SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company a Delaware corporation By: /s/ Sxxxxx X. Case By: /s/ Rxxxxxxxx Xxxxxxx Sxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO Office Properties By: /s/ Cxxxxxxxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEO (a) Commencing 12 months following the Commencement Date, Tenant shall pay Landlord, as additional rent, for Tenant’s Share of the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to time, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expenses.”
Appears in 5 contracts
Samples: Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.)
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLCWW&LJ GATEWAYS, CONVERSIONPOINT TECHNOLOGIES LTD., LIPOTHERA, INC., a California limited partnership a Delaware corporation By California Diversified LLC, a Delaware limited liability company a Delaware corporation By: company, General Partner By /s/ Sxxxxx Xxxxxx X. Case By: By /s/ Rxxxxxxxx Xxxxxxx Sxxxxx Xxxx Xxxxx Xxxxxx X. Case Senior Vice President, Leasing Printed Name: Rxxxxxxxx Name Xxxx Xxxxx Title President By /s/ Xxxxxxx Executive Vice President Title: CFO Office Properties By: X. Xxxxxxx By /s/ Cxxxxxxxxxx Xxxxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional Xxxxxxx Xxxxxxx X. Xxxxxxx Vice President, Operations Printed Name: Rxxxxx Name Xxxxxxx Office Properties Title: CEOX. Xxxxxxx Title Secretary The following standards for utilities and services shall be in effect at the Building. Landlord reserves the right to adopt nondiscriminatory modifications and additions to these standards. In the case of any conflict between these standards and the Lease, the Lease shall be controlling. Subject to all of the provisions of the Lease, including but not limited to the restrictions contained in Section 6.1, the following shall apply:
1. Landlord shall make available to the Premises during the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, and upon notice, from 9:00 a.m. to 1:00 p.m. on Saturday (a“Building Hours”), generally recognized national holidays excepted, reasonable HVAC services. Subject to the provisions set forth below, Landlord shall also furnish the Building with elevator service (if applicable), reasonable amounts of electric current for normal lighting by Landlord’s standard overhead fluorescent and incandescent fixtures and for the operation of office equipment consistent in type and quantity with that utilized by typical office tenants of the Building and Project, and water for lavatory purposes. Tenant will not, without the prior written consent of Landlord, connect any apparatus, machine or device with water pipes or electric current (except through existing electrical outlets in the Premises) Commencing 12 months following for the Commencement Datepurpose of using electric current or water. Because the Building systems have been designed for normal occupancy of approximately four persons per one thousand usable square feet, Tenant shall pay Landlord, as additional rent, for Tenant’s Share understands that excess occupancy of the amountPremises may result in excessive use of power and other services and may inhibit the efficient cooling of the Premises. This paragraph shall at all times be subject to applicable governmental regulations.
2. Upon written request from Tenant delivered to Landlord at least 24 hours prior to the period for which service is requested, if anybut during normal business hours, by which “Project Costs” (defined below) Landlord will provide any of the foregoing building services to Tenant at such times when such services are not otherwise available. Tenant agrees to pay Landlord for each Expense Recovery Period during the Term exceed Project Costs those after-hour services at rates that Landlord may establish from time to time. The after hours HVAC charge for the Project Cost Base and Building as of the amount, if any, by which “Property Taxes” date of this Lease is Sixty Dollars (defined below$60.00) for each Expense Recovery Period during the Term exceed Property Taxes per hour for the Property Tax Baseinitial Term of the Lease only. Property Taxes and Project Costs are mutually exclusive and may Thereafter such charges shall be billed separately or in combination as determined by at Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, rates as determined from time to time. If Tenant requires electric current in excess of that which Landlord is obligated to furnish under this Exhibit B, Tenant shall first obtain the consent of Landlord, and Landlord may cause an electric current meter to be installed in the Premises to measure the amount of electric current consumed. The cost of installation, maintenance and repair of the meter shall be paid for by Tenant, and Tenant shall reimburse Landlord promptly upon demand for all electric current consumed for any special power use as shown by the meter. The reimbursement shall be at the rates charged for electrical power by the local public utility furnishing the current, plus any additional expense incurred in keeping account of the electric current consumed.
3. Landlord shall furnish water for drinking, personal hygiene and lavatory purposes only. If Tenant requires or uses water for any purposes in addition to ordinary drinking, cleaning and lavatory purposes, Landlord may, in its discretion, install a water meter to measure Tenant’s water consumption. Tenant shall pay Landlord for the cost of the meter and the cost of its installation, and for consumption throughout the duration of Tenant’s occupancy. Tenant shall keep the meter and installed equipment in good working order and repair at Tenant’s own cost and expense, in default of which Landlord may cause the meter to be replaced or repaired at Tenant’s expense. Tenant agrees to pay for water consumed, as shown on the meter and when bills are rendered, and on Tenant’s default in making that payment Landlord may pay the charges on behalf of Tenant. Any costs or expenses or payments made by Landlord for any of the reasons or purposes stated above shall be deemed to be additional rent payable by Tenant to Landlord upon demand.
4. In the event that any utility service to the Premises is separately metered or billed to Tenant, Tenant shall pay all charges for that utility service to the Premises and the cost of furnishing the utility to tenant suites shall be excluded from the Operating Expenses as to which reimbursement from Tenant is required in the Lease. If any utility charges are not paid when due Landlord may pay them, and any amounts paid by Landlord shall immediately become due to Landlord from Tenant as additional rent. If Landlord elects to furnish any utility service to the Premises, Tenant shall purchase its requirements of that utility from Landlord as long as the rates charged by Landlord do not exceed those which Tenant would be required to pay if the utility service were furnished it directly by a public utility.
5. Landlord shall provide janitorial services five days per week, equivalent to that furnished in comparable buildings, and window washing as reasonably required; provided, however, that Tenant shall pay for any additional or unusual janitorial services required by reason of any nonstandard improvements in the Premises, including without limitation wall coverings and floor coverings installed by or for Tenant, or by reason of any use of Premises other than exclusively as offices. The cleaning services provided by Landlord shall also exclude refrigerators, eating utensils (plates, drinking containers and silverware), and interior glass partitions. Tenant shall pay to Landlord the cost of removal of any of Tenant’s refuse and rubbish, to the extent that they exceed the refuse and rubbish usually attendant with general office usage.
6. Tenant shall have access to the Building 24 hours per day, 7 days per week, 52 weeks per year; provided that Landlord may install access control systems as it deems advisable for the Building. Such systems may, but need not, include full or part-time lobby supervision, the use of a sign-in sign-out log, a card identification access system, building parking and access pass system, closing hours procedures, access control stations, fire stairwell exit door alarm system, electronic guard system, mobile paging system, elevator control system or any other access controls. In the event that Landlord elects to provide any or all of those services, Landlord may discontinue providing them at any time with or without notice. Landlord may impose a reasonable charge for access control cards and/or keys issued to Tenant. Landlord shall have no liability to Tenant for the provision by Landlord of improper access control services, for any breakdown in service, or for the failure by Landlord to provide access control services. Tenant further acknowledges that Landlord’s access systems may be temporarily inoperative during building emergency and system repair periods. Tenant agrees to assume responsibility for compliance by its employees with any regulations established by Landlord with respect to any card key access or any other system of building access as Landlord may establish. Tenant shall be liable to Landlord for any loss or damage resulting from its or its employees use of any access system.
7. The costs of operating, maintaining and repairing any supplemental air conditioning unit serving only the Premises shall be borne solely by Tenant. Such costs shall include all metered electrical charges as described above in this Exhibit, together with the cost, as reasonably estimated by Landlord, to supply cooling water or other means of (i) heat dissipation for the Floor Area unit. Should Tenant desire to install such a unit, the plans and specifications must be submitted in advance to Landlord and approved in writing by Landlord. Such installation shall be at Tenant’s sole expense and shall include installation of a separate meter for the operation of the Building as defined in Item 8 of the Basic unit. Landlord may require Tenant to remove at Lease Provisions, expiration any such unit installed by or for expenses determined by Landlord Tenant and to benefit or relate substantially repair any resulting damage to the Building rather than the entire Project, Premises or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to time, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating ExpensesBuilding.”
Appears in 2 contracts
Samples: Office Space Lease (Neothetics, Inc.), Office Space Lease (Neothetics, Inc.)
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. LANDLORD: THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company TENANT: PATIENT SAFETY TECHNOLOGIES, INC, a Delaware corporation By: By /s/ Sxxxxx Xxxxxx X. Case By: By /s/ Rxxxxxxxx Xxxxx X. Xxxxxxx Sxxxxx Xxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO Office Properties By: Printed Name Xxxxx X. Xxxxxxx Title President & CEO By /s/ Cxxxxxxxxxx Xxxxxxxxxxx X Xxxxx By Xxxxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional Xxxxxxx Senior Vice President, Property Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Printed Name Title: CEO
(a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s 's Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “The term "Tenant’s 's Share” shall mean " means that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease ProvisionsBuilding, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or and (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant's Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.”
Appears in 1 contract
SDN LIST. Tenant hereby represents and warrants that that, to the best of its knowledge as of the date of this Lease, neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES BOOT BARN, INC., a Delaware limited liability company a Delaware corporation By: By /s/ Sxxxxx Xxxxxxx X. Xxxxx By /s/ Xxxxx Xxxxx Xxxxxxx X. Xxxxx, Xxxxx Xxxxx, President, Office Properties Chairman of the Board By /s/ Xxxxxx X. Case By: By /s/ Rxxxxxxxx Xxxxxxx Sxxxxx Xxxxx Xxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Xxxxx, Executive Vice President Title: CFO Office Properties By: /s/ Cxxxxxxxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEOChief Executive Officer
(a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means 100% of the Operating Expenses reasonably determined by Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as reasonably determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses reasonably determined by Landlord to benefit or relate substantially to all or some of .of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes In the event that Landlord determines that the Premises or additions the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Building Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.”
Appears in 1 contract
Samples: Lease (Boot Barn Holdings, Inc.)
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC.XXXXXXX-XXX.XXX, a Delaware limited liability company a Delaware California corporation By: By /s/ Sxxxxx Xxx Xxxxx By /s/ Xxxxxxx X. Case By: Xxxxxxxxx Xxx Xxxxx President Printed Name Xxxxxxx X. Xxxxxxxxx Title CFO By /s/ Rxxxxxxxx Xxxxxxx Sxxxxx X. Case Xxxxx By /s/ Xxxx X. Xxxxx Xxxxxxx X. Xxxxx President Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO Name Xxxx X. Xxxxx Office Properties By: /s/ Cxxxxxxxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEOTitle VP of Finance
(a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by LandlordThe initial estimate of Operating Expenses is $0.4517 a square foot. The term “Tenant’s Share” shall mean means that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease ProvisionsBuilding, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or and (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.”
Appears in 1 contract
Samples: Lease (SERVICE-NOW.COM)
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. LANDLORD: THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., ,a Delaware limited liability company By /S/ Xxx Xxxxx Xxx Xxxxx, President Investment Properties Group By /S/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Division President Office Properties TENANT: CEPHEID,a Delaware California corporation By: /s/ Sxxxxx X. Case By: /s/ Rxxxxxxxx Xxxxxxx Sxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx By /S/ Xxxxxx KocmondPrinted Name Xxxxxx KocmondTitle Executive Vice President Title: CFO Office Properties By: /s/ Cxxxxxxxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional & COO By /S/ Xxxx MurrayPrinted Name Xxxx Xxxxxx Title Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEOIP - Oncology IOPLEGAL-4-47 - 242884 - 0.1 4th FLOOR IOPLEGAL-4-47 - 242884 - 0.1 XXXXXXXX-0-00 - 000000 - 0.1 XXXXXXXX-0-00 - 000000 - 0.1
(a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s 's Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “The term "Tenant’s 's Share” shall mean " means that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease ProvisionsBuilding, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or and (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant's Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.”
Appears in 1 contract
Samples: Lease Agreement (Cepheid)
SDN LIST. Landlord and Tenant hereby represents represent and warrants warrant that neither Landlord or Tenant nor or any officerof its respective officers, directordirectors, employeepartners, partner, member members or other principal principals of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National national and Blocked Person ("“SDN"”) on the list of such persons and entities entitles issued by the U.S. Treasury Office of Foreign Assets Control (“OFAC”). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon 30 days following written notice to Tenant. THE IRVINE COMPANY LLCLLC LANTRONIX, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company a Delaware corporation By: /s/ Sxxxxx Xxxxxxx X. Case By: /s/ Rxxxxxxxx Xxxxxx Xxxxxxxx Xxxxxxx Sxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO Xxxxxx Xxxxxxxx EVP Office Properties Chief Financial Officer By: /s/ Cxxxxxxxxxx X. Xxxxx Xxxxxxx By: /s/ Rxxxxx Tallacok Regional Xxxx Xxxxx Xxxxx Xxxxxxx Xxxx Xxxxx Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEO
(a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s 's Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “The term "Tenant’s 's Share” shall mean " means that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease ProvisionsBuilding, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or and (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant's Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.”
Appears in 1 contract
Samples: Lease Agreement (Lantronix Inc)
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLCLANDLORD: Z3 INVESTMENT LLC a California limited liability company By: /s/ Lxxx Xx Lxxx Xx, CONVERSIONPOINT TECHNOLOGIES GM TENANT: THERMOGENESIS HOLDING INC., a Delaware limited liability company a Delaware corporation By: /s/ Sxxxxx X. Case ByJxxx Xxxxxx Jxxx Xxxxxx, CFO ThermoGenesis Holdings Inc. Lease BUILDING ADDRESS: /s/ Rxxxxxxxx Xxxxxxx Sxxxxx X. Case Printed Name2000 XXXXXXX XXXX, RANCHO CORDOVA, CA 95742 FLOOR PLAN AND TOTAL RENTABLE SPACE: Rxxxxxxxx Xxxxxxx Executive Vice President Title35,475 SQUARE FOOT ThermoGenesis Holdings Inc. Lease The purpose of this form is to obtain information regarding the use of hazardous substances on the Premises. When completed, the form should be sent to the following address: CFO Office Properties By: /s/ Cxxxxxxxxxx X. Z3 INVESTMENT LLC c/o HEALTHBANKS BIOTECH USA INC. 100 Xxxxxxxxxx Xxxxx, Xxxxx By: /s/ Rxxxxx Tallacok Regional Vice President000, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEO
(a) Commencing 12 months following Xxxxxx, XX 00000 ThermoGenesis Holdings Inc. Lease ThermoGenesis Holdings Inc. Lease ThermoGenesis Holdings Inc. Lease ThermoGenesis Holdings Inc. Lease ThermoGenesis Holdings Inc. Lease EXHIBIT C. LANDLORD’S DISCLOSURE The capitalized terms used and not otherwise defined in this Exhibit shall have the Commencement Date, Tenant same definitions as set forth in the Lease. The provisions of this Exhibit shall pay Landlord, as additional rent, for Tenant’s Share supersede any inconsistent or conflicting provisions of the amountLease. Currently, if any, there are no special disclosure by which “Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to time, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expenses.”ThermoGenesis Holdings Inc. Lease
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SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member director or other principal employee of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY SILICON VALLEY CENTER OFFICE LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company CAMBIUM NETWORKS, INC., a Delaware corporation By: By /s/ Sxxxxx Xxxxxx X. Case By: /s/ Rxxxxxxxx Xxxxxxx Sxxxxx Xxxxxx X. Case EVP Office Properties By /s/ Xxxx Xxxxxx Printed Name: Rxxxxxxxx Xxxxxxx Executive Name Xxxx Xxxxxx Title CFO By /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice President Title: CFO Office Properties By: By /s/ Cxxxxxxxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional Vice President, Operations Rav Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEOName Xxxxx Rav Title General Counsel
(a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rentrent without deduction or offset, for Tenant’s Share of the amount, if any, by which Tenant’s Share of Project Costs exceeds Tenant’s Share of the “Project CostsCost Base” (defined belowset forth in Item 7 of the Basic Lease Provisions) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and also the amount, if any, by which Tenant’s Share of Property Taxes exceeds Tenant’s Share of the “Property TaxesTax Base” (defined belowset forth in Item 7 of the Basic Lease Provisions) for each applicable Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Baseof this Lease. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease ProvisionsBuilding, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or and (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes In the event that Landlord determines that the Premises or additions the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Building and/or Project from time to time, in which event Premises or the total rentable square footage within the Building and/or Project may be adjustedBuilding. For convenience purpose of reference, Property Taxes and determining Project Costs may sometimes be collectively referred to for the Project Cost Base, Project Costs shall not include any one time special charges, costs or fees or any extraordinary charges or costs incurred in the Base Year only, including, without limitation, utility rate increases and other costs arising from extraordinary market circumstances such as “Operating Expensesby way of example, boycotts, black-outs, xxxxx-outs, the leasing of auxiliary power supply equipment, embargoes, strikes or other shortages of services or fuel, or any conservation surcharges, penalties or fines incurred by Landlord.”
Appears in 1 contract
Samples: Lease (Cambium Networks Corp)
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LANDLORD: JAMBOREE CENTER 4 LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company By: /s/ Xxxxxx X. Case Xxxxxx X. Case Executive Vice President Office Properties By: /s/ Xxxxxxxxxxx X. Xxxxx Xxxxxxxxxxx X. Xxxxx Regional Vice President, Operations Office Properties TENANT: ACACIA RESEARCH CORPORATION, a Delaware corporation By: /s/ Sxxxxx Xxxx X. Case Xxxxx Printed Name: Xxxx X. Xxxxx Title: Vice President & Chief IP Officer By: /s/ Rxxxxxxxx Xxxxxxx Sxxxxx X. Case Xxxxxxxx Xxxxx Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Xxxxxxxx Xxxxx Title: CFO Office Properties By: /s/ Cxxxxxxxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEOCorporate Secretary
(a) Commencing 12 months following the Commencement Date, Tenant shall pay Landlord, as additional rent, for Tenant’s Share of the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to time, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expenses.”
Appears in 1 contract
Samples: Lease (Acacia Research Corp)
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. LANDLORD: THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., LLC a Delaware limited liability company TENANT: MXXXX INSTRUMENTS CORP., a Delaware corporation By: /s/ Sxxxxx X. Case /s/E. Vxxxxxx Xxxxxxx By: /s/ Rxxxxxxxx /s/Pxxx X. Xxxx E. Vxxxxxx Xxxxxxx Sxxxxx Pxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Executive Xxxx President, Office Properties Senior Vice President Title: CFO Office Properties — Finance Chief Financial Officer By: /s/ /s/Cxxxxxxxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional /s/Sxxxxx X. Xxxxxxx Cxxxxxxxxxx X. Xxxxx Sxxxxx X. Xxxxxxx Vice PresidentPresident Operations, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEOPresident & Chief Executive Officer
(a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means 100% of the Operating Expenses determined by Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project, provided the same results in an overall fair, representative allocation of Operating Expenses. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.”
Appears in 1 contract
Samples: Lease (Meade Instruments Corp)
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES SYNOVIS LIFE TECHNOLOGIES, INC., a Delaware limited liability company a Delaware Minnesota corporation By: By /s/ Sxxxxx Xxxxxx X. Case By: By /s/ Rxxxxxxxx Xxxxxxx Sxxxxx X. Xxxxx Xxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO Office Properties By: /s/ Cxxxxxxxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional Senior Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Leasing, Office Properties Title: CEOPrinted Name Xxxxxxx X. Xxxxx Title President / CEO By /s/ Xxxxx X. Xxxxxxxx By /s/ Xxxxx Xxxxxxxx Xxxxx X. Xxxxxxxx Vice President, Operations, Office Properties Printed Name Xxxxx Xxxxxxxx Title Vice President of Finance and CFO
(a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as reasonably determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease ProvisionsBuilding, for expenses reasonably determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or and (ii) all or some of the buildings in the Project, for expenses reasonably determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord reasonably determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may reasonably allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.”
Appears in 1 contract
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LJ GATEWAY OFFICE LLC, CONVERSIONPOINT TECHNOLOGIES ZAFGEN, INC., a Delaware limited liability company a Delaware corporation By: By /s/ Sxxxxx Xxxxxx X. Case By: By /s/ Rxxxxxxxx Xxxxxxx Sxxxxx Xxxxxx Xxxxxx Xxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO case Xxxxxx Xxxxxx EVP CEO Office Properties By: By /s/ Cxxxxxxxxxx X. Xxxxxx Xxx Xxxx By /s/ Xxxxxxxx Xxxxx By: /s/ Rxxxxx Tallacok Regional Xxxxxx Xxx Xxxx Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEOXxxxxxxx Xxxxx CFO
(a) Commencing 12 months following the Commencement Date, Tenant shall pay Landlord, as additional rent, for Tenant’s Share of the amount, if any, by which ““ Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to time, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expenses.”” Notwithstanding the foregoing, Landlord hereby agrees that Tenant shall not be responsible for Tenant’s Share of Operating Expense excess accruing during the 12 month period commencing as of the Commencement Date.
Appears in 1 contract
Samples: Lease (Zafgen, Inc.)
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. LANDLORD: TENANT: THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company RUCKUS WIRELESS, INC., a Delaware corporation By: /s/ Sxxxxx Xxxxxx X. Case By: /s/ Rxxxxxxxx Xxxxxxx Sxxxxx Xxxxxx Xxxxxxxx Xxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO President, Office Properties Printed Name Xxxxxx Xxxxxxxx Title CFO By: /s/ Cxxxxxxxxxx X. Xxxxx XxXxxxx By: /s/ Rxxxxx Tallacok Regional Xxxxxxx Xxxx Xxxxx XxXxxxx Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Operations, Office Properties Title: CEOPrinted Name Xxxxxxx Xxxx Title CTO EXHIBIT A EXHIBIT B Operating Expenses (Net)
(a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means 100% of the Operating Expenses determined by Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes In the event that Landlord determines that the Premises or additions the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Building Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.”
Appears in 1 contract
Samples: Lease Agreement
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LANDLORD: WESTWOOD GATEWAY II LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company a Delaware corporation By: /s/ /s/ Sxxxxx X. Case By: /s/ Rxxxxxxxx Xxxxxxx Sxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO Office Properties By: /s/ Cxxxxxxxxxx /s/ Bxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional Xxxxxxx Bxxxx X. Xxxxxxx Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties TENANT: MARATHON PATENT GROUP, INC., a Nevada corporation By /s/ Dxxxxxx X. Xxxxxxx Printed Name Dxxxxxx X. Xxxxxxx Title CEO By Printed Name Title: CEO
(a) Commencing 12 months following the Commencement Date, Tenant shall pay Landlord, as additional rent, for Tenant’s Share of the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to timetime pursuant to Section 6.4 of the Lease, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expenses.”
Appears in 1 contract
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES OTIC PHARMA, INC., a Delaware limited liability company a Delaware corporation /s/ Xxxxxx X. Case /s/ Xxxxxxx X. Xxxxxxx By: /s/ Sxxxxx Xxxxxx X. Case By: /s/ Rxxxxxxxx Xxxxxxx Sxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO Office Properties EVP Title: Chief Executive Officer /s/ Xxxxxxxxxxx X. Xxxxx /s/ Erez Chimovits By: /s/ Cxxxxxxxxxx Xxxxxxxxxxx X. Xxxxx Title: VP Operations By: /s/ Rxxxxx Tallacok Regional Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Erez Chimovits Title: CEOChairman
(a) Commencing 12 months following the Commencement Date, Tenant shall pay Landlord, as additional rent, for Tenant’s Share of the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to time, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expenses.”” Notwithstanding the foregoing, Landlord hereby agrees that Tenant shall not be responsible for Tenant’s Share of Operating Expense excess accruing during the 12 month period commencing as of the Commencement Date.
Appears in 1 contract
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., LLC TIGERLOGIC CORPORATION a Delaware limited liability company a Delaware corporation By: By /s/ Sxxxxx Xxxxxx X. Case By: By /s/ Rxxxxxxxx Xxxxxxx Sxxxxx X. Xxx Xxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO Office Properties By: /s/ Cxxxxxxxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional Vice President, Operations Printed Name: Rxxxxx Xxxxxxx X. Xxx Office Properties Title: CEOChief Executive Officer By /s/ Xxxxxxx X. Xxxxxxx By /s/ Xxxxxx Xxx Xxxxxxx X. Xxxxxxx Senior Vice President, Operations, Xxxxxx Xxx Office Properties Chief Financial Officer
(a) Commencing 12 months following From and after the Commencement DateDate and for the remainder of the Term, Tenant shall pay to Landlord, as additional rent, for Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area of the Premises and the denominator of which is the total rentable square footage, as reasonably determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease ProvisionsBuilding, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or and (ii) all or reasonably some of the buildings in the Project, for expenses reasonably determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord reasonably determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.”
Appears in 1 contract
Samples: Lease Agreement (TigerLogic CORP)
SDN LIST. Landlord and Tenant hereby represents represent and warrants warrant that neither Landlord or Tenant nor or any officerof its respective officers, directordirectors, employeepartners, partner, member members or other principal principals of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National national and Blocked Person ("“SDN"”) on the list of such persons and entities entitles issued by the U.S. Treasury Office of Foreign Assets Control (“OFAC”). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company By: /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Vice President, Leasing Office Properties By: /s/ Xxxxxxx X. Xxxxxxx Xxxxxxx X. Xxxxxxx Senior Vice President, Operations Office Properties AXONICS MODULATION TECHNOLOGIES, INC., a Delaware corporation By: /s/ Sxxxxx Xxxxxxx X. Case Xxxxx Printed Name: Xxxxxxx X. Xxxxx Title: Chief Executive Officer By: /s/ Rxxxxxxxx Xxxxxxx Sxxxxx Xxx X. Case Xxxxxx Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Xxx X. Xxxxxx Title: CFO Office Properties By: /s/ Cxxxxxxxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEOChief Operating & Financial Officer
(a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means 100% of the Operating Expenses determined by Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.”
Appears in 1 contract
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. LANDLORD: THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company By ________________________________ Xxxxxx X. Case Senior Vice President, Leasing, Office Properties By ________________________________ Xxxxx X. Xxxxxxxx Vice President, Operations, Office Properties TENANT: LANTRONIX, INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS LANTRONIX, INC., a Delaware corporation By: /s/ Sxxxxx X. Case By: /s/ Rxxxxxxxx Xxxxxxx Sxxxxx X. Case By ________________________________ Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO Office Properties By: /s/ Cxxxxxxxxxx X. Xxxxx By: /s/ Rxxxxx Tallacok Regional Vice President, Operations Name ________________________ Title _______________________________ By ________________________________ Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEOName ________________________ Title _______________________________
(a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s 's Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during Project. The term "Tenant's Share" means 100% of the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as Operating Expenses determined by Landlord. “Tenant’s Share” shall mean Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant's Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.”
Appears in 1 contract
Samples: Lease (Lantronix Inc)
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal officer of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. LANDLORD: THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., ,a Delaware limited liability company a TENANT: AVIAT U.S., INC.,a Delaware corporation By: /s/ Sxxxxx Xxxxxx X. Case By: /s/ Rxxxxxxxx Xxxxx Xxxxxxx Sxxxxx Xxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxx Xxxxxxx Executive Vice President PresidentOffice Properties Title: CFO Office Properties By: /s/ Cxxxxxxxxxx Xxxxxxx X. Xxxxx Xxxxxxx By: /s/ Rxxxxx Tallacok Regional Xxxxx Xxxxxxx Xxxxxxx X. Xxxxxxx Printed Name: Xxxxx Xxxxxxx Senior Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEOVP Finance
(a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s 's Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “The term "Tenant’s 's Share” shall mean " means that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as reasonably determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease ProvisionsBuilding, for expenses reasonably determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or and (ii) all or some of the buildings in the Project, for expenses reasonably determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the Building and/or entire Project from time any Operating Expenses which may benefit or substantially relate to time, in which event the total rentable square footage a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project may overhead fee payable or imposed by Landlord for the management of Tenant's Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to the rent paid by Tenant shall be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to included as “an Operating ExpensesExpense.”
Appears in 1 contract
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company RUCKUS WIRELESS, INC., a Delaware corporation By: /s/ Sxxxxx Xxxxxx X. Case By: /s/ Rxxxxxxxx Xxxxxxx Sxxxxx Xxxxxx Xxxxxxxx Xxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO President, Office Properties Printed Name Xxxxxx Xxxxxxxx Title CFO By: /s/ Cxxxxxxxxxx X. Xxxxx XxXxxxx By: /s/ Rxxxxx Tallacok Regional Xxxxxxx Xxxx Xxxxx XxXxxxx Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Operations, Office Properties Title: CEOPrinted Name Xxxxxxx Xxxx Title CTO
(a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means 100% of the Operating Expenses determined by Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes In the event that Landlord determines that the Premises or additions the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Building Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.”
Appears in 1 contract
Samples: Lease (Ruckus Wireless Inc)
SDN LIST. Tenant hereby represents and warrants warrants, to the best of its knowledge, that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. LANDLORD: TENANT: THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., LLC a Delaware limited liability company SONICS, INC., a Delaware corporation By: /s/ Sxxxxx X. Case Sxxxxx X. Case, Senior Vice President By: /s/ Rxxxxxxxx Xxxxxxx Sxxxxx Gxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO Xxxxxx Name (Print): Gxxxx X. Xxxxxx Leasing, Office Properties Title (Print): PRESIDENT & CEO By: /s/ Cxxxxxxxxxx X. Xxxxx Cxxxxxxxxxx X. Xxxxx, Vice President By: /s/ Rxxxxx Tallacok Regional Vice President, Operations Printed Mxxxxx Xxxxxxxx Name: Rxxxxx Xxxxxxx Mxxxxx Xxxxxxxx Operations, Office Properties Title: CEO
CFO Plans not to scale November 20, 2007 1 The purpose of this form is to obtain information regarding the use of hazardous substances on Investment Properties Group (a“IPG”) Commencing 12 months following property. Prospective tenants and contractors should answer the Commencement Datequestions in light of their proposed activities on the premises. Existing tenants and contractors should answer the questions as they relate to ongoing activities on the premises and should update any information previously submitted. If additional space is needed to answer the questions, Tenant shall pay Landlord, as additional rent, for Tenant’s Share you may attach separate sheets of the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Basepaper to this form. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fractionWhen completed, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially form should be sent to the Building rather than the entire Projectfollowing address: Your cooperation in this matter is appreciated. If you have any questions, or please call your property manager at (ii000) all or some of the buildings in the Project, 000-0000 for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to time, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expensesassistance.”
Appears in 1 contract
Samples: Lease (Sonics, Inc.)
SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "“Tenant Parties"”) is listed as a Specially Designated National and Blocked Person ("“SDN"”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LJ GATEWAY OFFICE LLC, CONVERSIONPOINT TECHNOLOGIES INC.TUSIMPLE LLC, a Delaware limited liability company a Delaware corporation By: California limited liability company By /s/ Sxxxxx X. Case By: Xxxxxx Xxx By /s/ Rxxxxxxxx Xxxxxxx Sxxxxx Xxxxxx X. Case Printed Name: Rxxxxxxxx Xxxxxxx Executive Vice President Title: CFO Name Xxxxxx Xxx Xxxxxx X. Case Evp Office Properties By: Title CTO By /s/ Cxxxxxxxxxx X. Chen Mo Xxxxx By: Printed Name Chen Mo Xxxxx Title CEO By /s/ Rxxxxx Tallacok Regional Xxxxxx Xxx Xxxx Xxxxxx Xxx Xxxx Vice President, Operations Printed Name: Rxxxxx Xxxxxxx Office Properties Title: CEOIOPLEGAL-4-44 10 12/13/16-245927- 0.2 IOPLEGAL-4-44 12/13/16-245927- 0.2
(a) Commencing 12 months following the Commencement Date, Tenant shall pay Landlord, as additional rent, for Tenant’s Share of the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to time, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expenses.”” Notwithstanding the foregoing, Landlord hereby agrees that Tenant shall not be responsible for Tenant’s Share of Operating Expense excess accruing during the 12 month period commencing as of the Commencement Date.
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