REMAINING LEASE PROVISIONS. Except as expressly modified in this Addendum, all other provisions of the Lease remain in full force and effect. In the event of a conflict between the terms of this Addendum and the Lease, the terms of this Addendum shall control. DATED as of the day and year first above written. LANDLORD: TENANT: BELLEVUE PLACE OFFICE, LLC SMARTSHEET, INC., a Washington limited liability company a Washington corporation By: XXXXXX DEVELOPMENT By /s/ Xxxx Xxxxx COMPANY, a Washington corporation; Xxxx Xxxxx, CEO Its Manager By: /s/ Xxxxx Xxxxx Xxxxx Xxxxx President STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this 3 day of March, 2016, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared XXXXX X. XXXXX, to me known to be the President of XXXXXX DEVELOPMENT COMPANY, a Washington corporation, as the Manager of BELLEVUE PLACE OFFICE, LLC, a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first written above. /s/ Xxxxx Xxxxxxxx Type Notary Name: Xxxxx Xxxxxxxx Notary Public in and for the State of (SEAL) Washington, residing at Shoreline My commission expires 9∙00∙00 XXXXX XX XXXXXXXXXX ) ) ss: COUNTY OF KING ) On this 9th day of February, 2016, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Xxxx Xxxxx, to me known to be the CEO of XXXXXXXXXX.XXX, INC., a Washington corporation, the corporation named in and which executed the foregoing instrument; and he acknowledged to me that they signed the same as the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, being authorized so to do. WITNESS my hand and official seal the day and year in this certificate above written. /s/ Xxxxxx Xxxxxxxxxxxx Type Notary Name: Xxxxxx Xxxxxxxxxxxx Notary Public in and for the State of (SEAL) Washington, residing at Seattle My commission expires 10/9/16
Appears in 1 contract
REMAINING LEASE PROVISIONS. Except as expressly modified in this Addendum, all other provisions of the Lease remain in full force and effect. In the event of a conflict between the terms of this Addendum and the Lease, the terms of this Addendum shall control. DATED as of the day and year first above written. LANDLORD: TENANT: BELLEVUE PLACE OFFICE, LLC SMARTSHEET, INC., a Washington limited liability company a Washington corporation By: XXXXXX DEVELOPMENT By /s/ Xxxx Xxxxx COMPANY, a Washington corporation; Xxxx Xxxxx, CEO Its Manager By: /s/ Xxxxx Xxxxx Xxxxx Xxxxx President STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this 3 12 day of MarchSeptember, 2016, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared XXXXX X. XXXXX, to me known to be the President of XXXXXX DEVELOPMENT COMPANY, a Washington corporation, as the Manager of BELLEVUE PLACE OFFICE, LLC, a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first written above. /s/ Xxxxx Xxxxxxxx Type Notary Name: Xxxxx Xxxxxxxx Notary Public in and for the State of (SEAL) Washington, residing at Shoreline My commission expires 9∙00∙00 XXXXX XX XXXXXXXXXX ) ) ss: COUNTY OF KING ) On this 9th 6th day of FebruarySeptember, 2016, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Xxxx Xxxxx, to me known to be the CEO of XXXXXXXXXX.XXX, INC., a Washington corporation, the corporation named in and which executed the foregoing instrument; and he they acknowledged to me that they signed the same as the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, being authorized so to do. WITNESS my hand and official seal the day and year in this certificate above written. /s/ Xxxxxx Xxxxxxxxxxxx Xxxxxxxxx Type Notary Name: Xxxxxx Xxxxxxxxxxxx Xxxxxxxxx Notary Public in and for the State of (SEAL) Washington, residing at Seattle King County. My commission expires 10/9/163/12/2017. Exhibit A Bellevue Place - Bank of America Building - Floor 20 BANK OF AMERICA BUILDING OFFICE LEASE BETWEEN BELLEVUE PLACE OFFICE, LLC, a Washington limited liability company (Landlord) AND XXXXXXXXXX.XXX, INC., a Washington corporation (Tenant) SUITE 1300 Table of Contents Page 1 BASIC LEASE DATA, TERMS AND EXHIBITS. 1 2 PREMISES 3 2.1 Generally 3 2.2 Reserved to Landlord 4 2.3 Intentionally Omitted 4 3 LEASE TERM 4 3.1 Generally 4 3.2 Termination 4 3.3 Holding Over 4 3.4 Option to Extend Lease Term 5 3.5 Right of First Opportunity 6 4 COMMENCEMENT AND EXPIRATION DATES; LEASE YEAR 7 4.1 Commencement Date 7 4.2 Expiration Date 7 4.3 Confirmation of Commencement and Expiration 7 4.4 Lease Year 7 5 RENT 7 6 ADDITIONAL RENT 8 6.1 Generally 8 6.2 Definitions 8 6.3 Payment 11 6.4 Nonpayment 12 6.5 Future Development of Bellevue Place 12 6.6 Disputes Relating to Additional Rent 12 7 LATE CHARGES 12 8 SECURITY DEPOSIT 13 9 USES 13 9.1 Permitted Uses 13 9.2 Prohibited Uses 14 9.3 Compliance with Laws, Rules and Regulations 14 9.4 Hazardous Material 14 10 SERVICES AND UTILITIES 15 10.1 Standard Services 15 10.2 Interruption of Services 15 10.3 Additional Services 15 11 IMPROVEMENTS, ALTERATIONS AND ADDITIONS 16 11.1 Premises Improvements 16 11.2 Alterations by Tenant 17 11.3 Disability Laws 18 12 MAINTENANCE OF THE PREMISES 18 12.1 Maintenance and Repair by Tenant 18 12.2 Failure to Maintain 18 12.3 Repair by Landlord 19 12.4 Surrender of Leased Premises 19 13 ACCEPTANCE OF THE LEASED PREMISES 19 15 ACCESS 20 15.1 Right of Entry 20 15.2 Excavation 20 16 DAMAGE OR DESTRUCTION 21 16.1 Insured Loss 21 16.2 Uninsured Loss 21 16.3 No Obligation 21 16.4 Partial Destruction of the Bank of America Building 21 16.5 Business Interruption 22 17 MUTUAL RELEASE AND WAIVER OF SUBROGATION 22 18 INDEMNITY 22 18.1 Generally 22 18.2 Concurrent Negligence of Landlord and Tenant Relating to Construction, Repair and Maintenance Activities 23 18.3 Waiver of Workers’ Compensation Immunity 23 18.4 Provisions Specifically Negotiated 23 19 INSURANCE 23 19.1 Liability Insurance 23 19.2 Property Insurance 24 19.3 Failure to Maintain 24 19.4 Increase in Insurance Premium 24 20 ASSIGNMENT AND SUBLEASING 25 20.1 Assignment or Sublease 25 20.2 Assignee Obligations 26 20.3 Sublessee Obligations 26 20.4 Conditional Consents 26 20.5 Attorneys’ Fees and Costs 26 21 ADVERTISING 26 23 TENANT’S DEFAULT 27 23.1 Default 27 23.2 Remedies in Default 28 23.3 Legal Expenses 28 23.4 Bankruptcy 28 23.5 Remedies Cumulative - Waiver 30
Appears in 1 contract
REMAINING LEASE PROVISIONS. Except as expressly modified in this Addendum, all other provisions of the Lease remain in full force and effect. In the event of a conflict between the terms of this Addendum and the Lease, the terms of this Addendum shall control. DATED as of the day and year first above written. LANDLORD: TENANT: BELLEVUE PLACE OFFICE, LLC LLC, SMARTSHEET, INC., a Washington limited liability company a Washington corporation By: By XXXXXX DEVELOPMENT COMPANY By /s/ Xxxx Xxxxx COMPANY, a Washington corporation; limited liability company, Xxxx Xxxxx, President and CEO Its Manager By: By /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx President STATE OF WASHINGTON 00xx Xxxxx Xxxxx XXXXX XX XXXXXXXXXX ) ) ss: COUNTY OF KING ) On this 3 12 day of MarchSeptember, 2016, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared XXXXX X. XXXXX, to me known to be the President of XXXXXX DEVELOPMENT COMPANY, a Washington corporation, as the Manager of BELLEVUE PLACE OFFICE, LLC, a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first written above. /s/ Xxxxx Xxxxxxxx Type Notary Name: Xxxxx Xxxxxxxx Notary Public in and for the State of (SEAL) Washington, residing at Shoreline My commission expires 9∙00∙00 0-00-00 XXXXX XX XXXXXXXXXX ) ) ss: COUNTY OF KING ) On this 9th 6th day of FebruarySeptember, 2016, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Xxxx XxxxxXXXX XXXXX, to me known to be the President and CEO of XXXXXXXXXX.XXX, INC., a Washington corporation, the corporation named in and which executed the foregoing instrument; and he acknowledged to me that they he signed the same as the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, being authorized so to do. WITNESS my hand and official seal the day and year in this certificate above written. /s/ Xxxxxx Xxxxxxxxxxxx Xxxxxxxxx Type Notary Name: Xxxxxx Xxxxxxxxxxxx Xxxxxxxxx Notary Public in and for the State of (SEAL) Washington, residing at Seattle King County My commission expires 10/9/163/12/2017 13th Floor Lease THIRD LEASE ADDENDUM THIS THIRD LEASE ADDENDUM (this “Addendum”) is made this 21 day of June, 2017, by and between BELLEVUE PLACE OFFICE, LLC, a Washington limited liability company (“Landlord”), and SMARTSHEET, INC., a Washington corporation (formerly known as Xxxxxxxxxx.xxx, Inc.) (“Tenant”).
Appears in 1 contract
REMAINING LEASE PROVISIONS. Except as expressly modified in this Addendum, all other provisions of the Lease remain in full force and effect. In the event of a conflict between the terms of this Addendum and the Lease, the terms of this Addendum shall control. DATED as of the day and year first above written. LANDLORD: TENANT: BELLEVUE PLACE OFFICE, LLC LLC, SMARTSHEET, INC., a Washington limited liability company a Washington corporation By: By XXXXXX DEVELOPMENT COMPANY By /s/ Xxxx Xxxxx COMPANY, a Washington corporation; limited liability company, Its Xxxx Xxxxx, President and CEO Its Manager By: By /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx President STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this 3 17 day of March, 2016, 2016 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared XXXXX X. XXXXX, to me known to be the President of XXXXXX DEVELOPMENT COMPANY, a Washington corporation, as the Manager of BELLEVUE PLACE OFFICE, LLC, a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first written above. /s/ Xxxxx Xxxxxxxx Type Notary Name: Xxxxx Xxxxxxxx Notary Public in and for the State of (SEAL) Washington, residing at Shoreline My commission expires 9∙00∙00 0-00-00 XXXXX XX XXXXXXXXXX ) ) ss: COUNTY OF KING ) On this 9th 15th day of FebruaryMarch, 2016, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Xxxx XxxxxXXXX XXXXX, to me known to be the President and CEO of XXXXXXXXXX.XXX, INC., a Washington corporation, the corporation named in and which executed the foregoing instrument; and he acknowledged to me that they he signed the same as the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, being authorized so to do. WITNESS my hand and official seal the day and year in this certificate above written. /s/ Xxxxxx Xxxxxxxxxxxx Type Notary Name: Xxxxxx Xxxxxxxxxxxx Notary Public in and for the State of (SEAL) Washington, residing at Seattle My commission expires 10/9/1610/9/16 13th Floor Lease SECOND LEASE ADDENDUM THIS SECOND LEASE ADDENDUM (this “Addendum”) is made this 12 day of September, 2016, by and between BELLEVUE PLACE OFFICE, LLC, a Washington limited liability company (“Landlord”), and XXXXXXXXXX.XXX, INC., a Washington corporation (“Tenant”).
Appears in 1 contract
REMAINING LEASE PROVISIONS. Except as expressly modified in this Addendum, all other provisions of the Lease remain in full force and effect. In the event of a conflict between the terms of this Addendum and the Lease, the terms of this Addendum shall control. DATED as of the day and year first above written. LANDLORD: TENANT: BELLEVUE PLACE OFFICE, LLC LLC, SMARTSHEET, INC., a Washington limited liability company a Washington corporation By: By XXXXXX DEVELOPMENT By /s/ Xxxx Xxxxxxxx Xxxxx COMPANY, a Washington corporation; Xxxx , Xxxxxxxx Xxxxx, CEO Chief Financial Officer Its Manager By: By /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx President STATE OF WASHINGTON 00xx Xxxxx Xxxxx XXXXX XX XXXXXXXXXX ) ) ss: COUNTY OF KING ) On this 3 21 day of MarchJune, 20162017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared XXXXX X. XXXXX, to me known to be the President of XXXXXX DEVELOPMENT COMPANY, a Washington corporation, as the Manager of BELLEVUE PLACE OFFICE, LLC, a Washington limited liability company, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first written above. /s/ Xxxxx Xxxxxxxx Type Notary Name: Xxxxx Xxxxxxxx Notary Public in and for the State of (SEAL) Washington, residing at Shoreline My commission expires 9∙00∙00 0-00-00 XXXXX XX XXXXXXXXXX ) ) ss: COUNTY OF KING ) On this 9th 1st day of FebruaryJune, 20162017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Xxxx XxxxxXXXXXXXX XXXXX, to me known to be the CEO Chief Financial Officer of XXXXXXXXXX.XXXSMARTSHEET, INC., a Washington corporation, the corporation named in and which that executed the within and foregoing instrument; , and he acknowledged said instrument to me that they signed the same as be the free and voluntary act and deed of said corporation corporation, for the uses and purposes therein mentioned, being and on oath stated that she was authorized so to doexecute said instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above writtenfirst written above. /s/ Xxxxxx Xxxxxxxxxxxx Xxxxxxxx Type Notary Name: Xxxxxx Xxxxxxxxxxxx Xxxxxxxx Notary Public in and for the State of (SEAL) Washington, residing at Seattle Seattle, WA My commission expires 10/9/1610-9-2020 BANK OF AMERICA BUILDING OFFICE LEASE BETWEEN BELLEVUE PLACE OFFICE, LLC, a Washington limited liability company (Landlord) AND XXXXXXXXXX.XXX, INC. a Washington corporation (Tenant) SUITE 960 CONTENTS 1 BASIC LEASE DATA, TERMS AND EXHIBITS. 1 2 PREMISES. 3 2.1 Generally. 3 2.2 Reserved to Landlord. 4 2.3 Intentionally Omitted. 4 3 LEASE TERM. 4 3.1 Generally. 4 3.2 Termination. 4 3.3 Holding Over. 5 3.4 Option to Extend Lease Term. 5 4 COMMENCEMENT AND EXPIRATION DATES; LEASE YEAR. 6 4.1 Commencement Date. 6 4.2 Expiration Date. 6 4.3 Confirmation of Commencement and Expiration. 7 4.4 Lease Year. 7 5 RENT. 7 6 ADDITIONAL RENT. 7 6.1 Generally. 7 6.2 Definitions. 8 6.3 Payment. 11 6.4 Nonpayment. 12 6.5 Future Development of Bellevue Place. 12 6.6 Disputes Relating to Additional Rent, 12 7 LATE CHARGES. 13 8 SECURITY DEPOSIT. 14 9 USES. 14 9.1 Permitted Uses. 14 9.2 Prohibited Uses. 15 9.3 Compliance with Laws, Rules and Regulations. 15 9.4 Hazardous Material. 15 10 SERVICES AND UTILITIES. 16 10.1 Standard Services. 16 10.2 Interruption of Services. 17 10.3 Additional Services. 17 11 IMPROVEMENTS, ALTERATIONS AND ADDITIONS. 17 11.1 Premises Improvements. 17 11.2 Alterations by Tenant 19 11.3 Disability Laws. 20 12 MAINTENANCE OF THE PREMISES. 20 12.1 Maintenance and Repair by Tenant. 20 12.2 Failure to Maintain. 21 12.3 Repair by Landlord. 21 12.4 Surrender of Leased Premises. 21 13 ACCEPTANCE OF THE LEASED PREMISES. 22
Appears in 1 contract
