fee, up to 102 parking spaces time included in the parking area Building or on the parcel of land on which the Building is located (said parcel being more particularly described in Exhibit E and being hereafter referred to as the “Lot”), to the extent from time to time designated by Landlord, including without limitation the loading dock located adjacent to the BuildingDemised Premises; and (ii) the building service fixtures and equipment serving the Demised Premises. Tenant may identify any The Lot is represented by the area outlined by a bold line upon said Exhibit A. It is understood and agreed that said plan is intended only to show the approximate size of these spaces the Lot as “visitor parking only,” in accordance with presently constituted and the Northwest Park sign policyapproximate size and location of the Building and for no other purpose. Landlord reserves the right from time to time, without unreasonable interference with access to or use of the Premises: time (a) to install, repair, replace, use, maintain, repair, replace maintain and relocate for service to the Demised 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 alter, relocate or eliminate any repairs and replacements to the Premises which Landlord may deem necessary, and other common facility; (c) in connection with any excavation made to designate specific parking areas upon the Lot to be for the exclusive use of one or more users thereof; (d) to designate specific traffic routes for trucks and other delivery vehicles; (e) to alter the size of the Building, including, without limitation, converting warehouse space to office or laboratory space, office space to warehouse or laboratory space, or laboratory to office or warehouse space; and (f) to increase and/or decrease the size of the Lot by the acquisition of adjacent land and/or the disposition of any portions thereof. No such increase or decrease shall be deemed to have occurred until Landlord or othersshall give Tenant notice thereof. Landlord shall make available to Tenant on a non-reserved, first come-first serve basis, at no additional cost to enterTenant, 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 one (1) parking space per one thousand (1,000) rentable square foot of floor area 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 Demised Premises elsewhere in the Park after parking areas/garage serving 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 processBuilding.
Appears in 1 contract
Premises. Landlord either owns, leases or licenses (or in the future will own, lease or license) the Sites and the improvements thereon, which improvements may include, without limitation, buildings, water tanks, poles and tower structures (the "Antenna Sites"). If Landlord leases or licenses any Site, Landlord shall provide Tenant upon request with a copy of Landlord's lease or license and all amendments or modifications thereto (the "Prime Lease"), which will be attached to each affected Site Schedule as Exhibit 4. If required by the terms of the Prime Lease, Landlord shall use best efforts to obtain the written consent of the prime landlord or licensor to this Lease and the relevant Site Schedule which shall include specifically the consent to Tenant's rights pursuant to Section 16 of this Lease; provided, however, that the Landlord shall have no obligation to obtain the written consent of the prime landlord or licensor with respect to any Site transferred under and pursuant to the Merger Agreement. If Landlord shall fail to obtain such required written consent of the prime landlord or licensor for any Sites other than Sites being transferred under and pursuant to the Merger Agreement at Closing, then Tenant shall not be obligated to enter into a Site Schedule for such Site. Upon execution of each Site Schedule (but subject to Section 28(m) of this Lease) and subject to the terms and conditions of this Lease and the Site Schedule, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, space on each Site as more particularly described in each Site Schedule and space on the related Antenna Site (collectively, the "Premises") and grants Tenant the right, subject to the rights of existing tenants, to install and with the benefit of the terms, covenants, conditions maintain transmission and provisions of this Lease, the Premises, excluding the roof, exterior faces of exterior walls, and pipes, ducts, conduits, utility wires, poles, cables, conduits and appurtenant fixtures serving pipes on each Site including over, under or along a right-of-way extending from 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 nearest public right-of-way to the Premises, rights ; said Premises and right-of-way for access being substantially as described in Exhibits 1 and 2 annexed to use each individual Site Schedule. For all Existing Sites included in common, subject to reasonable rules of general applicability to tenants of the Park from time to time made by Landlord of Towers Package for which Tenant is given notice: has provided the Site Acquisition Work (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 as defined in the parking area adjacent to the Building. Master Site Commitment Agreement) Tenant may identify any agrees that whatever description 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) access thereto is provided by Tenant in connection with any excavation made upon adjacent land Tenant's transfer and assignment of such Existing Sites to Landlord (or others, to enter, and to license others to enter, upon its predecessor in interest) shall be 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 description utilized 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 Site Schedules for such right to relocate Tenant, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processExisting Sites.
Appears in 1 contract
Samples: Master Site Lease Agreement (Spectrasite Holdings Inc)
Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, subject to and the Premises described in the Basic Lease Information, which Premises are more particularly shown on Exhibit A, together with the right in common to use the Common Areas of the Building and the land (as described on Exhibit A-1) upon which the Building is located (the "Property").The Common Areas shall mean the areas and facilities within the Building and the Property provided and designated by Landlord for the general use, convenience or 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 tenants and occupants of the Building, or either(including, pipeswithout limitation, ductscommon entrances and hallways, conduitsrestrooms, wires trash disposal facilities, janitorial, telephone and appurtenant fixtureselectrical closets and landscaping walks, wherever located the parking garage, other unreserved parking areas, and drives). Subject to prior rights of existing tenants as more particularly set forth on Exhibit E, Tenant shall have a right of first offer to lease additional adjacent space on the third floor of the building in which the Premises or Buildingare located on the same terms as herein provided, (b) to make except that any repairs and replacements to Tenant Improvement allowance shall be prorated at the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land rate 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 $2.50 per rentable square foot for each full lease year 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 remaining portion of the Original TermInitial Term of this Lease. Said right of first offer shall be exercised by Tenant's written notice of its intent to enter negotiations, which notice shall xx xxxt to an area Landlord not more than ten (10) days following receipt of substantially equivalent size and at least Landlord's written notice to Tenant of the equivalent quality, and with substantially similar improvements as are in availability of such space. In furtherance of the Premises, as designated by Landlord. If Landlord shall exercise such right to relocate Tenantintention of this provision, Landlord shall pay for all Tenant’s reasonable relocation costs, including costs have a duty to give notice of moving and revalidating Tenant’s manufacturing processthe availability of such space whenever the same shall become available during the term of the Lease.
Appears in 1 contract
Samples: Transact Technologies 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 common, subject to reasonable rules of general applicability to tenants of common with others entitled thereto the Park from time to time made by Landlord of which Tenant is given notice: (a) exterior common walkways and driveways necessary for access to on the BuildingLot, and the right of its employees, invitees and visitors to continuously use four (b4) parking spaces for each 1,000 rentable square feet within the common parking areas serving the Building. Tenant shall be permitted to usePremises, at no additional cost or fee, up to 102 being (i) one hundred sixty (160) parking spaces in the Building’s common parking area adjacent to areas from and after the Phase I Commencement Date, (ii) a total of four hundred sixty two (462) parking spaces in the Building. ’s common parking areas from and after the Phase II Commencement Date, and (iii) a total of five hundred forty-six (546) parking spaces in the Building’s common parking areas from and after the Phase III Commencement Date, in each case on a non-exclusive and non-dedicated basis; provided that if Landlord at any time provides another tenant in the Building with parking rights more favorable than those provided to Tenant may identify any of these spaces as “visitor hereunder, Tenant’s parking only,” in accordance with the Northwest Park sign policyrights shall be adjusted such that Tenant has parking rights comparable to such other tenant. Landlord reserves the right from time to timetime to implement reasonable measures, without unreasonable interference with access such as the use of parking stickers, applicable on a uniform basis to or all tenants in the Building, in order to monitor the use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises Building’s parking spaces by Tenant and other parts of tenants in the Building, or eitherand Tenant shall reasonably cooperate therewith. In addition, pipesTenant shall have the exclusive right to use, ductsat no additional charge, conduits, wires and appurtenant fixtures, wherever located in approximately 3,000 square feet of mezzanine space within the Premises or Building, as more particularly shown on Exhibit B attached hereto (b) the “Mezzanine Space”). Said Mezzanine Space is delivered to make Tenant in “As Is,” “Where Is” condition, with all faults and without representation, warranty or guaranty of any repairs and replacements kind by Landlord to Tenant, except for the performance of that portion of Landlord’s Work to be performed therein. Any costs associated with alterations or improvements to the Premises which Mezzanine Space shall be Tenant’s responsibility. Landlord may deem necessaryshall have no obligations with respect to the maintenance or repair of the Mezzanine Space, except for the maintenance and repair of its structure. Tenant’s use of the Mezzanine Space shall remain subject to the remaining provisions of this Lease, including those relating to maintenance and repair and payment of utilities. Within thirty (c30) in connection with days after delivery of the any excavation made upon adjacent land portion of Landlord or others, to enter, and to license others to enter, upon the Premises to do Tenant, Tenant may request that Landlord’s architect remeasure the space. If such work as measurement reveals that the person causing such excavation deems necessary to preserve the wall rentable floor area of a portion of the Building from injury or damage and to support the same. Landlord reserves the rightPremises is less than that specified in this Lease, at its own cost and expensethen, to require Tenant, upon one hundred eighty (180) days’ notice, to relocate its Premises elsewhere in the Park after the expiration effective as of the Original Termapplicable Commencement Date, to an area of substantially equivalent the amounts set forth in this Lease for Annual Fixed Rent and any other charges based upon the size and at least of the equivalent quality, Premises shall be revised based upon such measurement and with substantially similar improvements as are in the Premises, as designated by Landlordparties hereto shall promptly execute a supplemental instrument evidencing the revised amounts. If Tenant shall have made any payments to Landlord prior to the measurement, then a prompt adjustment shall exercise such right be made in said payments to relocate Tenant, Landlord reflect the revised amounts. The determination of the measurement shall pay for all Tenant’s reasonable relocation costs, including costs of moving and revalidating Tenant’s manufacturing processbe computed in accordance with the BOMA standards attached as Exhibit C hereto.
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Samples: Aspect Medical Systems Inc
