Common use of Signage Clause in Contracts

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).

Appears in 3 contracts

Samples: Lease (Levi Strauss & Co), Lease (Levi Strauss & Co), Lease (Levi Strauss & Co)

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Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of Subject to this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the BuildingArticle 33, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee Tenant shall be entitled to install, maintain and replace signage promoting Lesseeat Tenant’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations signage in the elevator lobby of each full or requirements applicable to such signage, and all such partial floor of the Tower Premises leased by Tenant (provided that signage (including, without limitationon partial floors shall be Project-standard), the signage identified for Tenant’s Kiosk described in items (A), (B) and (CSection 30(p) above and any modifications to or replacements the following signage (collectively, “Tenant’s Signage”) at the Project: (i) exclusive elevator lobby signage on the first floor of the Tower for the Banner and/or elevator bank for the Atrium Premises (collectively, “Elevator Lobby Signage”), which Elevator Lobby Signage shall reflect Tenant’s standard logo and graphics, (ii) signage on a multi-tenant monument to be constructed by Landlord at Landlord’s sole cost and expense within twelve (12) months of the Commencement Date (“Shared Monument Signage”), which monument shall be the approximate location shown on Exhibit “I” and pursuant to the specifications reasonably determined by Landlord, and which Shared Monument Signage shall be located in the top signage position on the monument, and (iii) exclusive monument signage at the approximate location shown on Exhibit “I” (“Exclusive Monument Signage”). Except as expressly provided in this Article 33 above, and except as shown on Exhibit “I”, the graphics, materials, size, color, design, lettering, lighting (if any), specifications and exact location of Tenant’s Signage (collectively, the “Signage Specifications”) shall be subject to Lessor’s the prior approvalwritten approval of Landlord, which approval shall not be unreasonably withheld. Landlord has, however, approved the Signage Specifications shown on Exhibit “G”. In addition addition, the Signage and all Signage Specifications therefore shall be subject to Tenant’s receipt of all required governmental permits and approvals, shall be subject to all applicable governmental laws and ordinances, and all covenants, conditions and restrictions affecting the foregoing signage rights Project. Tenant hereby acknowledges that, notwithstanding Landlord’s approval of Tenant’s Signage and/or the Signage Specifications therefor, Landlord has made no representations or warranty to Tenant with respect to the exterior probability of obtaining such approvals and permits. In the event Tenant does not receive the necessary permits and approvals for Tenant’s Signage, Tenant’s and Landlord’s rights and obligations under the remaining provisions of this Lease shall not be affected. The cost of installation of Tenant’s Signage, as well as all costs of design and construction of Tenant’s Signage and all other costs associated with Tenant’s Signage, including, without limitation, permits, maintenance and repair, shall be the sole responsibility of Tenant. Notwithstanding anything to the contrary contained herein, in the event that at any time during the Term of this Lease (or any Option Term, if applicable), Tenant fails to lease at least three (3) full floors in the Tower (whether by virtue of the Building Termination Option or due to Tenant’s exercise of the extension Option for less than all of the Premises or otherwise), then Landlord shall have the right (but not the obligation), at Landlord’s sole cost and the monument signage within the Exterior Common Areasexpense, so long as to modify (a) Lessee, an Affiliate the Elevator Lobby Signage so that it is no longer the exclusive sign on the first floor of Lessee or a Permitted Assignee is the Lessee under the LeaseTower for Tenant’s elevator bank, (b) Lessee continues to lease the Shared Monument Signage so that Tenant’s signage is no longer located at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plazathe top location, and (c) the Square Footage Threshold (Exclusive Monument Signage so that Tenant’s signage is no longer exclusive to Tenant. The rights to Tenant’s Signage shall be personal to the Original Tenant and any Affiliated Assignee and may not otherwise be transferred. Should Tenant’s Signage require maintenance or repairs as defined determined in Paragraph 3 above) has not been exceededLandlord’s reasonable judgment, Lessee Landlord shall have the right to maintain provide written notice thereof to Tenant and Tenant shall cause such repairs and/or maintenance to be performed within thirty (30) days after receipt of such notice from Landlord at Tenant’s sole cost and expense. Should Tenant fail to perform such maintenance and repairs within the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained period described in the foregoing clauses (a)immediately preceding sentence, (b) and (c) are not satisfied, either Lessor or Lessee Landlord shall have the right to remove cause such work to be performed and to charge Tenant, as Additional Rent, for the “Levi” name from cost of such work. Upon the Leviexpiration or earlier termination of this Lease (or the termination of Tenant’s Plaza complex (including all of the LeviSignage right as described above), Tenant shall, at Tenant’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense expense, cause the Signage to be removed from the applicable monument or exterior of the requesting party, upon which removal all use Project (as applicable) and shall cause the applicable monument or the exterior of the “Levi” name Project (as applicable) to identify be restored to the Property condition existing prior to the placement of Tenant’s Signage. If Tenant fails to remove Tenant’s Signage and to restore the applicable monument or exterior of the Project (as applicable) as provided in the immediately preceding sentence within thirty (30) days following the expiration or earlier termination of this Lease, then Landlord may perform such work, and all costs and expenses incurred by Landlord in so performing such work shall cease and Lessor be reimbursed by Tenant to Landlord within ten (10) days after Tenant’s receipt of invoice therefor. The immediately preceding sentence shall thereafter have survive the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease, Assignment of Sublease Agreement (Coinstar Inc)

Signage. Paragraph 12 of Provided (i) Tenant leases the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior Total Rentable Floor Area of the Building, and (yii) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy no Event of Levi’s Plaza and the BuildingDefault exists, and (Biii) and so long as Lessee is leasing all Tenant has not assigned this Lease or sublet more than fifty percent (50%) of the rentable area in the BuildingPremises (except for an assignment or subletting permitted without Landlord’s consent under Section 5.6.1 hereof), Lessee Tenant shall be entitled permitted, at Tenant’s expense, to install, maintain and replace signage promoting Lessee’s business erect one (1) exterior sign on the exterior façade of the Building containing Tenant’s name and/or logo in a location first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. In addition, the design, size, proportions and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion color of such signage space reflecting Lessee’s proportional occupancy shall be subject to the prior approval of Levi’s Plaza Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and shall be further subject to the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front requirements of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior Zoning By-Law of the Building Town of Lexington and monuments within the Exterior Common Areas, any other applicable Legal Requirements (as defined in each case, in size Exhibit B-1) and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza to Tenant obtaining all necessary permits and the Buildingapprovals therefor. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby Tenant acknowledges and agrees that (1) Xxxxxx’s right to signage on the primary use of the Display Kiosks Building pursuant to this Section 2.2.2 is for advertising, promotion not on an exclusive basis and that Landlord may grant other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (tenants in the exercise of Lessor’s sole and absolute discretion) Complex the right to make any signage space within on the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) aboveSite; provided, furtherhowever, that Lessor shall Xxxxxxxx agrees not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any provide such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located signage for others on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BBother than signage identifying Landlord and/or its broker) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, for so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases Tenant is the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior sole tenant of the Building, provided, that at any time after . In the entire Building is no longer leased event Tenant erects a sign pursuant to this Lease by either LesseeSection 2.2.2 and Tenant subsequently assigns this Lease, or subleases more than fifty percent (50%) of its Premises (except for an Affiliate of Lessee assignment or a Permitted Assigneesubletting permitted pursuant to Section 5.6.1), Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to Xxxxxx agrees that it shall remove such Banner and/or Atrium signagesignage at Tenant’s expense if requested by the Landlord. Lessee In addition, Tenant shall complybe required, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including remove all of the Levisignage described in this Section 2.2.2 and restore any areas affected by the installation and subsequent removal of Tenant’s Plaza designations currently located on signage upon the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front expiration or earlier termination of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)Term.

Appears in 2 contracts

Samples: Lease (Fractyl Health, Inc.), Lease (Fractyl Health, Inc.)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within occupies the entire Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or and/or logo on the exterior of the Building, Building and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas. If Lessee does not so occupy the entire Building, Lessee shall have a nonexclusive right to erect and maintain such signage, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areasaddition, so long as (a) Lessee, a Permitted Assignee, or an Affiliate of Lessee or a Permitted Assignee (a) is the Lessee under the Lease, (b) Lessee continues to lease occupies at least two three hundred ninety fifty thousand (290,000350,000) rentable square feet at within Levi’s Plaza, and (c) maintains its corporate headquarters or that of its Americas Division within Levi’s Plaza or within that certain building located at the Square Footage Threshold (corner of Union and Sansome Streets and commonly known as defined in Paragraph 3 above) has not been exceeded“The Icehouse”, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza Plaza. For purposes hereof, space shall be deemed “occupied” by Lessee if, and only if, (includingi) such space is leased to Lessee (and, without limitationexcept as permitted in the following clause (ii), such space is not subject to a sublease or assignment by Lessee or any designations on the bus stops other form of occupancy agreement between Lessee and Display Kiosks located within Levi’s Plazaany third party), or (ii) such space is subleased or assigned by Lessee to a Permitted Assignee, an Affiliate or a Lessee Contractor.

Appears in 2 contracts

Samples: Lease (Levi Strauss & Co), Lease (Levi Strauss & Co)

Signage. Paragraph 12 Notwithstanding anything to the contrary in the Lease, Tenant shall be entitled, at Landlord’s sole cost and expense, to (a) one (1) line on the Building directory to display Tenant’s name and location in the Building, and (b) Building-standard identification signage outside of any portion of the First Amendment Premises that is located on a multi-tenant floor of the Building. The location, quality, design, style, and size of such signage shall be consistent with the Landlord’s Building standard signage program. Any changes to Tenant’s signage shall be at Tenant’s sole cost and expense. Additionally, effective as of the date of this Amendment, Exhibit “I” to the Lease is deemed deleted in its entirety and replaced with Exhibit “I” attached hereto, and the provisions costs to fabricate and install the signs depicted on Exhibit “I” and an additional sign not depicted on Exhibit “I” to the new locations depicted on Exhibit “I”, shall be borne by Landlord as long as the signage is generally consistent with the signage shown on Exhibit “I” and the terms of this Paragraph 8Section 16. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee Tenant shall be entitled to installplace its signage in location ##1, maintain 2 and replace 3 as indentified on Exhibit “I”. Landlord agrees that, notwithstanding anything to the contrary shown on Exhibit “I” or in the Lease, (a) in no event shall the letters in Tenant’s lobby signage promoting Lessee’s business in location ##1 and 3 identified on Exhibit “I” be less than six (6) inches in height and not wider than one (1) glass panel (three (3) feet, four (4) inches maximum width) and the lettering in location #2 shall be as shown on the exterior of rendering attached hereto as Exhibit “I” and (b) no tenant that leases less rentable square footage in the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee than Tenant shall be entitled to a portion of such lobby signage space reflecting Lesseethat is more prominent than Tenant’s proportional occupancy of Levilobby signage. Tenant shall be entitled to maintain all other Tenant’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (Signage described in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).

Appears in 1 contract

Samples: Lease (Mindspeed Technologies, Inc)

Signage. Paragraph 12 Subject to compliance with all applicable requirements and restrictions of the First Amendment is deleted in its entirety Master Lease and replaced with Subtenant obtaining the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) Master Landlord's consent to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such following signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee provided Subtenant is the Lessee under the Lease, (b) Lessee continues to lease then leasing at least two hundred ninety thousand four (290,0004) rentable square feet at Levi’s Plazafull floors in Building D, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee Subtenant shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a)i) install standard building signage, (bii) and install one parapet sign on one side of Building D selected by Subtenant (c) are not satisfied, either Lessor or Lessee provided that Subtenant shall have the right to remove install two (2) parapet signs on two (2) sides of Building D selected by Subtenant if Subtenant has leased the “Levi” name from Expansion Premises) and (iii) eighty percent (80%) of existing monument signage and interior building signage (or such higher percentage of such signage as may relate to Subtenant's percentage occupancy of Building D) in or with respect to Building D. If Subtenant leases at least two (2) full floors in Building B or Building C, as applicable, then the Levi’s Plaza complex (including sublease between Sublandlord and Subtenant for Building B or Building C, as applicable, shall provide, subject to the compliance with all applicable provisions and restrictions of the Levi’s Plaza designations Building B Lease or Building C Lease, as applicable, and Subtenant obtaining Master Landlord's consent to the following signage, that Subtenant shall have the right to (i) install standard building signage, (ii) install one parapet sign on one side of Building B or Building C, as applicable, selected by Subtenant (provided that if Subtenant subleases less than three (3) full floors of Building B or Building C, as applicable, Sublandlord shall have the right to designate the side of Building B or Building C, as applicable, on which the parapet sign shall be located but if Subtenant subleases three (3) or more full floors in Building B or Building C, as applicable, Subtenant shall have the right to designate the side of Building B or Building C, as applicable, on which the parapet sign shall be located) and (iii) Subtenant's proportionate share (based on the bus stops RSF of space leased in Building B or Building C, as applicable, by Subtenant over the total RSF of Building B or Building C, as applicable) of existing monument signage and Display Kiosks located within Levi’s Plaza) interior building signage in or with respect to Building B or Building C, as applicable. All of Subtenant's exterior signage and exterior graphics of any kind or character shall comply in all respects with all applicable Legal Requirements, and shall be subject to the review and approval of the City of Pleasanton, as necessary, and any other applicable municipality having jurisdiction over the Project. All signs shall be installed and maintained at the Subtenant's sole cost and expense expense. Upon the expiration or earlier termination of the requesting partyTerm, upon which removal subject to compliance with applicable Legal Requirements, Subtenant shall remove all use of its signage on or about Building D (or Building B or Building C, as applicable) and restore any damage resulting from such removal, all at Subtenant's sole cost and expense. Subject to the “Levi” name Master Landlord's consent, Subtenant is granted exclusive signage on Building D with respect to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)firms whose principal business is consumer lending.

Appears in 1 contract

Samples: E Loan Inc

Signage. Paragraph 12 Section 15.1 Provided that The Mutual Life Insurance Company of New York shall occupy for the First Amendment is deleted in conduct of its entirety business and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) its world headquarters, containing executive offices, not less than 118,500 rentable square feet within the Buildingof Office Premises, Lessee subject to compliance with all Requirements and approvals of Governmental Authorities, (i) Tenant shall have (x) the exclusive right to erect operate and maintain signage with its corporate name or logo the signs identifying The Mutual Life Insurance Company of New York currently located on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior outside of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior lobby of the Building and monuments the "Weather Star", and (ii) the Building shall be named "The MONY Building". As long as The Mutual Life Insurance Company of New York shall be Tenant hereunder, subject to the provisions of Section 15.5 hereof, Tenant may not remove any of Tenant's signs or the "Weather Star" without prior written notice to and the prior written consent of Landlord, which consent Landlord may withhold in its sole discretion, and, Landlord may require that (i) Tenant maintain any or all of such signs and/or the "Weather Star" and (ii) the Building be named "The MONY Building". If at any time The Mutual Life Insurance Company of New York shall occupy for the conduct of its business less than 118,500 rentable square feet of the Office Premises, Landlord, at its option, may notify Tenant that Landlord elects that Tenant remove, within thirty (30) days after delivery of such notice, any or all of Tenant's signs and/or the Exterior Common Areas"Weather Star", at Tenant's sole cost and expense, and may thereafter cause the Building to be known by any other name or no name other than its street address, provided, however, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and such event (i) Landlord shall thereupon be deemed to have waived the Building. Notwithstanding item covenant that MONY occupy the Premises through the twelfth (C12th) above or any current use anniversary of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges Commencement Date as its world headquarters and agrees that (1ii) from and after the primary use date of the Display Kiosks is for advertisingremoval of any of the signs identifying Tenant located on the top of the Building or the large sign identifying Tenant located on the street level facade of the Building between the main entrance of the Building and West 00xx Xxxxxx (xx the removal of any permitted replacements of any of such signs), promotion and other similar uses and Lessor Tenant shall have no longer be obligated to operate, maintain or repair the right"Weather Star". If Landlord shall require Tenant to remove the "Weather Star" as aforesaid, upon not less than Tenant, within fifteen (15) days prior written after receipt of Landlord's notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior which date time shall be of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (aessence), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the rightmay notify Landlord that, in lieu of removing the "Weather Star", Tenant shall pay to Landlord, as additional rent hereunder, simultaneously with the delivery by Tenant of its sole and absolute discretionnotice, to rename Levi’s Plaza the sum of Two Hundred Thousand Dollars (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza$200,000).

Appears in 1 contract

Samples: Mony Group Inc

Signage. Paragraph 12 To the extent that Tenant’s sublease with a Qualified Subtenant grants rights in favor of such Qualified Subtenant to install and maintain one or more Tenant Signs in the Main Lobby of the First Amendment is deleted in its entirety and replaced with Building pursuant to Paragraph 39(C)(i) hereof, then the provisions Recognition Agreement of such Qualified Subtenant shall provide that such Qualified Subtenant shall, after the termination or cancellation of this Paragraph 8. During the term of the Lease (Aor Tenant’s right to possession hereunder) as aforesaid, only have the right to install and so long as Lessee maintain: (x) in the event that such Qualified Subtenant leases at least two hundred fifty thousand (250,000) rentable 100,000 square feet of Rentable Area within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior any elevator bank of the Building, and one (1) Tenant Sign in the area designated for tenant signage for such elevator bank within the Main Lobby, or (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of event that such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease Qualified Subtenant leases at least two hundred fifty thousand (250,000) rentable 300,000 square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior Rentable Area of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and Tenant Signs in all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld. In addition to the foregoing signage rights with respect to the exterior locations of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease Main Lobby at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) which Tenant has not been exceeded, Lessee shall have the right to install and maintain the “Levi’s Plaza” identity with respect Tenant Signs pursuant to Levi’s Plaza, Paragraph 39(C)(i) hereof (including all of the Levi’s Plaza designations currently located on (or on the bus stops lobby wall behind) any Tenant Lobby Desk). To the extent that Tenant’s sublease with a Qualified Subtenant grants rights in favor of such Qualified Subtenant to install and Display Kiosks located within Levimaintain an Exterior Tenant Sign at the Property pursuant to Paragraph 39(B) hereof, then the Recognition Agreement of such Qualified Subtenant shall provide that such Qualified Subtenant may continue to have such rights to install and maintain its Exterior Tenant Sign after the termination or cancellation of this Lease (or Tenant’s Plaza, but expressly excluding the Directory Kiosk located in front right to possession hereunder) as aforesaid only if such Qualified Subtenant leases at least 300,000 square feet of the Xxxx Building on Sansome Street. In the event that any of the conditions contained Rentable Area in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)Building.

Appears in 1 contract

Samples: Letter Agreement (KBS Real Estate Investment Trust II, Inc.)

Signage. Paragraph 12 Landlord shall provide standard directory signage for Tenant in the Building lobby and floor signage on each floor of the First Amendment is deleted Premises in its entirety the Building standard graphics, at Landlord’s cost and replaced with the provisions of this Paragraph 8expense. During the term of the Lease (A) and For so long as Lessee Tenant leases at least two hundred fifty thousand percent (250,00050%) rentable square feet within of the BuildingBuilding (including any and all space then leased by Permitted Transferees or space Tenant has sublet to third parties pursuant to the terms hereof, Lessee provided such space leased by third parties shall have not equal more than fifty percent (x50%) of the Premises), Landlord grants Tenant the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Buildingerect, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areasmaintain, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain operate and replace signage promoting Lessee’s business from time to time on, above, upon and in the Premises and exclusive rights to signage on the exterior of the Building and (except that Landlord may add a sign with the Building address on the Building windows, skylights Building) and atria in locations and of exclusive rights to erect a type deemed appropriate or desirable by Lessee, and (C) monument sign at the entrance to the extent Lessor Building (in provided such signage shall not prevent Landlord from installing a directory sign for Building tenants along the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”driveway on Hayden Avenue), Lessee at Tenant’s cost and expense, but if Tenant leases at least fifty percent (50%) of the Building and subleases at least fifty percent (50%) of the Premises to third parties, Landlord shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo one other sign on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size Tenant’s rights shall no longer be exclusive. All exterior signs and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of signs visible from the Building exterior (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signagechanges thereto) shall be subject to LessorLandlord’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. In addition to the foregoing The exterior signage rights with respect to the exterior of the Building and the monument signage within shall be in locations mutually agreed by Landlord and Tenant. Landlord may also erect a building directory sign including Tenant’s signage, along the Exterior Common Areasdriveway approaching the Building, at Landlord’s expense. For so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease Tenant leases at least two hundred ninety thousand fifty percent (290,00050%) rentable square feet at Leviof the Building (including any and all space then leased by Permitted Transferees), Tenant’s Plazaname shall be more prominent than the other tenants, and (c) shall be at the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all top of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)directory.

Appears in 1 contract

Samples: Lease Agreement (Vistaprint LTD)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor Tenant shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its Tenant's sole cost and expense, to install appropriate signage (including Tenant's corporate name and logo) on the Building directory and on the walls of the elevator lobbies and entrance doors of any full floors leased by Tenant and on two (2) exterior facade(s) of the Office Tower (as determined by Tenant) at the top of the Building at a mutually acceptable location (each party agreeing not to unreasonably withhold, condition or delay its approval of such location), on a monument sign adjacent to the Office Tower (which may be shared with any other tenants of the Building provided that (i) Tenant's sign will be placed in the location selected and all lawsmutually agreed upon as between Tenant and Landlord, statutes, ordinances and governmental rules, regulations or requirements applicable to (ii) Tenant will have its choice of sign position on such signagemonument sign, and all (iii) Tenant's sign will be at least twice the size of any other tenant or occupant in the Complex leasing less than 100,000 square feet in the Building, and in no event will Tenant's sign be smaller than that of any other tenant in the Building, provided Tenant leases not less than 135,000 rentable square feet in the Building). All signs shall first approved in writing by Landlord (such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications approval not to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed) and subject to any applicable Laws. In addition Tenant shall remove all such signs by the termination of this Lease. Such installations and removals shall be made in such manner as to the foregoing signage rights with respect avoid injury to the exterior or defacement of the Building and the monument signage within the Exterior Common Areasother improvements, so long as (a) Lesseeand Tenant shall repair any injury or defacement, an Affiliate of Lessee excluding discoloration, caused by such installation or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease removal. If at any time Tenant no longer leases at least two hundred ninety thousand (290,000) 135,000 rentable square feet in the Building and, at Levi’s Plazasuch time, Landlord has leased at least 135,000 rentable square feet in the Building to another tenant who has the desire and the ability to place its name on the Building and who is not a direct competitor of Tenant, then Landlord may remove Tenant's sign or signs from the top of the Building and permit such other tenant to install its name sign on the Building. Tenant's rights under this Section 31 shall not be assignable to a third party other than a transferee permitted under Section 15.7 hereof. Landlord agrees to use its best efforts (cwithout expenditure of funds) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect obtain all necessary permits and approvals from applicable governmental authorities and private parties to Levi’s Plaza, including permit Tenant to install all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Streetsigns to which Tenant is entitled under this Section 31. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).66 72

Appears in 1 contract

Samples: Lease Agreement (S1 Corp /De/)

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Signage. Paragraph 12 of the First Amendment is deleted in its entirety Subject to all applicable laws and replaced compliance with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the BuildingLease, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Buildingincluding Landlord's Building Standard criteria, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee Tenant shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) expressly subject to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply"code", at its sole cost and expense, with any up to three (3) Building Standard exterior signs identifying Tenant's tradename [HOWEVER, Tenant acknowledges that Landlord has advised that "code" at present evidently prohibits more than TWO (2) such signs and irrespective of such "code" more restrictive provisions herein shall control], provided, however, that the size, dimensions, location, colors, lettering and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, other aspects of the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s Landlord's prior approvalwritten approval (where within the parameters of "code" and Landlord's uniform signage criteria, which such approval shall not be unreasonably withheldwithheld or delayed). Tenant may select the location for such signs from among the following three (3) locations, provided, Tenant's election, once made, shall be final: (i) exterior face of the Building facing the Palmetto Expressway, at the location where the Existing Tenant's "Santa Xxxx" signage exists, (ii) exterior face of the Building on the West side of the Building, EITHER where the Existing Tenant's "Santa Xxxx" signage exists OR at the location of existing "Mall of the Americas" signage at the non-mall entrance to the Building [as approximately shown on EXHIBIT A], or (iii) on the exterior face of the building in which is situate the Space 33C portion of the Premises (collectively, the "BASIC SIGNAGE"). Landlord agrees at its cost and expense to remove the said "Mall of the Americas" sign at the non-mall entrance to the Building irrespective of whether Tenant selects such location as aforesaid. The Basic Signage shall be fabricated, erected, installed and maintained all at Tenant's sole expense contemporaneously with substantial completion of Landlord's Work, subject always to compliance with all applicable laws, compliance with this Lease and satisfaction of any and all reasonable requirements and conditions therefor as Landlord may impose from time to time. In the event of termination of this Lease, or upon voluntary or involuntary dispossession of Tenant, then in addition to any and all other remedies provided in this Lease, Landlord shall have the foregoing signage rights with respect right, without any liability to Tenant, to remove all Basic Signage at Tenant's cost. Except as set forth above, no signs of any kind or nature, symbols or identifying markers may be put in or about the exterior of the Premises or the Building and or any part thereof, without the monument signage within the Exterior Common Areasprior written approval of Landlord, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, acting in its sole and absolute unrestricted discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).

Appears in 1 contract

Samples: Lease Agreement (Global Directmail Corp)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases Tenant, at least two hundred fifty thousand (250,000) rentable square feet within the BuildingTenant's expense, Lessee shall have (x) the exclusive right during the Term (including the Renewal Terms, if applicable) to erect and maintain signage with its corporate name or logo install up to two signs on the exterior of Building's parapet. In addition, Tenant shall have the Building, and (y) right during the nonexclusive right to erect and maintain signage on monuments within the Exterior Common AreasTerm, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area common with other tenants in the Building, Lessee shall be entitled to install, maintain and replace Building-standard signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located pylon sign in front of the Koshland Building (1160 Battery Street) as well as at the entrance to the Building and in the elevator lobbies on floors occupied by Tenant. Such installation of Building-standard signage on the East side pylon and at the entrance and elevator lobbies shall be at Landlord's expense. The design and installation of Battery StreetTenant's parapet signage shall be in compliance with all applicable codes, ordinances, laws, regulations and statutes and the Declaration and further subject to Landlord's reasonable approval and supervision. Notwithstanding item It shall be a condition of Tenant's right to maintain its name on such signs that (A)(ya) above, if Lessee does Tenant is not lease in Default under this Lease and (b) this Lease is in full force and effect. It shall be a further condition of Tenant's right to maintain such parapet signage that Tenant is an occupant of at least two hundred fifty thousand (250,000) 70,000 rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of space in the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional (not including occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above any subtenants or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and assignees other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar usesAffiliates), provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plazahowever, such signage space made available to office tenants shall be apportioned as provided in item (C) above; providedif Tenant occupies less than 70,000 rentable square feet but more than 60,000 rentable square feet, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located Tenant may maintain one sign on the East side of Sansome Street Building's parapet. If Tenant occupies less than 60,000 rentable square feet in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”not including occupancy of any subtenants or assignees other than Affiliates), (BB) Lessor has permitted Lessee to erect and maintain signage within upon Landlord's written request Tenant shall remove its parapet signage, at Tenant's expense. Upon the atrium expiration or termination of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant Term or Tenant's right to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to retain such signage, Tenant, at Tenant's expense, shall remove its parapet signs. The rights granted to Tenant in this Section 30 are personal to TCI Great Lakes, Inc. and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements shall not inure for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheldbenefit of any subtenant or assignee (other than an Affiliate). In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common Areas, For so long as (aw) Lessee, an Affiliate of Lessee or a Permitted Assignee Tenant is the Lessee not in Default under the this Lease, (bx) Lessee continues to lease this Lease is in full force and effect, (y) Tenant is an occupant of at least two hundred ninety thousand (290,000) 60,000 rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses Building (a), (bnot including occupancy of any subtenants or assignees other than Affiliates) and (cz) are among Tenant's primary business activities is providing to the general public video, data, satellite or voice communications capabilities (e.g., a telephone company, cable television company or internet service provider), Landlord shall not satisfiedgrant to any other tenant in the Building whose primary business is providing to the general public video, either Lessor data, satellite or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex voice communications capabilities (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plazae.g., America Online, Ameritech, MCI or Qwest) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (but not including, without limitation, any designations on tenant whose primary business is providing software or hardware for such communications or content for such communications [e.g., Bloomberg, Dow Xxxxx or Salon Magazine]), the bus stops and Display Kiosks located within Levi’s Plazaright to maintain a sign in the lobby of the Building (not including mention of such tenant in any Building directory).

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety Landlord will make standard lobby directory signage and replaced with the provisions of this Paragraph 8suite identification available to Tenant at Landlord’s expense. During the term of the Lease (A) and In addition, so long as Lessee Tenant leases at least two one hundred fifty thousand percent (250,000100%) rentable square feet within of the Building, Lessee Tenant shall have (x) be granted the exclusive right to erect and maintain signage place one sign with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting LesseeTenant’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building facing Burnet Road and monuments within a second sign with Tenant’s logo on the Exterior Common Areas, exterior of the Building facing Xxxxxxxxx Crossing. If Tenant leases less than one hundred percent (100%) but more than fifty percent (50%) of the Building (or if Tenant’s leasing of the Building drops below fifty percent (50%) due solely to the combination of the exercise by Tenant of the Downsizing Options referenced in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza Section 41.6 above and the Building. Notwithstanding item (C) above or any current use exercise by Landlord of the Display Kiosks which is being made by Lessee“Relocation Requirement” referenced in Section 41.9.2 below), Lessee hereby acknowledges and agrees that (1) then Tenant shall be granted the primary use non-exclusive right to place one sign with Tenant’s logo on the exterior of the Display Kiosks is for advertising, promotion Building facing Burnet Road and other similar uses and Lessor shall have a second sign with Tenant’s logo on the right, upon not exterior of the Building facing Xxxxxxxxx Crossing. If Tenant leases less than fifteen fifty percent (1550%) days prior written notice to Lesseeof the Building, to require Lessee to remove any or all then (unless Tenant’s leasing of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that Building has fallen below fifty percent (50%) due solely to the extent Lessor continues (in combination of the exercise by Tenant of Lessor’s sole the Downsizing Options referenced in Section 41.6 above and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front by Landlord of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory KioskRelocation Requirement referenced in Section 41.9.2 below), Lessee then Tenant shall have no rights to any exterior signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of on the Building. The location, providedsize, that at any time after the entire Building is no longer leased pursuant materials and graphics used for all signage are subject to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days Landlord’s prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. In addition All signage will be installed at Tenant’s expense or may be paid with any unused portion of the Allowance. Upon expiration of the Term of this Lease, Tenant shall remove all signage which has been installed for Tenant’s benefit and shall repair any damage to the foregoing signage Building caused by the removal of such signage. The rights with respect granted to the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, Tenant under this Section 41.7 may be assigned by Tenant to any assignee which is an Affiliate or Successor of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s PlazaTenant, but expressly excluding are otherwise personal to Tenant and may not be assigned to or be utilized by any other assignee of Tenant or any sublessee of Tenant. Any assignment of this Lease to a party other than an Affiliate or Successor of Tenant shall automatically terminate the Directory Kiosk located in front rights of Tenant under this Section 41.7. A subletting by Tenant will not terminate the Xxxx Building on Sansome Street. In rights of Tenant under this Section 41.7, but no sublessee of Tenant will be entitled to utilized or enjoy the event that benefit of any of the conditions contained in the foregoing clauses (a), (b) and (c) are rights of Tenant under this Section 41.7. Landlord shall not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations place any advertising signage on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza)Building.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (KBS Real Estate Investment Trust III, Inc.)

Signage. Paragraph 12 of the First Amendment is deleted in its entirety and replaced with the provisions of this Paragraph 8. During the term of the Lease (A) and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building, and (y) the nonexclusive right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall complyTenant, at its sole cost and expense, shall, subject to applicable laws, be permitted to install a monument sign (monochromatic) at one of the following locations: (i) in the North Courtyard with and the location/size/design to be mutually agreed upon by Landlord and Tenant or (ii) on the Xxxxxxx Road side of the complex at the “main entrance” of the 1501 building. In addition, Tenant shall, subject to applicable laws, be permitted to install a panel of the existing exterior monument sign at the Xxxxxxx Road (West) entrance for the 0000 X. Xxxxxxxxx Building; provided, however, that all costs related to the design, construction and installation of the monument sign shall be borne by Landlord (however, Tenant shall be responsible for the cost to construct and install its sign panel on the monument sign). Additionally, subject to Tenant leasing and continuously occupying a minimum of 90,000 square feet of Rentable Area in the Building, and subject to the approval of the Village of Schaumburg, Tenant will have the right to install, at its sole cost, a sign on the Building parapet at the top of the building. Notwithstanding the foregoing, Tenant’s failure to occupy the Leased Premises shall not void its signage rights provided that such failure does not exceed 90 days. Notwithstanding the foregoing, if after leasing at least 90,000 square feet of Rentable Area in the Building, the originally named Tenant or a Controlled Tenant ceases to lease at least that amount of Rentable Area in the Building (and for purposes of this sentence, cessation of leasing space in the Building shall include Landlord’s right to recapture such space in lieu of approving of an assignment or sublease to a non-affiliate of Tenant), Tenant shall not be entitled to maintain its Building parapet signage and shall immediately remove same. At such time as Tenant installs its Building signage, it shall no longer be entitled to the monument sign referenced in the first sentence of this paragraph, and Tenant shall at that time remove the monument sign and restore the landscaped areas to Landlord’s reasonable satisfaction; provided, however, that if Tenant is ever required to remove its Building parapet signage in accordance herewith, Tenant shall again be entitled to construct a monument sign as provided in the first sentence hereof . Additionally, Tenant shall be entitled to (i) Building standard signage in the Building directory in the lobby of the Building, (ii) Building standard signage in the Common Area corridor of each floor on which the Leased Premises is located and (iii) Building standard signage at the main entrance of the Leased Premises, all of which shall be paid for by Landlord. Tenant shall at its expense remove all of its exterior signage no later than the date on which this Lease expires, or sooner as required by this paragraph. Upon removal of Tenant’s exterior Building signage, Tenant shall restore the portion of the Building on which such signage was located to the condition in which it existed immediately prior to installation of such signage including repair of any damage resulting from such removal. Tenant shall, at its sole expense, maintain all of its exterior signage in first class condition and appearance throughout the Term in compliance with all laws, statutesexcept that the existing monument signage on which Tenant shall be entitled to a panel shall be generally maintained by Landlord, ordinances and governmental rules, regulations or requirements applicable Tenant shall only be responsible for maintenance of its panel. Prior to such installation of Tenant’s exterior signage, Tenant shall obtain Landlord’s prior written approval of its plans showing the size, design, location and method of installation of said sign, all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) of which shall be subject to LessorLandlord’s prior approval, written consent which approval shall not be unreasonably withheld. In addition Tenant shall be responsible, conditioned or delayed but which may be withheld based on Landlord’s aesthetic determinations. Landlord shall at no cost to Landlord support any variance application filed by Tenant with the foregoing Village of Schaumburg in order to obtain permits for Tenant’s exterior signage if and only if (i) Landlord determines in its reasonable discretion that such variance will not in any manner impair the availability of signage approvals or signage rights with respect to any improvements in the exterior of the Building and the monument signage within the Exterior Common Areas, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, Property and (cii) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity Tenant reimburses Landlord for its reasonable out-of-pocket costs and expenses incurred for outside consultants who advise Landlord with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Streetsuch variance. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the SCHEDULE LeviM-2name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).EXPANSION RIGHTS ON FOURTH FLOOR EAST AND THIRD FLOOR SOUTH [CHART OF EXPANSION RIGHTS ON .....] Schedule M-2 INDEX Page

Appears in 1 contract

Samples: Agreement (American Pharmaceutical Partners Inc /De/)

Signage. Paragraph 12 Landlord retains absolute control over the exterior appearance of the First Amendment is deleted in its entirety Building and replaced with the provisions of this Paragraph 8. During Project and the term exterior appearance of the Lease (A) Premises as viewed from the Building Common Areas and so long as Lessee leases at least two hundred fifty thousand (250,000) rentable square feet within the BuildingProject Common Areas. Tenant will not, Lessee shall have (x) the exclusive right without Landlord’s prior written consent, install, or permit to erect and maintain signage with its corporate name be installed, any drapes, furnishings, signs, lettering, designs, advertising or logo on any items that will in any way alter the exterior appearance of the Building, the Project or the exterior appearance of the Premises as viewed from the Building Common Areas and (y) Project Common Areas. Any sign, advertising, design, or lettering installed by Tenant shall be considered an Alteration and shall be subject to the nonexclusive provisions of Article 15; provided that Landlord shall have the right to erect and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) withhold its consent to the extent Lessor (same in the exercise of Lessor’s its sole and absolute discretion. Notwithstanding the foregoing, Tenant shall have (a) makes available the exclusive right, without obligation, to the office tenants of Levi’s Plaza signage space in the two have its name (2including its logo) kiosks located in the Exterior Common Areas displayed on one (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and 1) building-top sign on the Building, provided that Lessee which building-top sign shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, be located on the Directory Kiosk located in front non-glass area of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior northeast portion of the Building and monuments within facing Xxxx Boulevard at the Exterior Common AreasWateridge intersection, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located generally shown on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 Exhibit I (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying LesseeTenant’s name, corporate logo and an advertising slogan (“Atrium Building-Top Signage”), and Landlord shall trim the trees shown on Exhibit I to maximize the visibility of Tenant’s Building Top Signage from Xxxx Boulevard (CC) without limiting Lessee’s obligations pursuant subject to the Side Letter, so long as Lessee, an Affiliate of Lessee terms and conditions set forth below in this Article 37) and such exclusive right shall be conditioned upon Tenant’s (or a Permitted Assignee leases Transferee’s) occupancy of the entire Premises, and (b) the nonexclusive right, without obligation, to have its name (including its logo) displayed on (i) signage at the front of the Building pursuant at the main entrance lobby, (ii) if approved by the City of San Diego and constructed by Landlord, prominently as the first and only signage on the top line of the monument sign located at the main driveway entrance to the LeaseBuilding, Lessee may continue to maintain (iii) prominently as the Banner first and Atrium Signage within only name on the interior top line of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage’s lobby directory, and all (iv) its pro rata portion of any other Project Signage (as that term is defined below) as reasonably determined by Landlord based on Tenant’s Percentage (the signage rights granted to Tenant in the foregoing subsections (a) and (b) shall be collectively referred to herein as “Tenant’s Signage”), subject to the terms and conditions set forth in this Article 37. Tenant hereby acknowledges that, as of the Effective Date, Landlord has not received approval from the City of San Diego (or any other authority with jurisdiction over the Project) for any exterior signage for the Project and, accordingly, Tenant’s right to any such signage (including, without limitation, Tenant’s Signage set forth above) is contingent on such approval. In addition, the signage identified in items specifications of Tenant’s Signage (A)including, (B) without limitation, the dimensions, and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signageconfiguration thereof) shall be subject to Lessor’s the prior approvalwritten approval of Landlord, which approval shall not be unreasonably withheld, provided that such specifications are consistent with Landlord’s sign program for the Project and all applicable Laws. In addition to the foregoing signage rights with respect to the exterior of the Building and the monument signage within the Exterior Common AreasAs used herein, so long as (a) Lessee, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Lease, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plaza, and (c) the Square Footage Threshold (as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s Plaza).

Appears in 1 contract

Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.)

Signage. Paragraph 12 Tenant may install (in accordance with the Article below entitled “Alterations”) in a manner reasonably prescribed by Landlord, and maintain throughout the Term: (a) signage on the side of each Building occupied by Tenant under this Lease, to the extent of Tenant’s Building Share of the First Amendment is deleted in allowable signage on the Building subject to Landlord’s reasonable approval (and if Tenant occupies more than half of a Building, it will be permitted to have its entirety and replaced with signage above all other tenants’ signage on such Building); (b) signage on the provisions side of this Paragraph 8. During Lxxx 1-B to the term extent of Tenant’s Pro Rata Share of the Lease allowable signage on Lxxx 1-B; (Ac) signage identifying Tenant’s name and so long as Lessee corporate logo on the existing Project monument sign at Lxxx Boulevard of a size no greater than Tenant’s Pro Rata Share of the monument signage (and Tenant’s signage on the monument will be the most prominent while Tenant leases at least two hundred fifty thousand 50% of the Rentable Square Feet of the Project); and (250,000d) rentable square feet within the Building, Lessee shall have (x) the exclusive right to erect signage identifying Tenant’s name and maintain signage with its corporate name or logo on the exterior entrance doors to Tenant’s Lxxx 2 lobby and within the Lxxx 2 lobby, which signage rights will be exclusive to Tenant while Tenant leases all of the Building, Phase 1 Premises; and (ye) signage identifying Tenant’s name and corporate logo on the nonexclusive right main entrance to erect Lxxx 1, which signage rights will be exclusive to Tenant while Tenant leases all of Lxxx 1. Tenant’s signage shall comply with all applicable Laws and maintain signage on monuments within the Exterior Common Areas, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, and (B) and so long as Lessee is leasing all of the rentable area in the Building, Lessee shall be entitled to install, maintain and replace signage promoting Lessee’s business on the exterior of the Building and on the Building windows, skylights and atria in locations and of a type deemed appropriate or desirable by Lessee, and (C) to the extent Lessor (in the exercise of Lessor’s sole and absolute discretion) makes available to the office tenants of Levi’s Plaza signage space in the two (2) kiosks located in the Exterior Common Areas (the “Display Kiosks”), Lessee shall be entitled to a portion of such signage space reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building, provided that Lessee shall have no rights to signage in kiosks that are used solely as building directories (a “Directory Kiosk”), including, for example, the Directory Kiosk located in front of the Koshland Building (1160 Battery Street) on the East side of Battery Street. Notwithstanding item (A)(y) above, if Lessee does not lease at least two hundred fifty thousand (250,000) rentable square feet within the Building, at any time, then thereafter Lessee shall only have a nonexclusive right to erect and maintain signage with its corporate name or logo on the exterior of the Building and monuments within the Exterior Common Areas, in each case, in size and location appropriately reflecting Lessee’s proportional occupancy of Levi’s Plaza and the Building. Notwithstanding item (C) above or any current use of the Display Kiosks which is being made by Lessee, Lessee hereby acknowledges and agrees that (1) the primary use of the Display Kiosks is for advertising, promotion and other similar uses and Lessor shall have the right, upon not less than fifteen (15) days prior written notice to Lessee, to require Lessee to remove any or all of Lessee’s signage then located within the Display Kiosks in order to display advertising, promotional materials or for other similar uses, provided, that to the extent Lessor continues (in the exercise of Lessor’s sole and absolute discretion) to make any signage space within the Display Kiosks available to the office tenants of Levi’s Plaza, such signage space made available to office tenants shall be apportioned as provided in item (C) above; provided, further, that Lessor shall not permit any Key Competitors (as defined in and determined pursuant to Paragraph 5(a) above) to display advertisements, promotional materials or similar materials of any such Key Competitor in the Display Kiosks or elsewhere in the Exterior Common Areas or any other areas of Levi’s Plaza under Lessor’s control, and (2) Lessor may, in the exercise of Lessor’s sole and absolute discretion, convert the Display Kiosk located on the East side of Sansome Street in front of the Xxxx Building (1255 Battery Street) to a Directory Kiosk. So long as such kiosk is treated as a Directory Kiosk, Lessee shall have no rights to signage in such kiosk pursuant to the Lease. Lessor and Lessee hereby acknowledge that (AA) pursuant to the terms of that certain Indemnification And Hold Harmless Agreement, dated June 23, 2009 (“Side Letter”), Lessor has agreed to permit Lessee to place a banner upon the exterior of the Building (“Banner”), (BB) Lessor has permitted Lessee to erect and maintain signage within the atrium of the Building consisting of a film coating identifying Lessee’s name, corporate logo and an advertising slogan (“Atrium Signage”), and (CC) without limiting Lessee’s obligations pursuant to the Side Letter, so long as Lessee, an Affiliate of Lessee or a Permitted Assignee leases the entire Building pursuant to the Lease, Lessee may continue to maintain the Banner and Atrium Signage within the interior of the Building, provided, that at any time after the entire Building is no longer leased pursuant to this Lease by either Lessee, an Affiliate of Lessee or a Permitted Assignee, Lessor may (upon not less than fifteen (15) days prior written notice to Lessee) require Lessee to remove such Banner and/or Atrium signage. Lessee shall comply, at its sole cost and expense, with any and all laws, statutes, ordinances and governmental rules, regulations or requirements applicable to such signage, and all such signage (including, without limitation, the signage identified in items (A), (B) and (C) above and any modifications to or replacements for the Banner and/or the Atrium Signage) shall be subject to LessorLandlord’s prior approval, which reasonable approval (provided that Tenant’s signage shall not be unreasonably withheld. In addition required to the foregoing signage rights with respect to the exterior be substantially smaller than its share of the Building and size of signage permitted by applicable Laws). Tenant is responsible for all costs associated with the monument signage within the Exterior Common Areasfabrication, so long as (a) Lesseeinstallation, an Affiliate of Lessee or a Permitted Assignee is the Lessee under the Leasepermitting, (b) Lessee continues to lease at least two hundred ninety thousand (290,000) rentable square feet at Levi’s Plazamaintenance, and removal of its signage (c) the Square Footage Threshold (but may apply its TI Allowance to such costs as defined in Paragraph 3 above) has not been exceeded, Lessee shall have the right to maintain the “Levi’s Plaza” identity with respect to Levi’s Plaza, including all part of the Levi’s Plaza designations currently located on the bus stops and Display Kiosks located within Levi’s Plaza, but expressly excluding the Directory Kiosk located in front of the Xxxx Building on Sansome Street. In the event that any of the conditions contained in the foregoing clauses (a), (b) and (c) are not satisfied, either Lessor or Lessee shall have the right to remove the “Levi” name from the Levi’s Plaza complex (including all of the Levi’s Plaza designations on the bus stops and Display Kiosks located within Levi’s Plaza) at the sole cost and expense of the requesting party, upon which removal all use of the “Levi” name to identify the Property shall cease and Lessor shall thereafter have the right, in its sole and absolute discretion, to rename Levi’s Plaza (including, without limitation, any designations on the bus stops and Display Kiosks located within Levi’s PlazaTI Work).

Appears in 1 contract

Samples: Lease Agreement (Nuvasive Inc)

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