Project or Building Name and Signage. (i) Landlord shall have the right at any time to install, affix and maintain any and all signs on the exterior and on the interior of the Project or Building as Landlord may, in Landlord’s sole discretion, desire. Tenant shall not use the name of the Project or Building or use pictures or illustrations of the Project or Building in advertising or other publicity or for any purpose other than as the address of the business to be conducted by Tenant in the Premises, without the prior written consent of Landlord. Additionally, Landlord shall have the exclusive right at all times during the Lease Term to change, modify, add to or otherwise alter the name, number, or designation of the Building and/or the Project, and Landlord shall not be liable for claims or damages of any kind which may be attributed thereto or result therefrom. (ii) Landlord shall provide to Tenant, at Landlord’s sole cost and expense Building standard suite entry and directory board identity signs; provided, however, any subsequent change to said sign shall be at Tenant’s sole cost and expense. In addition to the foregoing, subject to Landlord’s prior reasonable approval, the sign criteria for the Building, all covenants, conditions, and restrictions affecting the Project and all applicable laws, rules, regulations, and local ordinances, and subject to Landlord obtaining all necessary permits and approvals from the City of San Diego, Tenant shall also have the non-exclusive right, at Tenant’s sole cost and expense, to have the name “SOMAXON PHARMACEUTICALS” including, at Tenant’s sole discretion, Tenant’s corporate logo placed on one (1) panel on the existing monument sign in the Common Areas (“Monument Sign”); provided, however, if Tenant does not install the Monument Sign within twelve (12) months of the Commencement Date, such right to install the Monument Sign shall terminate. The location of Tenant’s panel on the Monument Sign will be determined by Landlord. Tenant shall be solely responsible for payment of all costs and expenses arising from Tenant’s panel on the Monument Sign, including, without limitation, all design, fabrication and permitting costs, license fees, installation, maintenance, repair and removal costs. Landlord shall maintain and repair all of Tenant’s signs at Tenant’s expense. Upon the expiration or earlier termination of this Lease, Landlord shall, at Landlord’s sole cost and expense (except as otherwise set forth hereinabove), (i) cause all of Tenant’s signs to be removed from the exterior and interior of the Building and the Common Areas, (ii) repair any damage caused by the removal of Tenant’s signs, and (iii) restore the underlying surfaces to the condition existing prior to the installation of Tenant’s signs. The sign rights granted herein are personal to the original Tenant executing this Lease and may not be assigned, voluntarily or involuntarily, to any person or entity except if Tenant is merged with or acquired by another entity, that entity may be assigned the sign rights. The rights granted to the original Tenant hereunder are not assignable separate and apart from the Lease, nor may any right granted herein be separated from the Lease in any manner, either by reservation or otherwise.
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Project or Building Name and Signage. (i) Landlord shall have the right at any time to install, affix and maintain any and all signs on the exterior and on the interior of the Project or Building as Landlord may, in Landlord’s sole discretion, desire; provided, however, that Landlord may not use Tenant’s name or the name of any of its Affiliates in any promotional materials without first obtaining Tenant’s prior written consent; and further provided, that the parties acknowledge another tenant in the Building has exterior signage placed on the Building, which signage may be modified at such tenant’s election. Landlord agrees that so long as Tenant is not in default hereunder and Tenant is in occupancy of not less than 120,000 square feet of rentable area in the Building, Tenant shall also have exterior signage rights commensurate with Tenant’s percentage of occupancy of the Building, and Tenant shall be permitted to affix exterior signage at Tenant’s sole cost and expense and upon Landlord’s consent with regard to the size, design, materials and location of such signage. In the event that Landlord desires to no longer identify the Building by its address (i.e., “0000 Xxxxxxxxxxxx Xxxxxx”), Landlord shall be required to obtain Tenant’s written approval prior to implementing such modification of the Building name. In furtherance thereof, Landlord shall send written notification to Tenant of such modification to the Building name, and Tenant shall have the right to deny approval of such alternative name within ten (10) business days of Tenant’s receipt thereof by providing written notice of Tenant’s denial to Landlord. In the event that Tenant does not timely respond to Landlord’s notification, the Building name modification shall be deemed approved by Tenant. The parties acknowledge and agree that the provision of exterior tenant signage on the Building shall not constitute a modification of the Building name. Tenant shall not use the name of the Project or Building or use pictures or illustrations of the Project or Building in advertising or other publicity or for any purpose other than as the address of the business to be conducted by Tenant in the Premises, without the prior written consent of Landlord. Additionally, Landlord shall have the exclusive right at all times during the Lease Term to change, modify, add to or otherwise alter the name, number, or designation of the Building and/or the Project, and Landlord shall not be liable for claims or damages of any kind which may be attributed thereto or result therefrom, except for reimbursing Tenant for its out of pocket costs incurred in connection with having to order new stationary, business cards and update its website in order to reflect the new information.
(ii) Landlord shall provide to Tenant, at Landlord’s sole cost and expense Building standard suite entry and directory board identity signs; provided, however, any subsequent change to said sign shall be at Tenant’s sole cost and expense. In addition to the foregoing, subject to Landlord’s prior reasonable approval, the sign criteria for the Building, all covenants, conditions, and restrictions affecting the Project and all applicable laws, rules, regulations, and local ordinances, and subject to Landlord obtaining all necessary permits and approvals from the City of San Diego, Tenant shall also have the non-exclusive right, at Tenant’s sole cost and expense, to have the name “SOMAXON PHARMACEUTICALS” including, at Tenant’s sole discretion, Tenant’s corporate logo placed on one (1) panel on the existing monument sign in the Common Areas (“Monument Sign”); provided, however, if Tenant does not install the Monument Sign within twelve (12) months of the Commencement Date, such right to install the Monument Sign shall terminate. The location of Tenant’s panel on the Monument Sign will be determined by Landlord. Tenant shall be solely responsible for payment of all costs and expenses arising from Tenant’s panel on the Monument Sign, including, without limitation, all design, fabrication and permitting costs, license fees, installation, maintenance, repair and removal costs. Landlord shall maintain and repair all of Tenant’s signs at Tenant’s expense. Upon the expiration or earlier termination of this Lease, Landlord shall, at Landlord’s sole cost and expense (except as otherwise set forth hereinabove), (i) cause all of Tenant’s signs to be removed from the exterior and interior of the Building and the Common Areas, (ii) repair any damage caused by the removal of Tenant’s signs, and (iii) restore the underlying surfaces to the condition existing prior to the installation of Tenant’s signs. The sign rights granted herein are personal to the original Tenant executing this Lease and may not be assigned, voluntarily or involuntarily, to any person or entity except if Tenant is merged with or acquired by another entity, that entity may be assigned the sign rights. The rights granted to the original Tenant hereunder are not assignable separate and apart from the Lease, nor may any right granted herein be separated from the Lease in any manner, either by reservation or otherwise.
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Samples: Office Lease (Carlyle Group L.P.)
Project or Building Name and Signage. (i) Landlord shall have the right at any time to change the name of the Project or Building and to install, affix and maintain any and all signs on the exterior and on the interior of the Project or Building as Landlord may, in Landlord’s sole discretion, desire. Tenant shall not use the name of the Project or Building or use pictures or illustrations of the Project or Building in advertising or other publicity or for any purpose other than as the address of the business to be conducted by Tenant in the Premises, without the prior written consent of Landlord. Additionally, Landlord shall have the exclusive right at all times during the Lease Term to change, modify, add to or otherwise alter the name, number, or designation of the Building and/or the Project, and which consent Landlord shall not unreasonably withhold. Landlord shall be liable for claims deemed to have granted Landlord’s written consent that Tenant may use the name of the Project or damages Building or use pictures or illustrations of any kind which may be attributed thereto the Project or result therefromBuilding in Tenant’s annual report and in tenant’s recruiting materials.
(ii) Landlord shall provide Subject to Tenantthis Paragraph 19(z), at Landlord’s sole cost and expense Building standard suite entry and directory board identity signs; provided, however, any subsequent change to said sign shall be at Tenant’s sole cost and expense. In addition to the foregoing, subject to Landlord’s prior reasonable approval, the sign criteria for the Building, all covenants, conditions, and restrictions affecting the Project and all applicable laws, rules, regulations, and local ordinances, and subject to Landlord Tenant obtaining all necessary permits and approvals from the City of San Diego, California, Tenant shall also be granted the following signage rights:
(A) Landlord shall provide Tenant with (i) one (1) identity strip on the Building’s directory signage, and (ii) one (1) Building standard suite identification sign adjacent to the Premises (collectively, “Identity Signage”). The cost to initially construct and install Tenant’s Identity Signage shall be at Landlord’s sole cost and expense. All other costs in connection with Tenant’s Identity Signage, including the cost to make any subsequent changes thereto, shall be at Tenant’s sole cost and expense.
(B) Provided and for so long as Tenant occupies a minimum of the entire initial Premises (consisting of 32,503 square feet of Rentable Area), Tenant shall have the non-exclusive rightright to have the name “Encore Capital Group” placed in one (1) location at the top level of the Building on the I-8 Eastfacing side of the Building top as depicted in Exhibit G attached hereto (“Tenant’s East Building Sign”). If Tenant desires, Tenant’s East Building Sign may be illuminated at Tenant’s sole cost and expense, including all costs of electricity reasonably allocable to illumination of such sign. In addition, if (i) Tenant expands the Premises by leasing a minimum of an additional 32,503 square feet of Rentable Area in the Building within the first twenty four (24) months following the Commencement Date, and (ii) so long as Tenant occupies such minimum additional 32,503 square feet of Rentable Area in the Building, and (iii) such signage has not been previously granted by Landlord to another tenant of the Building, Landlord agrees that Tenant shall have the exclusive right to have the name “SOMAXON PHARMACEUTICALSEncore Capital Group” includingplaced in one (1) additional location at the top level of the Building on the west-facing side of the Building top as depicted in Exhibit G attached hereto (“Tenant’s West Building Sign”). If Tenant desires, Tenant’s West Building Sign may be illuminated at Tenant’s sole discretioncost and expense, including all costs of electricity reasonably allocable to illumination of such sign. In addition to such Building top signage, whether or not Tenant is still qualified to maintain Tenant’s corporate logo East Building Sign and/or Tenant’s West Building Sign, provided and so long as Tenant occupies at least 16,000 square feet of Rentable Area in the Building, Tenant shall have the nonexclusive right, subject to availability, and upon at least thirty (30) days’ prior written notice to Landlord, to have the name “Encore Capital Group” placed on one (1) a panel on the existing street-front monument sign in at the Common Areas east driveway (“Monument Sign”); provided, however, if Tenant does not install the Monument Sign within twelve (12) months of the Commencement Date, such right to install the Monument Sign shall terminateCommon Area. The location of Tenant’s panel on the Monument Sign will be determined by Landlord. Tenant shall be solely responsible for payment of all costs and expenses arising from any Building Signs and Tenant’s panel on the Monument Sign, including, without limitation, all design, fabrication and permitting costs, license fees, installation, maintenance, repair repair, removal and removal costsrestoration costs (including restoration of the façade to original condition, ordinary wear and tear excepted), and electricity (if illumination is permitted). If, at any time Tenant fails to maintain the minimum square footage requirements for Tenant’s East Building Sign, Tenant’s West Building Sign (if any), and/or the Monument Sign (i.e., 32,503 square feet of Rentable Area for Tenant’s East Building Sign, 65,006 square feet of Rentable Area for Tenant’s West Building Sign (if any), and 16,000 square feet of Rentable Area for the Monument Sign), then Landlord shall have the right to cancel Tenant’s rights relative to such signage, respectively, upon written notice to Tenant, whereupon Tenant shall be required to remove Tenant’s East Building Sign, Tenant’s West Building Sign (if any), and/or the Monument Sign, as applicable. If Tenant fails to exercise its sign rights hereunder within the first six (6) months after the Commencement Date of this Lease by installing Tenant’s East Building Sign and/or Monument Sign, or within the first six (6) months after the commencement of Tenant’s term for any expansion space giving rise to Tenant’s West Building Sign rights, then Tenant shall be deemed to have waived Tenant’s East Building Sign rights, Tenant’s West Building Sign rights, and/or Tenant’s Monument Sign rights, as applicable.
(C) Landlord shall maintain and repair all of Tenant’s signs at Tenant’s expense. Upon the expiration or earlier termination of this Lease, Landlord shall, at LandlordTenant’s sole cost and expense (except as otherwise set forth hereinabove), (i) cause all of Tenant’s signs to be removed from the exterior and interior of the Building and the Common Areas, (ii) repair any damage caused by the removal of Tenant’s signs, and (iii) restore the underlying surfaces to the condition existing prior to the installation of Tenant’s signs. signs and Tenant shall reimburse Landlord for all such costs within thirty (30) days of written demand from Landlord.
(D) The sign rights granted herein are personal to the original Tenant executing this Lease and may not be assigned, voluntarily or involuntarily, to any person or entity except if Tenant is merged with or acquired by another entity, that entity may be assigned the sign rights. The rights granted to the original Tenant hereunder are not assignable separate and apart from the Lease, nor may any right granted herein be separated from the Lease in any manner, either by reservation or otherwise.
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Project or Building Name and Signage. (i) Landlord shall have the right at any time to install, affix and maintain any and all signs on the exterior and on the interior of the Project or Building as Landlord may, in Landlord’s sole discretion, desire. Tenant shall not use the name of the Project or Building or use pictures or illustrations of the Project or Building in advertising or other publicity or for any purpose other than as the address of the business to be conducted by Tenant in the Premises, without the prior written consent of Landlord. Additionally, Landlord shall have the exclusive right at all times during the Lease Term to change, modify, add to or otherwise alter the name, number, or designation of the Building and/or the Project, and Landlord shall not be liable for claims or damages of any kind which may be attributed thereto or result therefrom. In such event, Landlord shall, within fifteen (15) days of receipt of Tenant’s request, including proper backup, reimburse Tenant for all reasonable expenses incurred by Tenant as a result of any such change in the name, title or address of the Project and/or the Building up to a maximum amount of $2,500.00, including without limitation costs of reprinting stationery, brochures, forms, cards and other printed material bearing Tenant’s address at the Premises if such address changes (but only the quantity existing immediately prior to the change) and all other out-of-pocket costs incurred by Tenant in connection with such change, including reasonable design costs.
(ii) Landlord shall provide to TenantProvided that (x) Tenant is the Tenant originally named herein, (y) Tenant is leasing and actually occupies at Landlord’s sole cost and expense Building standard suite entry and directory board identity signs; provided, however, any subsequent change to said sign shall be at Tenant’s sole cost and expense. In addition to the foregoing, subject to Landlord’s prior reasonable approval, the sign criteria for least 16,000 square feet of Rentable Area in the Building, all covenantsand (z) no event of default has occurred and is continuing, conditions, and restrictions affecting the Project and all applicable laws, rules, regulations, and local ordinances, and subject to Landlord obtaining all necessary permits and approvals from the City of San Diego, Tenant shall also have the non-exclusive rightTenant, at Tenant’s sole cost and expense, to shall have the name “SOMAXON PHARMACEUTICALS” including, at Tenant’s sole discretion, Tenant’s corporate logo placed on right to install and maintain one (1) panel building standard listing reflecting Tenant’s name on both sides of the Building’s existing monument sign sign, in the Common Areas a location designated by Landlord (“Monument SignTenant’s Sign Listing”); provided. Tenant shall be responsible for all costs associated with Tenant’s Sign Listing. Notwithstanding the foregoing, however, if Tenant does not install the Monument Tenant’s Sign within twelve Listing (12) months of the Commencement Date, such and Tenant’s right to install and maintain the Monument Sign same) shall terminate. The location of Tenant’s panel on be subject to and in compliance with all Laws, applicable conditions, zoning codes and regulations, and covenants and restrictions affecting the Monument Sign will be determined by LandlordBuilding. Tenant shall be solely responsible for payment the cost and expense of obtaining and maintaining any necessary permits for Tenant’s Sign Listing and any sign licenses related thereto, and for the cost and expense of maintenance and utilities for Tenant’s Sign Listing (including all metered electrical usage, if any). Additionally, Tenant shall, in a first class manner, maintain and repair any damage to Tenant’s Sign Listing. Notwithstanding anything in this paragraph to the contrary, the style, type, color, size, and design of Tenant’s Sign Listing shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration or earlier termination of the Lease, Tenant shall pay all costs and expenses arising from associated with the removal of Tenant’s panel on Sign Listing. All rights and remedies of Landlord under the Monument Sign, Lease (including, without limitation, all designLandlord’s self-help remedies) shall apply in the event Tenant fails to perform Tenant’s obligations hereunder with respect to Tenant’s Sign Listing, fabrication and permitting costsand, license fees, installation, maintenance, repair and removal costs. in the event Landlord shall maintain and repair all performs any of Tenant’s signs obligations hereunder, Tenant shall pay to Landlord, upon demand as additional rental hereunder, the cost incurred by Landlord in connection therewith, plus an additional charge of five percent (5%) of such cost to cover overhead. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against any and all claims, damages, liabilities, costs or expenses of every kind and nature (including without limitation reasonable attorney’s fees) imposed upon or incurred by or asserted against Landlord and which arise out of any work performed by or on behalf of Tenant in connection with Tenant’s Sign Listing. The terms and provisions of this paragraph shall survive the expiration or earlier termination of this Lease.
(iii) Provided that (x) Tenant is the Tenant originally named herein, (y) Tenant is leasing and actually occupies at least 16,000 square feet of Rentable Area in the Building, and (z) no event of default has occurred and is continuing, Tenant, at Tenant’s sole cost and expense, shall have the right to install one (1) building sign on the exterior of the Building, of a size and in a location reasonably acceptable to Landlord (“Tenant’s Building Sign”). Notwithstanding the foregoing sentence, Tenant’s Building Sign shall be subject to and in compliance with all Laws, applicable conditions, covenants and restrictions affecting the Building. Tenant shall be solely responsible for the cost and expense of obtaining and maintaining any necessary permits for Tenant’s Building Sign and any sign licenses related thereto, and for the cost and expense of maintenance and utilities for Tenant’s Building Sign (including all metered electrical usage, if any). Additionally, Tenant shall maintain Tenant’s Building Sign in a first class manner. Tenant’s Building Sign shall be installed and maintained in accordance with all applicable Laws, codes, ordinances, covenants, conditions and restrictions relating to the Building, as well as all applicable covenants, restrictions or deed restrictions affecting the Project. The style, type, color, size, and design of Tenant’s Sign and the means and method of attachment of Tenant’s Building Sign to the Building shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. All rights and remedies of Landlord under the Lease (including, without limitation, Landlord’s self-help remedies) shall apply in the event Tenant fails to install and/or maintain Tenant’s Building Sign as herein required. Upon the expiration or earlier termination of this Lease, Landlord shall, at Landlord’s sole cost and expense (except as otherwise set forth hereinabove), (i) cause Tenant shall pay all of Tenant’s signs to be removed from the exterior and interior of the Building and the Common Areas, (ii) repair any damage caused by costs associated with the removal of Tenant’s signs, Building Sign and (iii) restore the underlying surfaces to restoration of the condition existing prior to exterior of the installation of Building where Tenant’s signsBuilding Sign is located to as near its original condition as may then be reasonably required by Landlord. The sign rights granted herein are personal to installation and maintenance of the original Tenant executing this Lease Tenant’s Building Sign shall be in compliance with all applicable rules and may not be assigned, voluntarily restrictions or involuntarily, to any person or entity except if Tenant is merged with or acquired by another entity, that entity may be assigned restrictive covenants and/or deed restrictions affecting the sign rightsProject. The rights granted to terms and provisions of this paragraph shall survive the original Tenant hereunder are not assignable separate and apart from the expiration or earlier termination of this Lease, nor may any right granted herein be separated from the Lease in any manner, either by reservation or otherwise.
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