Storage Space. a. Landlord shall provide Tenant with a license to use space (“Storage Space”) for the storage of Tenant’s furniture and equipment for a time period (the “Storage Space Period”) beginning upon the date of surrender of the 1380 Willow Premises (other than the 1380 Datacenter) ________________________ *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. and ending upon the earliest to occur of (i) September 30, 2017, (ii) the date that Tenant informs Landlord it no longer requires the Storage Space and (iii) the date that all of the Leases are terminated due to Tenant’s default. The initial Storage Space shall be the 1180 Xxxxxxxx Premises. Within a reasonable period prior to Tenant’s surrender of the 1003-1005 Xxxxxxxx Premises, additional storage space (the “Additional Storage Space”) to be designated by Landlord shall be added to the Storage Space for the storage of Tenant’s furniture and equipment located in the 1003-1005 Xxxxxxxx Premises. The Additional Storage Space shall consist of at least 11,000 square feet of warehouse space and may be at a location other than the Industrial Center (so long as it is within a five (5) mile radius of the Industrial Center) and shall be available through the end of the Storage Space Period. Landlord may designate alternative Storage Space within a five (5) mile radius of the Industrial Center (the “Relocated Storage Space”) that is not smaller than the Storage Space from time to time upon sixty (60) days’ notice to Tenant. Landlord shall reimburse Tenant for all of the actual out-of-pocket costs reasonably incurred by Tenant to move its furniture and equipment (i) from the 1380 Willow Premises and the 1003-1005 Xxxxxxxx Premises to the Storage Space and (ii) from the Storage Space to any Relocated Storage Space; provided that all such costs must be approved by Landlord in writing prior to the commencement of any moving work. b. Except to the extent caused by the gross active or gross passive negligence or willful misconduct of Landlord or any Landlord Entity, Tenant shall protect, defend, indemnify, and hold Landlord and Landlord Entities harmless from and against any and all loss, claims, liability, or costs (including court costs and reasonable attorneys’ fees) incurred in connection with the use of the Storage Space (and Additional Storage Space, if applicable) and movement of Tenant’s furniture and equipment.
Appears in 1 contract
Samples: Lease Amendment Agreement (Pacific Biosciences of California, Inc.)
Storage Space. a. Effective as of the Fifth Expansion Space Effective Date, Landlord shall provide leases to Tenant with a license to use space and Tenant leases from Landlord approximately 491 square feet on the first floor of the Garage and known Storage Room No. 1 (the “Storage Space”) for on the storage of Tenant’s furniture following terms and equipment for a time period conditions (the “Storage Space PeriodLease”) beginning upon the date of surrender of the 1380 Willow Premises (other than the 1380 Datacenter) ________________________ *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. and ending upon the earliest to occur of ):
(i) September 30the term of the Storage Space Lease shall be one year commencing on the Fifth Expansion Space Effective Date and thereafter on a month-to-month basis, 2017, provided that in no event shall such term extend beyond the expiration or earlier termination of the Lease (as amended by this Fifth Amendment);
(ii) Tenant shall pay to Landlord as additional rent under the date that Tenant informs Landlord it no longer requires Lease for the Storage Space Lease the sum of $491.00 per month subject to increase by six percent (6%) effective each January 1 during the term of the Storage Space Lease. Such sum shall be due and payable on or before the first day of each calendar month during the term of the Storage Space Lease, concurrently with the payment of monthly installments of Annual Base Rent, provided that such Storage Space rent shall be prorated for any partial calendar month at the beginning or end of the term of the Storage Space Lease;
(iii) the date that all of the Leases are terminated due to Tenant’s default. The initial Storage Space shall be used only for the 1180 Xxxxxxxx Premisesstorage of non-perishable personal property normally used in Tenant’s office operations and for no other purpose whatsoever. Within a reasonable period prior In no event shall Tenant store any toxic or hazardous materials in the Storage Space;
(iv) Landlord shall not be obligated to supply any heat, ventilation, air conditioning, water, janitorial service, cleaning or any other utility or service to the Storage Space. Tenant shall be responsible at its expense for any of the foregoing which it desires;
(v) The provisions of the Lease applicable to Tenant’s maintenance, indemnification, hold harmless, insurance, holdover and surrender obligations, and waiver of the 1003-1005 Xxxxxxxx Premisesclaims provisions, additional storage space (the “Additional Storage Space”) to be designated by Landlord shall be added apply as well to the Storage Space (for the storage of Tenant’s furniture and equipment located in the 1003-1005 Xxxxxxxx Premises. The Additional Storage Space shall consist of at least 11,000 square feet of warehouse space and may be at a location other than the Industrial Center (so long as it is within a five (5) mile radius of the Industrial Center) and shall be available through the end duration EAST\73391178.1 4 of the Storage Space Period. Landlord may designate alternative Storage Space within a five (5) mile radius of the Industrial Center (the “Relocated Storage Space”) that is not smaller than Lease), and for such purposes the Storage Space from time to time upon sixty (60) days’ notice to Tenant. Landlord shall reimburse Tenant for all be considered part of the actual out-of-pocket costs reasonably incurred by Premises;
(vi) As of the Fifth Expansion Effective Date, Tenant to move its furniture and equipment (i) from the 1380 Willow Premises and the 1003-1005 Xxxxxxxx Premises to accepts the Storage Space and (ii) from in its “AS IS” “WHERE IS” condition without any agreements, representations, understandings or obligations on the Storage Space to any Relocated Storage Space; provided that all such costs must be approved by Landlord in writing prior to the commencement of any moving work.
b. Except to the extent caused by the gross active or gross passive negligence or willful misconduct part of Landlord to perform any alterations, repairs or any Landlord Entity, Tenant shall protect, defend, indemnify, and hold Landlord and Landlord Entities harmless from and against any and all loss, claims, liability, or costs (including court costs and reasonable attorneys’ fees) incurred in connection with the use of the Storage Space (and Additional Storage Space, if applicable) and movement of Tenant’s furniture and equipmentimprovements thereto.
Appears in 1 contract
Samples: Office Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Storage Space. a. A. Landlord shall provide leases to Tenant with a license to use and Tenant accepts the space containing approximately 41 square feet described as Suite No. D-4(C) on the D level of the Building garage, as shown on Exhibit D attached hereto (the “Storage Space”), for the term (the “Storage Term”) commencing March 1, 2007 (“Storage Commencement Date”) and ending 1 month thereafter on March 31, 2007 (“Storage Expiration Date”). The Storage Term shall automatically renew for consecutive periods of one (1) month each until terminated by either party with at least 30 days’ advance written notice of termination delivered to the other party. Any such termination shall be effective as of the termination date specified in such notice. Notwithstanding anything to the contrary contained herein, if the Lease or Tenant’s right to possession of the Premises thereunder terminates prior to the Storage Expiration Date, as same may be extended herein, then the Storage Expiration Date shall be such earlier termination date.
B. The Storage Space shall be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s furniture business, and equipment for a time period (the “Storage Space Period”) beginning upon the date of surrender of the 1380 Willow Premises (no other than the 1380 Datacenter) ________________________ *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commissionpurpose whatsoever. Confidential treatment has been requested with respect Tenant agrees to the omitted portions. and ending upon the earliest to occur of (i) September 30, 2017, (ii) the date that Tenant informs Landlord it no longer requires keep the Storage Space in a neat and (iii) orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. Landlord shall have the date that all right to designate the location within the Storage Space of any items to be placed therein. All items stored in the Leases are terminated due to Tenant’s default. The initial Storage Space shall be elevated at least 6 inches above the 1180 Xxxxxxxx Premises. Within a reasonable period prior to Tenant’s surrender floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the 1003-1005 Xxxxxxxx Premises, additional storage space (the “Additional Storage Space”) to be designated by Landlord , if any. Tenant shall be added to not store anything in the Storage Space for the storage which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of TenantLandlord’s furniture and equipment located in the 1003-1005 Xxxxxxxx Premisesinsurance coverage. The Additional Storage Space Without limitation, Tenant shall consist of at least 11,000 square feet of warehouse space and may be at a location other than the Industrial Center (so long as it is within a five (5) mile radius of the Industrial Center) and shall be available through the end of the Storage Space Periodnot store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord may designate alternative Storage Space within a five (5) mile radius reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Industrial Center (the “Relocated Storage Space”) that is not smaller than the Storage Space from time to time upon sixty (60) days’ notice time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant. Landlord , ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
C. Tenant shall reimburse Tenant pay rent for all the Storage Space (“Storage Base Rent”) as follows: Storage Term (including any automatic renewal period(s)) $ 17.00 $ 58.08 All such Storage Base Rent shall be payable in the same manner that Base Rent is payable under the Lease.
D. All terms and provisions of the actual outLease shall be applicable to the Storage Space, including, without limitation, Section 13 (Indemnity and Waiver of Claims) and Section 14 (Tenant’s Insurance), except that Landlord need not supply air-of-pocket costs reasonably incurred by Tenant to move its furniture and equipment (i) from the 1380 Willow Premises and the 1003-1005 Xxxxxxxx Premises cooling, heat, water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and (ii) Tenant shall not be entitled to any work allowances, rent credits, expansion rights or renewal rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk. The Storage Space shall not be included in the determination of Tenant’s Pro Rata Share under the Lease nor shall Tenant be required to pay Expenses in connection with the Storage Space.
E. Tenant agrees to accept the Storage Space in its condition and “as-built” configuration existing on the earlier of the date Tenant takes possession of the Storage Space or the Storage Commencement Date.
F. At any time and from time to time, Landlord shall have the right to relocate the Storage Space to any Relocated a new location which shall be no smaller than the square footage of the Storage Space; provided that . Landlord shall pay the direct, out-of-pocket, reasonable expenses of such relocation.
G. Storage Base Rent is deemed Rent under the Lease.
H. If Tenant assigns the Lease or sublets all such costs must be approved by Landlord in writing prior or any part of the Premises, Landlord, at its option, may terminate Tenant’s rights to the commencement Storage Space effective as of any moving work.
b. Except 30 days after notice to Tenant. Additionally, notwithstanding anything set forth in Section 11 of the Lease to the extent caused by the gross active or gross passive negligence or willful misconduct of Landlord or any Landlord Entitycontrary, Tenant shall protectnot, defendwithout the prior written consent of Landlord, indemnifywhich consent may be withheld in Landlord’s sole discretion, and hold Landlord and Landlord Entities harmless from and against assign, sublease, transfer or encumber the Storage Space or grant any and all losslicense, claims, liability, concession or costs (including court costs and reasonable attorneys’ fees) incurred in connection with other right of occupancy or permit the use of the Storage Space (and Additional Storage Space, if applicable) and movement of by any party other than Tenant’s furniture and equipment.
Appears in 1 contract
Storage Space. a. Landlord shall provide Tenant has the option to lease from Landlord, for a term coterminous with a license this Lease, approximately 513 rentable square feet of storage space in the Building known as Spaces H (91 square feet), I (130 square feet), and D (292 square feet) in three (3) separate locations as shown on Exhibit K to use space this Lease (the “Storage Space”) for the purpose of general office storage of Tenant’s furniture use and equipment for a time period (the “Storage Space Period”) beginning upon the date of surrender of the 1380 Willow Premises (no other than the 1380 Datacenter) ________________________ *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commissionpurpose. Confidential treatment has been requested with respect to the omitted portions. and ending upon the earliest to occur of (i) September 30, 2017, (ii) the date that Tenant informs Landlord it no longer requires shall pay as Additional Rent for the Storage Space and the amount of $1.00 per square foot per month, (iiiwith such amount increasing by three percent (3%) each Lease Year). Such rent shall be payable on or before the date that all first (1st) day of each month during the Term in the manner set forth in this Lease. Tenant shall not permit the use or occupancy of the Leases are terminated due Storage Space by any person or entity other than Tenant, its agents or employees. Tenant hereby accepts the Storage Space in its “AS IS” broom clean condition and agrees that Landlord shall have no obligation to Tenant’s defaultmake any improvements to the Storage Space. Either Tenant or Landlord shall have the right to terminate the lease of the Storage Space upon thirty (30) days prior written notice to Landlord in the case of termination by Tenant and ninety (90) days prior written notice to Tenant in the case of termination by Landlord. Tenant shall have the option of terminating the lease of the Storage Space as to any of the three (3) locations without terminating the lease of all such locations. The initial lease of the Storage Space shall be governed by all of the 1180 Xxxxxxxx other terms and conditions of the Lease including, but not limited to, the indemnity and insurance provisions set forth in Paragraphs 9A. and 8 respectively, except as otherwise set forth in this Paragraph 31 A and except that the square footage of the Storage Space shall not be used in calculating Base Rent for the Premises, Additional Rent, or any Tenant Improvement Allowance hereunder or any other calculation based upon the rentable square footage of the Premises. Within Tenant hereby agrees to provide Landlord with a reasonable period certificate evidencing insurance coverage of the Storage Space prior to Tenant’s surrender of the 1003-1005 Xxxxxxxx Premises, additional storage space (the “Additional Storage Space”) to be designated by Landlord shall be added to the Storage Space for the storage of Tenant’s furniture and equipment located in the 1003-1005 Xxxxxxxx Premises. The Additional Storage Space shall consist of at least 11,000 square feet of warehouse space and may be at a location other than the Industrial Center (so long as it is within a five (5) mile radius of the Industrial Center) and shall be available through the end occupancy of the Storage Space PeriodSpace. Landlord may designate alternative Storage Space within a five (5) mile radius of the Industrial Center (the “Relocated Storage Space”) that is not smaller than the Storage Space from time will provide utilities for lighting to time upon sixty (60) days’ notice to Tenant. Landlord shall reimburse Tenant for all of the actual out-of-pocket costs reasonably incurred by Tenant to move its furniture and equipment (i) from the 1380 Willow Premises and the 1003-1005 Xxxxxxxx Premises to the Storage Space and (ii) from the Storage Space to any Relocated Storage Space; provided that all such costs must be approved by Landlord in writing prior to the commencement of any moving workstorage space.
b. Except to the extent caused by the gross active or gross passive negligence or willful misconduct of Landlord or any Landlord Entity, Tenant shall protect, defend, indemnify, and hold Landlord and Landlord Entities harmless from and against any and all loss, claims, liability, or costs (including court costs and reasonable attorneys’ fees) incurred in connection with the use of the Storage Space (and Additional Storage Space, if applicable) and movement of Tenant’s furniture and equipment.
Appears in 1 contract
Samples: Office Lease (TRX Inc/Ga)
Storage Space. a. Provided that Tenant provides written notice to Landlord shall provide Tenant with a license to use space (“Storage Space”) for the storage of Tenant’s furniture desire to lease storage space no later than thirty (30) days prior to the Commencement Date, then, commencing on the Commencement Date, and equipment continuing for a time period (the “Storage Space Period”) beginning upon the date of surrender balance of the 1380 Willow Premises Term (other except as provided below in this Paragraph 6(M)), Tenant shall have the right to lease and utilize an amount of storage space not less than 10,000 square feet of Rentable Area and not in excess of Tenant’s Pro Rata Share of all storage space located in the 1380 DatacenterBuilding and being made available for tenant usage (so long as not less than 10,000 square feet of Rentable Area of storage space is made available to Tenant as aforesaid), which storage space need not be contiguous (but will be four (4) ________________________ *** Certain information on this page has been omitted or fewer spaces of no less than 1,500 square feet of Rentable Area each), but shall be secure (i.e., having a lockable entrance), ventilated, heated and filed separately lighted space located in a portion of the Building designated by Landlord with reasonable access to and from the Securities Tenant Freight Elevator and Exchange Commissionthe Tenant Staging Area. Confidential treatment has been requested with respect Landlord shall have the right to relocate any such storage space from time to time to another location at the omitted portions. and ending Building reasonably acceptable to Tenant upon the earliest not less than sixty (60) days prior written notice thereof to occur of Tenant, so long as (i) September 30, 2017the substitute space is of reasonably comparable size to the space being so relocated, (ii) the date that Tenant informs Landlord it no longer requires substitute space meets all of the Storage Space criteria described in this Paragraph 6(M), and (iii) Landlord is responsible, at its expense, for moving all items being stored in the date that relocated space to the applicable substitute storage space, as well as for the security and condition of any and all items being so moved during the course of such move, and in such event, Landlord shall indemnify and hold Tenant harmless from and against, and shall compensate Tenant for, any and all loss or damage to any of the Leases items so moved, to the extent such loss or damage occurred during the course of such move. Tenant shall use such storage space for purposes of storing files, records, furniture, equipment, supplies, attic stock and materials of the type customarily used by office building tenants, and for no other purposes. Landlord shall provide services to such storage space as are terminated due customarily provided to storage space in comparable Class A office buildings in downtown Chicago. Tenant shall pay Rent for such storage space at the gross rental rate (i.e., there shall be no Operating Expenses or Taxes separately payable for any such storage space) of $17.00 per square foot of Rentable Area thereof, increased on a cumulative, compounding basis commencing on the first day of the second Lease Year by two and one-half percent (2.5%) annually. Tenant’s default. The initial Storage Space use of such storage space shall be the 1180 Xxxxxxxx Premises. Within a subject to such reasonable period prior to Tenant’s surrender of the 1003-1005 Xxxxxxxx Premises, additional storage space (the “Additional Storage Space”) to be designated by rules and regulations as Landlord shall be added to the Storage Space for the storage of Tenant’s furniture and equipment located in the 1003-1005 Xxxxxxxx Premises. The Additional Storage Space shall consist of at least 11,000 square feet of warehouse space and may be at a location other than the Industrial Center (so long as it is within a five (5) mile radius of the Industrial Center) and shall be available through the end of the Storage Space Period. Landlord may designate alternative Storage Space within a five (5) mile radius of the Industrial Center (the “Relocated Storage Space”) that is not smaller than the Storage Space from time to time may promulgate on a non-discriminatory basis, and, at Landlord’s request, the parties shall enter into a separate storage space lease in form and substance reasonably satisfactory to Landlord and Tenant, which shall be consistent with the terms of this Paragraph 6(M) and the terms of this Lease, and shall not impose any additional duties, obligations or liabilities upon sixty Tenant (60except to a de minimis extent). Tenant may elect at any time upon at least thirty (30) days’ prior written notice to Landlord to surrender to Landlord as of the last day of a calendar month thereafter any demisable portion of such storage space (i.e., meaning space which Landlord reasonably determines is capable of being demised as storage space to another tenant without additional cost to separately demise the same being imposed on Landlord) which has access to the Common Areas of the Building. In the event that Tenant does not elect to lease Tenant. ’s Pro Rata Share of the storage space at the Building effective as of the Commencement Date as provided above, but thereafter notifies Landlord that Tenant desires to lease any such storage space, Landlord shall reimburse give Tenant for all notice if any storage space at the Building is available (or when any additional storage space in the Building will become available), and Tenant shall have the right to lease the same upon the terms (including the then escalated rental rates, continuing to escalate as and when described above) set forth above commencing on the first day designated by Tenant on which such space is (or so becomes) available. Without limitation of the actual out-of-pocket costs reasonably incurred by Tenant to move its furniture foregoing, and equipment (i) from the 1380 Willow Premises and the 1003-1005 Xxxxxxxx Premises in addition to the Storage Space storage rights otherwise provided above in this Paragraph 6(M), it is agreed that Tenant shall lease as storage space during the Term, at the Rent rates and other terms otherwise described above in this Paragraph 6(M) relative to other storage space at the Building, such portion of the space on the 5th floor of the Building depicted as being part of the Initial Premises on Exhibit A-1 attached hereto as may be designated by Tenant, by written notice thereof delivered to Landlord on or before December 31, 2005 (ii) from time being of the Storage Space to any Relocated Storage Spaceessence); provided that all in no event shall Tenant have the right to designate as such costs must storage space on the 5th floor any area which would result in less than 10,000 square feet of Rentable Area, in the aggregate, remaining as part of the Initial Premises hereunder on the 4th and 5th floors of the Building. In the event that Tenant fails to so timely deliver its notice as described in the preceding sentence, then the entire area on the 5th floor which is designated on Exhibit A-1 as the 5th floor portion of the Premises shall continue to be approved leased as part of the Initial Premises hereunder. The actual Rentable Area of any storage space so designated by Landlord in writing prior Tenant on the 5th floor shall be determined pursuant to the commencement Measurement Method and as part of the determination of all Rentable Area under this Lease. Tenant shall have no right to surrender any moving work.
b. Except such 5th floor storage space to Landlord at any time during the Term, notwithstanding anything contained herein to the extent caused by the gross active or gross passive negligence or willful misconduct of Landlord or any Landlord Entity, Tenant shall protect, defend, indemnify, and hold Landlord and Landlord Entities harmless from and against any and all loss, claims, liability, or costs (including court costs and reasonable attorneys’ fees) incurred in connection with the use of the Storage Space (and Additional Storage Space, if applicable) and movement of Tenant’s furniture and equipmentcontrary.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Storage Space. a. A. Subject to availability and the rights of existing tenants of the Buildings, if any, and after written request from Tenant, Landlord shall provide lease to Tenant with a license up to use 300 square feet of storage space (“the "Storage Space”"). The Storage Space rental rate per square foot of the Storage Space ("Storage Space Rental") initially shall be Fourteen Dollars ($14.00) per usable square foot per month for the Lease Term, and shall thereafter be adjusted from time to time by Landlord to reflect market rates. Storage Space Rental shall be payable in advance on or before the first day of each month of the Storage Term. Any initial or final month shall be prorated. The Lease Term for the Storage Space shall be coterminous with the Term of the Premises. The Storage Space shall be used by Tenant for the storage of furniture, equipment, inventory or other non- perishable items normally used in Tenant’s furniture and equipment for a time period 's business (the “Storage Space Period”) beginning upon the date exclusive of surrender of the 1380 Willow Premises (other than the 1380 Datacenter) ________________________ *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect any items or materials which may be deemed to be hazardous to the omitted portionsenvironment or hazardous to human life or safety), and for no other purpose whatsoever. and ending upon the earliest Tenant agrees to occur of (i) September 30, 2017, (ii) the date that Tenant informs Landlord it no longer requires keep the Storage Space in a neat and (iii) orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. Landlord shall have the date that all right to designate the location within the Storage Space of any items to be placed therein. All items stored in the Leases are terminated due to Tenant’s default. The initial Storage Space shall be elevated at least six inches above the 1180 Xxxxxxxx Premises. Within a reasonable period prior to Tenant’s surrender floor on wooden pallets, and shall be at least eighteen inches below the bottom of all sprinklers located in the ceiling of the 1003-1005 Xxxxxxxx Premises, additional storage space (the “Additional Storage Space”) to be designated by Landlord , if any. Tenant shall be added to not store anything in the Storage Space for the storage which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord's insurance rates, or cause a cancellation or modification of Tenant’s furniture and equipment located in the 1003-1005 Xxxxxxxx PremisesLandlord's insurance coverage. The Additional Storage Space Without limitation, Tenant shall consist of at least 11,000 square feet of warehouse space and may be at a location other than the Industrial Center (so long as it is within a five (5) mile radius of the Industrial Center) and shall be available through the end of the Storage Space Periodnot store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord's prior written approval. Landlord may designate alternative Storage Space within a five (5) mile radius reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Industrial Center (the “Relocated Storage Space”) that is not smaller than the Storage Space from time to time upon sixty time.
B. All terms and provisions of this Lease shall be applicable to the Storage Space, including, without limitation, Article 13 (60Indemnity and Waiver of Claims) days’ notice to and Article 14 (Tenant. 's Insurance), except that Landlord shall reimburse Tenant for all of the actual outneed not supply air-of-pocket costs reasonably incurred by Tenant to move its furniture and equipment (i) from the 1380 Willow Premises and the 1003-1005 Xxxxxxxx Premises cooling, heat, water, janitorial service, cleaning, window washing or electricity to the Storage Space and (ii) Tenant shall not be entitled to any work allowances, rent credits, expansion rights or renewal rights with respect to the Storage Space unless such concessions or rights are specifically provided for in the Lease with respect to the Storage Space.
C. Tenant agrees to accept the Storage Space in its condition and "as-built" configuration existing on the earlier of the date Tenant takes possession of the Storage Space or the Storage Commencement Date.
D. At any time and from time to time, Landlord shall have the right to relocate the Storage Space to any Relocated a new location which shall be no smaller than the square footage of the Storage Space; provided that all . Landlord shall pay the direct, out-of- pocket, reasonable expenses of such costs must be approved by Landlord in writing prior to the commencement of any moving workrelocation.
b. Except to E. Storage Space Rental is deemed Rent under the extent caused by Lease.
F. Notwithstanding anything set forth in Article 11 of the gross active or gross passive negligence or willful misconduct of Landlord or any Landlord EntityLease, Tenant shall protectnot, defendwithout the prior written consent of Landlord, indemnifywhich consent may be withheld in Landlord's sole discretion, and hold Landlord and Landlord Entities harmless from and against assign, sublease, transfer or encumber the Storage Space or grant any and all losslicense, claims, liability, concession or costs (including court costs and reasonable attorneys’ fees) incurred in connection with other right of occupancy or permit the use of the Storage Space (and Additional Storage Space, if applicable) and movement of by any party other than Tenant’s furniture and equipment.
Appears in 1 contract
Storage Space. a. Section 32.1 Landlord shall provide Tenant with hereby grants to Tenant, for Tenant’s own use and not for resale purposes, a license of area up to use space two thousand (2000) gross square feet in the Building as determined by Landlord in Landlord’s judgment from time to time (the “Storage Space”) for the dry storage of Tenant’s furniture Property and equipment for no other purpose pursuant to the terms and conditions of this Article 32 commencing from the time Landlord notifies Tenant in writing of the Storage Space location (“Storage Space Commencement Date”) through the Term or earlier termination of this Lease
Section 32.2 Tenant shall pay a time period license fee to Landlord for the Storage Space, as Additional Rent in advance on the first day of each month during the Term, in the amount of six and 50/100 dollars ($6.50) per gross square foot per annum (the “Storage Space PeriodRent”) beginning upon the date of surrender of the 1380 Willow Premises (other than the 1380 Datacenter) ________________________ *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. and ending upon the earliest to occur of (i) September 30, 2017, (ii) the date that Tenant informs Landlord it no longer requires the Storage Space and (iii) Commencement Date through the date that all Term or- earlier- termination of this Lease. The Storage Space Rent shall increase on each anniversary of the Leases are terminated due Commencement Date by an amount equal to three percent (3.0%) of the Storage Space Rent, notwithstanding the fact that Tenant may not elect to use the Storage Space immediately upon the Commencement Date. For purposes of this Lease, Storage Space Rent shall be deemed to be included as Additional Rent hereunder.
Section 32.3 Tenant shall be responsible, at Tenant’s defaultsole cost and expense, to cage off that certain area encompassing the Storage Space from the rest of the Building and to construct an entrance into the Storage Space from the Premises. The initial Tenant acknowledges and agrees the Storage Space shall have one single point of entry through the Premises only.
Section 32.4 Landlord may at its option, at any time during the Term upon not less than thirty (30) days prior notice to Tenant (except in the event of an emergency) relocate the Storage Space to another area in, on or adjacent to the Building designated by Landlord, at Tenant’s sole cost and expense.
Section 32.5 For purposes of this Lease and except as otherwise set forth in this Article 32, the Storage Space shall be the 1180 Xxxxxxxx Premises. Within a reasonable period prior deemed to Tenant’s surrender be included as part of the 1003-1005 Xxxxxxxx Premises and Tenant shall have all those respective obligations regarding the Storage Space as set forth herein for the Premises, additional storage space (including, but not limited to, insurance requirements, maintenance obligations, access rights, and the “Additional Storage Space”) to be designated by like. Tenant acknowledges and agrees Landlord shall be added will not provide any services to the Storage Space for the storage of Space, however, Landlord will cooperate with Tenant’s furniture and equipment located , at no cost to Landlord, to aid Tenant in the 1003-1005 Xxxxxxxx Premises. The Additional Storage Space shall consist of at least 11,000 square feet of warehouse space and may be at a location other than the Industrial Center (so long as it is within a five (5) mile radius of the Industrial Center) and shall be available through the end of the Storage Space Period. Landlord may designate alternative Storage Space within a five (5) mile radius of the Industrial Center (the “Relocated Storage Space”) that is not smaller than the Storage Space from time to time upon sixty (60) days’ notice to Tenant. Landlord shall reimburse Tenant for all of the actual out-of-pocket costs reasonably incurred by Tenant to move its furniture and equipment (i) from the 1380 Willow Premises and the 1003-1005 Xxxxxxxx Premises obtaining any requested utilities to the Storage Space and (ii) from the Storage Space to any Relocated Storage Space; provided that all such costs must be approved by Landlord in writing prior to the commencement of any moving work.
b. Except to the extent caused by the gross active or gross passive negligence or willful misconduct of Landlord or any Landlord Entity, Tenant shall protect, defend, indemnify, and hold Landlord and Landlord Entities harmless from and against any and all loss, claims, liability, or costs (including court costs and reasonable attorneys’ fees) incurred in connection with the use of the Storage Space (and Additional Storage Space, if applicable) and movement of all at Tenant’s furniture sole cost and equipmentexpense.
Appears in 1 contract
Samples: Lease Agreement (Rackspace Inc)
Storage Space. a. A. Landlord shall provide lease to Tenant with a license up to use 1,500 square feet of storage space (“the "Storage Space”"). The Storage Space rental rate per square foot of the Storage Space ("Storage Space Rental") shall be Sixteen Dollars ($16.00) per usable square foot per month for the first year after the Commencement Date and shall thereafter be adjusted from time to time by Landlord to reflect market rates. Storage Space Rental shall be payable in advance on or before the first day of each month of the Storage Term. Any initial or final month shall be prorated. The Lease Term for the Storage Space shall be coterminous with the Term of the Premises, provided that Tenant shall have the right to terminate the term of the Storage Space lease upon thirty (30) days' prior written notice to Landlord at any time during the Lease Term. The Storage Space shall be used by Tenant for the storage of furniture, equipment, inventory or other non- perishable items normally used in Tenant’s furniture and equipment for a time period 's business (the “Storage Space Period”) beginning upon the date exclusive of surrender of the 1380 Willow Premises (other than the 1380 Datacenter) ________________________ *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect any items or materials which may be deemed to be hazardous to the omitted portionsenvironment or hazardous to human life or safety), and for no other purpose whatsoever. and ending upon the earliest Tenant agrees to occur of (i) September 30, 2017, (ii) the date that Tenant informs Landlord it no longer requires keep the Storage Space in a neat and (iii) orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. Landlord shall have the date that all right to designate the location within the Storage Space of any items to be placed therein. All items stored in the Leases are terminated due to Tenant’s default. The initial Storage Space shall be elevated at least six inches above the 1180 Xxxxxxxx Premises. Within a reasonable period prior to Tenant’s surrender floor on wooden pallets, and shall be at least eighteen inches below the bottom of all sprinklers located in the ceiling of the 1003-1005 Xxxxxxxx Premises, additional storage space (the “Additional Storage Space”) to be designated by Landlord , if any. Tenant shall be added to not store anything in the Storage Space for the storage which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord's insurance rates, or cause a cancellation or modification of Tenant’s furniture and equipment located in the 1003-1005 Xxxxxxxx PremisesLandlord's insurance coverage. The Additional Storage Space Without limitation, Tenant shall consist of at least 11,000 square feet of warehouse space and may be at a location other than the Industrial Center (so long as it is within a five (5) mile radius of the Industrial Center) and shall be available through the end of the Storage Space Periodnot store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord's prior written approval. Landlord may designate alternative Storage Space within a five (5) mile radius reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Industrial Center (the “Relocated Storage Space”) that is not smaller than the Storage Space from time to time upon sixty (60) days’ notice to Tenant. Landlord shall reimburse Tenant for all of the actual out-of-pocket costs reasonably incurred by Tenant to move its furniture and equipment (i) from the 1380 Willow Premises and the 1003-1005 Xxxxxxxx Premises to the Storage Space and (ii) from the Storage Space to any Relocated Storage Space; provided that all such costs must be approved by Landlord in writing prior to the commencement of any moving worktime.
b. Except to the extent caused by the gross active or gross passive negligence or willful misconduct of Landlord or any Landlord Entity, Tenant shall protect, defend, indemnify, and hold Landlord and Landlord Entities harmless from and against any and all loss, claims, liability, or costs (including court costs and reasonable attorneys’ fees) incurred in connection with the use of the Storage Space (and Additional Storage Space, if applicable) and movement of Tenant’s furniture and equipment.
Appears in 1 contract
Storage Space. a. Landlord shall provide hereby grants to Tenant with a license to use that certain storage space in the basement of the Building more precisely shown on Exhibit A-3 attached hereto and made a part hereof (“"Storage Space”") consisting of approximately 3,050 rentable square feet. The term of such license shall commence on the Commencement Date or any earlier date specified in a notice from Tenant to Landlord and shall continue for ten (10) years after the storage Commencement Date or until such earlier time as this Lease shall terminate or Tenant shall vacate the Premises or the Storage Space. During the term of Tenant’s furniture and equipment for this license, Tenant shall pay Landlord a time period monthly fee of $1.25 per rentable square foot ($3,812.50 per month), on or before the “Storage Space Period”) beginning upon first day of each calendar month during such term. Any initial or final partial month shall be prorated. Tenant may reduce the date amount of surrender of the 1380 Willow Premises (other than the 1380 Datacenter) ________________________ *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. and ending upon the earliest to occur of (i) September 30, 2017, (ii) the date that Tenant informs Landlord it no longer requires the Storage Space and (iii) the date that all by at least 30 days prior written notice to Landlord, which reduction shall be effective as of the Leases are terminated due last day of a calendar month, as designated in the notice. Any additional storage space which Tenant desires to occupy (including but not limited to storage space originally subject to the license but then eliminated therefrom pursuant to a reduction notice, as set forth in the immediately preceding sentence), shall be subject to availability, as reasonably determined by Landlord, and if the space requested by Tenant is not configured as required by Tenant’s default, Tenant shall pay all reasonable costs of reconfiguring 1888 Century Park East [SCPIE Holdings Lease] 45 such space. The initial Tenant shall use the Storage Space for purposes of storing equipment, inventory or other items normally used in Tenant's business. All items stored in the Storage Space shall be elevated at least six inches (6") above the 1180 Xxxxxxxx Premises. Within a reasonable period prior to Tenant’s surrender floor on wooden pallets, and shall be at least eighteen inches (18") below the bottom of all sprinklers located in the ceiling of the 1003-1005 Xxxxxxxx Premises, additional storage space (the “Additional Storage Space”) to , if any. Any boxes shall not be designated by Landlord stacked more than 7 feet high. Tenant shall be added to not store anything in the Storage Space for the storage which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord's insurance rates, or cause a cancellation or modification of Tenant’s furniture and equipment located in the 1003-1005 Xxxxxxxx PremisesLandlord's insurance coverage. The Additional Storage Space Without limitation, Tenant shall consist of at least 11,000 square feet of warehouse space and may be at a location other than the Industrial Center (so long as it is within a five (5) mile radius of the Industrial Center) and shall be available through the end of the Storage Space Periodnot store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord's prior written approval. Landlord may designate alternative Storage Space within a five (5) mile radius reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Industrial Center (the “Relocated Storage Space”) that is not smaller than the Storage Space from time to time upon sixty (60) days’ notice to Tenanttime. Landlord shall reimburse Tenant for all of the actual out-of-pocket costs reasonably incurred by Tenant to move its furniture and equipment (i) from the 1380 Willow Premises and the 1003-1005 Xxxxxxxx Premises to the Storage Space and (ii) from the Storage Space to any Relocated Storage Space; provided that all such costs must be approved by Landlord in writing prior to the commencement of any moving work.
b. Except to the extent caused by the gross active or gross passive negligence or willful misconduct of Landlord or any Landlord Entity, Tenant shall protectproperly and at all times comply with all applicable ordinances, defendrules, indemnifyregulations, codes, laws, statutes and hold Landlord requirements of all federal, state, county and Landlord Entities harmless from and against any and all loss, claims, liability, municipal governmental bodies or costs (including court costs and reasonable attorneys’ fees) incurred in connection with their subdivisions respecting the use of the Storage Space. Tenant shall not, without the prior written consent of Landlord, assign, mortgage, pledge, hypothecate, encumber or permit any liens to attach to, or otherwise transfer, the Storage Space (and Additional or any interest therein, by operation of law or otherwise, nor sublet the Storage Space, nor permit the use thereof by any parties other than Tenant and its employees. Any such transfer without Landlord's prior written consent shall, at Landlord's option, be null, void and of no effect. Landlord agrees not to unreasonably withhold consent to any such transfer if applicable) it is made in connection with a Transfer pursuant to Article 21 of this Lease, and movement the Storage Space shall be deemed assigned to any assignee of Tenant’s furniture 's entire interest in this Lease pursuant to such Article 21, and equipmentsuch assignee shall be deemed to have assumed all obligations with respect thereto, but Tenant shall not be released from any such obligations. Landlord may, at its option, upon at least 30 days' advance written notice to Tenant, change the Storage Space hereunder to other storage space at the Property comparable to the Storage Space herein. Tenant agrees to accept the Storage Space "as is", and Landlord shall have no obligation to maintain or repair the same. Tenant shall extend all of its insurance policies required under this Lease to include the Storage Space, and the property to be located therein. Upon request, Tenant shall provide Landlord with certificates or other satisfactory evidence of such insurance. Landlord shall have no liability whatsoever for any damage to property or any other items located in the Storage Space, nor for any personal injuries or death arising out of any matter relating to the Storage Space, and in all events, Tenant agrees to look first to its insurance carrier for payment of any losses sustained in connection with Tenant's use of the Storage Space. More particularly, but without limitation, Landlord shall have no liability for loss of or damage to any property by theft, vandalism, fire, explosion, falling plaster, steam, gas, electricity, water, rain, bursting of pipes, seepage, dampness, or any other cause. Tenant hereby waives on behalf of its insurance carriers all rights of subrogation against Landlord and its agents. If Tenant shall default under this Article 32, 1888 Xxxxxxx Xxxx Xxxx [SCPIE Holdings Lease] 46 Landlord shall have the right to cancel this Storage Space license on ten (10) days' written notice, unless within such ten (10) day period, Tenant cures such default. Such cancellation right shall be cumulative and in addition to any other rights or remedies available to Landlord at law or equity, or provided under this Lease.
Appears in 1 contract
Samples: Office Lease (Scpie Holdings Inc)