Storage Space. 37.1. Subject to the provisions of this Article 37 and the provisions of Articles 11, 15, 16, and 25 of this Lease, Landlord hereby leases to Tenant approximately 400 RSF of storage space (“Storage Space”) on the Concourse Level of the Building in the approximate location as depicted on Exhibit “H”. 37.2. Tenant’s right to use the Storage Space will commence on the Commencement Date and terminate on the earlier of (i) 30 days’ prior written notice terminating Tenant’s lease of the Storage Space from either Landlord or Tenant to the other, or (ii) the expiration or earlier termination of the Term of this Lease. 37.3. During the Term, monthly rent for the Storage Space will be $500.00 ($15.00 per RSF) (“Storage Space Rent”), which will be payable in advance, without notice, on the first day of each month during the Term, at same place and in the same manner as the payment of Fixed Rent. 37.4. Tenant agrees to pay monthly, as Additional Rent, for electricity service usage by Tenant in the Storage Space, the cost of which is initially estimated to be $1.75 per RSF (per annum). 37.5. Tenant will use the Storage Space only for the storage and use of Tenant’s compressor unit and vacuum system subject to compliance by Tenant with the following conditions: (i) no noise in the Storage Space which, in the reasonable judgment of Landlord, might disturb other tenants or occupants of the Building will be made or permitted by Tenant, (ii) nothing will be done or permitted in the Storage Space by Tenant which would impair or interfere with the use or enjoyment of other portions of the Building by any tenant or occupant thereof, and (iii) the use of Tenant’s compressor in the Storage Space will be permitted by, and will be in compliance with, all applicable Laws. Tenant will use the Storage Space in a careful, safe and proper manner and install, at its sole cost and expense, any sound attenuation measures required to ensure that no noise will emanate from the Storage Space which might disturb other tenants or occupants of the Building. Tenant will not overload the floor of the Storage Space and agrees to be fully liable for any damages or losses sustained by Landlord as a result of any overloading by Tenant. Tenant will pay Landlord on demand for any damage to the Storage Space caused by misuse or abuse by Tenant, its agent or employees, or any other person entering the Storage Space under express or implied invitation of Tenant. Tenant will not utilize or permit the Storage Space to be used for any purposes prohibited by any applicable Laws. Tenant will not commit waste nor permit waste to be committed nor permit any nuisance in the Storage Space. 37.6. Landlord will provide a lock and key for the Storage Space; however, Tenant agrees that all property of Tenant kept, stored, or used in the Storage Space will be at the sole risk of Tenant and that Landlord will not be liable for any injury or damage to such property. Tenant will carry and maintain, at Tenant’s expense, insurance covering all property and equipment stored, used, or both in the Storage Space. On the Commencement Date Tenant will accept the Storage Space in its then “as-is” condition, without any further improvement by Landlord. Landlord makes no warranty or representation that the Storage Space will be suitable for any particular purpose. 37.7. Tenant will not sublease all or a portion of the Storage Space or assign its right to Lease the Storage Space. 37.8. Landlord reserves the right to relocate the Storage Space to substantially comparable space in the Building in close proximity to the Premises provided that the ability of the central utility delivery systems can deliver “product”, e.g., nitrogen gas, compressed air, to Tenant’s laboratory is unaffected by any relocation. Landlord will give Tenant a written notice of its intention to relocate the Storage Space and in such event Tenant will complete a relocation within 30 days after receipt of written notice. Landlord agrees to reimburse Tenant for its actual reasonable moving costs to such other storage space within the Building.
Appears in 1 contract
Storage Space. 37.1. Subject to the provisions of this Article 37 and the provisions of Articles 11, 15, 16, and 25 of this Lease, (a) Landlord hereby leases shall lease to Tenant approximately 400 RSF of and Tenant shall accept from Landlord certain storage space (“Storage Space”) consisting of approximately 1,000 rentable square feet on the Concourse Level garage level of the Building in (the approximate location "Storage Area"), located as depicted shown on Exhibit “H”.
37.2FP-2, attached hereto and made a part hereof. The Storage Area shall be used by Tenant solely for storage purposes as an ancillary use in connection with Tenant’s right to 's use of the Premises. The Storage Space will commence Area shall be held by Tenant commencing on the Commencement Date and terminate on continuing thereafter throughout the earlier Term of this Lease, subject to this Section 2.7. There shall be no additional charges due in respect of Tenant's use of the Storage Space.
(b) During the term of this Lease, the Storage Area shall be occupied by Tenant in accordance with and subject to all of the terms and conditions of this Lease. Without limiting the generality of the foregoing (i) 30 days’ prior written notice terminating Tenant’s lease Tenant shall extend the coverage of the Storage Space from either Landlord or Tenant insurance provided for by Article X of this Lease to the other, or Storage Area; (ii) Tenant shall maintain the Storage Area and repair any damage to the Storage Area caused by Tenant, its agents, contractors or employees; (iii) Landlord shall retain access to the Storage Area and shall be entitled to enter the Storage Area in accordance with the terms and conditions of Article XI; and (iv) upon expiration or earlier termination of the Term of this Lease.
37.3, Tenant shall quit and surrender the same to Landlord, broom clean, and with any damage due to Tenant's use thereof repaired. During the Term, monthly rent for Landlord may require Tenant at its own expense to secure the Storage Space will be $500.00 ($15.00 per RSF) (“Area, but Tenant shall make no other changes to the Storage Space Rent”), which will be payable in advance, Area without notice, on the first day of each month during the Term, at same place and in the same manner as the payment of Fixed Rent.
37.4Landlord's prior written approval. Tenant agrees to pay monthly, as Additional Rent, for electricity service usage by Tenant in that it is accepting the Storage Space, the cost of which is initially estimated to be $1.75 per RSF (per annum).
37.5. Tenant will use the Storage Space only for the storage and use of Tenant’s compressor unit and vacuum system subject to compliance by Tenant with the following conditions: (i) no noise Area in the Storage Space which, in the reasonable judgment of Landlord, might disturb other tenants "as is" condition without representation or occupants of the Building will be made or permitted by Tenant, (ii) nothing will be done or permitted in the Storage Space by Tenant which would impair or interfere with the use or enjoyment of other portions of the Building by any tenant or occupant thereof, and (iii) the use of Tenant’s compressor in the Storage Space will be permitted by, and will be in compliance with, all applicable Laws. Tenant will use the Storage Space in a careful, safe and proper manner and install, at its sole cost and expense, any sound attenuation measures required to ensure that no noise will emanate from the Storage Space which might disturb other tenants or occupants of the Building. Tenant will not overload the floor of the Storage Space and agrees to be fully liable for any damages or losses sustained by Landlord as a result of any overloading by Tenant. Tenant will pay Landlord on demand for any damage to the Storage Space caused by misuse or abuse by Tenant, its agent or employees, or any other person entering the Storage Space under express or implied invitation of Tenant. Tenant will not utilize or permit the Storage Space to be used for any purposes prohibited by any applicable Laws. Tenant will not commit waste nor permit waste to be committed nor permit any nuisance in the Storage Space.
37.6. Landlord will provide a lock and key for the Storage Space; however, Tenant agrees that all property of Tenant kept, stored, or used in the Storage Space will be at the sole risk of Tenant and that Landlord will not be liable for any injury or damage to such property. Tenant will carry and maintain, at Tenant’s expense, insurance covering all property and equipment stored, used, or both in the Storage Space. On the Commencement Date Tenant will accept the Storage Space in its then “as-is” condition, without any further improvement warranty by Landlord. Landlord makes no warranty or representation that the Storage Space will be suitable for any particular purpose.
37.7. Tenant will not sublease all or a portion of the Storage Space or assign its right to Lease the Storage Space.
37.8. Landlord reserves the right to relocate the Storage Space to substantially comparable space in the Building in close proximity to the Premises provided that the ability of the central utility delivery systems can deliver “product”, e.g., nitrogen gas, compressed air, to Tenant’s laboratory is unaffected by any relocation. Landlord will give Tenant a written notice of its intention to relocate the Storage Space and in such event Tenant will complete a relocation within 30 days after receipt of written notice. Landlord agrees to reimburse Tenant for its actual reasonable moving costs to such other storage space within the Building.
Appears in 1 contract
Storage Space. 37.1. Subject to the provisions of this Article 37 and the provisions of Articles 11, 15, 16, and 25 of this Lease, (a) Landlord hereby leases shall lease to Tenant approximately 400 RSF of and Tenant shall accept from Landlord certain storage space (“Storage Space”) consisting of approximately 1,000 rentable square feet on the Concourse Level garage level of the Building in (the approximate location “Storage Area”), located as depicted shown on Exhibit “H”.
37.2FP-2, attached hereto and made a part hereof. The Storage Area shall be used by Tenant solely for storage purposes as an ancillary use in connection with Tenant’s right to use of the Premises. The Storage Space will commence Area shall be held by Tenant commencing on the Commencement Date and terminate on continuing thereafter throughout the earlier Term of this Lease, subject to this Section 2.7. There shall be no additional charges due in respect of Tenant’s use of the Storage Space.
(b) During the term of this Lease, the Storage Area shall be occupied by Tenant in accordance with and subject to all of the terms and conditions of this Lease. Without limiting the generality of the foregoing (i) 30 days’ prior written notice terminating Tenant’s lease Tenant shall extend the coverage of the Storage Space from either Landlord or Tenant insurance provided for by Article X of this Lease to the other, or Storage Area; (ii) Tenant shall maintain the Storage Area and repair any damage to the Storage Area caused by Tenant, its agents, contractors or employees; (iii) Landlord shall retain access to the Storage Area and shall be entitled to enter the Storage Area in accordance with the terms and conditions of Article XI; and (iv) upon expiration or earlier termination of the Term of this Lease.
37.3, Tenant shall quit and surrender the same to Landlord, broom clean, and with any damage due to Tenant’s use thereof repaired. During the Term, monthly rent for Landlord may require Tenant at its own expense to secure the Storage Space will be $500.00 ($15.00 per RSF) (“Area, but Tenant shall make no other changes to the Storage Space Rent”), which will be payable in advance, Area without notice, on the first day of each month during the Term, at same place and in the same manner as the payment of Fixed Rent.
37.4Landlord’s prior written approval. Tenant agrees to pay monthly, as Additional Rent, for electricity service usage by Tenant in that it is accepting the Storage Space, the cost of which is initially estimated to be $1.75 per RSF (per annum).
37.5. Tenant will use the Storage Space only for the storage and use of Tenant’s compressor unit and vacuum system subject to compliance by Tenant with the following conditions: (i) no noise Area in the Storage Space which, in the reasonable judgment of Landlord, might disturb other tenants or occupants of the Building will be made or permitted by Tenant, (ii) nothing will be done or permitted in the Storage Space by Tenant which would impair or interfere with the use or enjoyment of other portions of the Building by any tenant or occupant thereof, and (iii) the use of Tenant’s compressor in the Storage Space will be permitted by, and will be in compliance with, all applicable Laws. Tenant will use the Storage Space in a careful, safe and proper manner and install, at its sole cost and expense, any sound attenuation measures required to ensure that no noise will emanate from the Storage Space which might disturb other tenants or occupants of the Building. Tenant will not overload the floor of the Storage Space and agrees to be fully liable for any damages or losses sustained by Landlord “as a result of any overloading by Tenant. Tenant will pay Landlord on demand for any damage to the Storage Space caused by misuse or abuse by Tenant, its agent or employees, or any other person entering the Storage Space under express or implied invitation of Tenant. Tenant will not utilize or permit the Storage Space to be used for any purposes prohibited by any applicable Laws. Tenant will not commit waste nor permit waste to be committed nor permit any nuisance in the Storage Space.
37.6. Landlord will provide a lock and key for the Storage Space; however, Tenant agrees that all property of Tenant kept, stored, or used in the Storage Space will be at the sole risk of Tenant and that Landlord will not be liable for any injury or damage to such property. Tenant will carry and maintain, at Tenant’s expense, insurance covering all property and equipment stored, used, or both in the Storage Space. On the Commencement Date Tenant will accept the Storage Space in its then “as-is” condition, condition without any further improvement representation or warranty by Landlord. Landlord makes no warranty or representation that the Storage Space will be suitable for any particular purpose.
37.7. Tenant will not sublease all or a portion of the Storage Space or assign its right to Lease the Storage Space.
37.8. Landlord reserves the right to relocate the Storage Space to substantially comparable space in the Building in close proximity to the Premises provided that the ability of the central utility delivery systems can deliver “product”, e.g., nitrogen gas, compressed air, to Tenant’s laboratory is unaffected by any relocation. Landlord will give Tenant a written notice of its intention to relocate the Storage Space and in such event Tenant will complete a relocation within 30 days after receipt of written notice. Landlord agrees to reimburse Tenant for its actual reasonable moving costs to such other storage space within the Building.
Appears in 1 contract
Storage Space. 37.1(a) During the term of this lease, Tenant shall be entitled to use the space (hereinafter referred to as the "STORAGE SPACE") located in the basement of the Building as set forth on Exhibit I annexed hereto and made a part hereof. The agreed rentable square foot area of the Storage Space shall be deemed to be 2,400 rentable square feet.
(b) Tenant's use of the Storage Space shall be upon, and subject to, all of the terms, covenants and conditions contained in this lease, except that:
(i) Section 2.01 shall be deemed amended with respect to the Storage Space to allow Tenant's use thereof solely as storage space to be used in conjunction with the business conducted in the Demised Premises and for the storage of bicycles, on a daily basis.
(ii) Tenant agrees to take possession of the Storage Space in its "as is" condition, the parties hereto agreeing that Landlord shall not be obligated to perform, or to pay the cost and expense of performing, any work in the Storage Space to prepare the same for Tenant's occupancy.
(iii) Subject to the provisions of Section 16.04, Landlord, at its expense, shall provide electricity to the light fixtures, if any, presently existing in the Storage Space and Tenant shall not utilize any equipment which consumes electricity in the Storage Space.
(iv) The following provisions of this lease shall be inapplicable to the Storage Space and shall be deemed deleted from the lease with respect to the Storage Space:
(A) Articles 4, 5, 9 (except as set forth in Subsection (vi) below), and 17;
(B) Sections 1.04, 16.01-16.03 and 16.07-16.08 and 18.02-18.05.
(v) For purposes of this Article 37 43 and with respect to the Storage Space, all references in Section 18.01 of this lease to elevator service shall be deemed to refer to freight elevator service, it being acknowledged by Tenant that only freight elevator service is available to the floor on which the Storage Space is situated and only such freight elevator(s) may be used, in accordance with the applicable provisions of this lease, to bring the bicycles set forth above to and from the Storage Space.
(vi) Notwithstanding anything in this lease to the contrary, the Storage Space may not be sublet, either in whole or in part, except in connection with a valid subletting of all or a portion of the Demised Premises in accordance with the terms of this lease, and shall not be assigned except in connection with a valid assignment of this lease in accordance with the terms of this lease, provided, however, that in either such case and notwithstanding anything to the contrary, the provisions of Articles 11, 15, 16, and 25 Article 9 of this Leaselease shall be applicable to such assignment or subletting.
(c) In the event that, at any time during the term of this lease, Landlord hereby leases shall, in its sole discretion, desire to Tenant approximately 400 RSF of storage space (“Storage Space”) on the Concourse Level of the Building in the approximate location as depicted on Exhibit “H”.
37.2. Tenant’s right to use relocate the Storage Space will commence on the Commencement Date and terminate on the earlier of (i) 30 days’ prior or any portion thereof, Landlord shall send written notice terminating thereof (hereinafter referred to as the "RELOCATION NOTICE") to Tenant by certified mail, return receipt requested, which Relocation Notice shall be sent to Tenant together with a floor plan of the space in the Building to which the Storage Space (or any portion thereof) is to be relocated (hereinafter referred to as the "NEW STORAGE SPACE") and which New Storage Space shall have a rentable area equal to the rentable area of Storage Space (or any portion thereof) being relocated. Promptly after Tenant’s lease 's receipt of the Relocation Notice, Tenant shall quit and surrender the Storage Space (or such portion being relocated) to Landlord and move all of the contents of the Storage Space from either Landlord (or such portion being relocated) into the New Storage Space at Landlord's sole and reasonable cost and expense.
43.02 Tenant shall pay to the otherLandlord, or (ii) the expiration or earlier termination on account of the Term of this Lease.
37.3. During the TermStorage Space, monthly rent for the Storage Space will be $500.00 ($15.00 per RSF) (“Storage Space Rent”), which will be payable in advance, without noticeas additional rent, on the first day of each month during the Termterm of this lease the amount of $38,400.00 per annum ($3,200.00 per month) commencing on the 17th Floor Commencement Date (as defined in Section 1.03) through the day next preceding the fifth (5th) anniversary of the 17th Floor Rent Commencement Date, at same place both dates inclusive, and the amount of $43,200.00 per annum ($3,600.00 per month) from the fifth (5th) anniversary of the 17th Floor Rent Commencement Date and continuing thereafter throughout the remainder of the initial term of this lease. In the event Tenant exercises the Renewal Option, the amount of such additional rent with respect to the Storage Space shall be determined in the same manner as the payment of Fixed Rent.
37.4. Tenant agrees to pay monthly, as Additional Rent, for electricity service usage by Tenant in the Storage Space, the cost of which is initially estimated to Renewal Rent but shall not be less than $1.75 per RSF (43,200.00 per annum).
37.5. Tenant will use the Storage Space only for the storage and use of Tenant’s compressor unit and vacuum system subject to compliance by Tenant with the following conditions: (i) no noise in the Storage Space which, in the reasonable judgment of Landlord, might disturb other tenants or occupants of the Building will be made or permitted by Tenant, (ii) nothing will be done or permitted in the Storage Space by Tenant which would impair or interfere with the use or enjoyment of other portions of the Building by any tenant or occupant thereof, and (iii) the use of Tenant’s compressor in the Storage Space will be permitted by, and will be in compliance with, all applicable Laws. Tenant will use the Storage Space in a careful, safe and proper manner and install, at its sole cost and expense, any sound attenuation measures required to ensure that no noise will emanate from the Storage Space which might disturb other tenants or occupants of the Building. Tenant will not overload the floor of the Storage Space and agrees to be fully liable for any damages or losses sustained by Landlord as a result of any overloading by Tenant. Tenant will pay Landlord on demand for any damage to the Storage Space caused by misuse or abuse by Tenant, its agent or employees, or any other person entering the Storage Space under express or implied invitation of Tenant. Tenant will not utilize or permit the Storage Space to be used for any purposes prohibited by any applicable Laws. Tenant will not commit waste nor permit waste to be committed nor permit any nuisance in the Storage Space.
37.6. Landlord will provide a lock and key for the Storage Space; however, Tenant agrees that all property of Tenant kept, stored, or used in the Storage Space will be at the sole risk of Tenant and that Landlord will not be liable for any injury or damage to such property. Tenant will carry and maintain, at Tenant’s expense, insurance covering all property and equipment stored, used, or both in the Storage Space. On the Commencement Date Tenant will accept the Storage Space in its then “as-is” condition, without any further improvement by Landlord. Landlord makes no warranty or representation that the Storage Space will be suitable for any particular purpose.
37.7. Tenant will not sublease all or a portion of the Storage Space or assign its right to Lease the Storage Space.
37.8. Landlord reserves the right to relocate the Storage Space to substantially comparable space in the Building in close proximity to the Premises provided that the ability of the central utility delivery systems can deliver “product”, e.g., nitrogen gas, compressed air, to Tenant’s laboratory is unaffected by any relocation. Landlord will give Tenant a written notice of its intention to relocate the Storage Space and in such event Tenant will complete a relocation within 30 days after receipt of written notice. Landlord agrees to reimburse Tenant for its actual reasonable moving costs to such other storage space within the Building.
Appears in 1 contract
Samples: Lease Agreement (Bolt Inc)
Storage Space. 37.1. Subject to 29.1 Tenant shall lease from Landlord during the provisions of this Article 37 and the provisions of Articles 11Lease Term, 15, 16, and 25 of this Lease, Landlord hereby leases to Tenant approximately 400 RSF one thousand (1,000) square feet of storage space as depicted on Exhibit P attached hereto (the “Storage Space”) ). Commencing on the Concourse Level of Lease Commencement Date, Tenant shall pay the Building in the approximate location as depicted on Exhibit “H”.
37.2. Tenant’s right to use the annual rent for such Storage Space will commence on the Commencement Date and terminate on the earlier of (iset forth in Section 1.5(b) 30 days’ prior written notice terminating Tenant’s lease of the hereof. The annual rent payable for such Storage Space from either Landlord or Tenant to the other, or (ii) the expiration or earlier termination of the Term of this Lease.
37.3. During the Term, monthly rent for the Storage Space will be $500.00 ($15.00 per RSF) (“Storage Space Rent”), which will shall be payable in advance, without notice, equal monthly installments in advance on the first day of each month during month. Except as otherwise specified in this Section, all of the Termterms, covenants, conditions and provisions of this Lease, except those contained in Section 5.1 and Exhibit B, shall apply to such Storage Space. Landlord shall, at same place and in the same manner as the payment of Fixed Rent.
37.4. Tenant agrees to pay monthly, as Additional Rent, for electricity service usage by Tenant in the Storage Space, the cost of which is initially estimated to be $1.75 per RSF (per annum).
37.5. Tenant will use the Storage Space only for the storage and use of TenantLandlord’s compressor unit and vacuum system subject to compliance by Tenant with the following conditions: (i) no noise in the Storage Space which, in the reasonable judgment of Landlord, might disturb other tenants or occupants of the Building will be made or permitted by Tenant, (ii) nothing will be done or permitted in the Storage Space by Tenant which would impair or interfere with the use or enjoyment of other portions of the Building by any tenant or occupant thereof, and (iii) the use of Tenant’s compressor in the Storage Space will be permitted by, and will be in compliance with, all applicable Laws. Tenant will use the Storage Space in a careful, safe and proper manner and install, at its sole cost and expense, any sound attenuation measures required to ensure that no noise will emanate from partition the Storage Space which might disturb other tenants or occupants of the Building. Tenant will not overload the floor perimeter boundaries of the Storage Space with wire mesh, and agrees to be fully liable provide lighting and a wire mesh door, with building standard lock set (keyed for any damages or losses sustained by Landlord as a result of any overloading by Tenant. Tenant will pay Landlord on demand for any damage to ’s use only), and fit out the Storage Space caused as required by misuse or abuse by TenantLaw (including sprinklers), its agent or employees, or but Landlord shall not be obligated to provide any other person entering the alterations or improvements to or for such Storage Space. In addition, Landlord shall not be obligated to furnish any utilities or services to such Storage Space under express or implied invitation of Tenant. Tenant will not utilize or permit the Storage Space to be used except for any purposes prohibited by any applicable Laws. Tenant will not commit waste nor permit waste to be committed nor permit any nuisance in electricity reasonably sufficient for lighting the Storage Space.
37.6. Landlord will provide Tenant shall use any such Storage Space exclusively for storage purposes consistent with a lock first-class office building and key for the no other use or purpose and otherwise in accordance with this Lease (and in no event shall employees of Tenant or other persons occupy or work from such Storage Space; however). Furthermore, in no event shall Tenant agrees store food, food products or other materials that all property of Tenant kept, stored, may attract rodents or used in the Storage Space will be at the sole risk of Tenant and that Landlord will not be liable for any injury or damage to such property. Tenant will carry and maintain, at Tenant’s expense, insurance covering all property and equipment stored, used, or both other pests in the Storage Space. On Landlord shall have the Commencement Date Tenant will accept right to change the Storage Space in its then “as-is” condition, without any further improvement by Landlord. Landlord makes no warranty or representation that the Storage Space will be suitable for any particular purpose.
37.7. Tenant will not sublease all or a portion location and configuration of the Storage Space or assign its right from time to Lease time, provided that: (i) Landlord shall provide Tenant with substitute space of similar nature and size elsewhere in the Building, which will not be any less than approximately 1,000 square feet (the “Substitute Storage Space”), (ii) Landlord shall provide Tenant no less than thirty (30) days advance written notice of the date Tenant must vacate the existing Storage Space, (iii) Landlord shall cause, at Landlord’s sole cost (and not as an Operating Expense) to be fit-out and constructed in substantially the same condition as the initial Storage Space, (iv) in no event will Tenant’s rent for the Storage Space.
37.8. Space increase, and (v) Landlord reserves shall, at Landlord’s expense, move the right to relocate items stored in the Storage Space to substantially comparable space in the Building in close proximity Substitute Storage Space. Upon Landlord’s request, Tenant shall promptly execute a reasonably acceptable amendment to the Premises provided that Lease identifying the ability of the central utility delivery systems can deliver “product”, e.g., nitrogen gas, compressed air, to Tenant’s laboratory is unaffected by any relocation. Landlord will give Tenant a written notice of its intention to relocate the Substitute Storage Space and in such event Tenant will complete a relocation within 30 days after receipt of written notice. Landlord agrees to reimburse Tenant for its actual reasonable moving costs to such other storage space within the BuildingSpace.
Appears in 1 contract
Storage Space. 37.1A. Landlord hereby demises and leases to Tenant, and Tenant hereby leases from Landlord, the Storage Space for a term commencing as of June 11, 2012 (“Storage Space Commencement Date”) and terminating on the earlier of: (x) the date thirty (30) days after Tenant gives Landlord a written termination notice (“Storage Space Termination Notice”), or (y) September 30, 2015. Subject Said demise of the Storage Space shall be upon all of the terms and conditions of the Lease applicable to the Existing Premises, except to the extent inconsistent with the provisions of this Article 37 and the provisions of Articles 11, 15, 16, and 25 of this Lease, Landlord hereby leases to Tenant approximately 400 RSF of storage space (“Storage Space”) on the Concourse Level of the Building in the approximate location as depicted on Exhibit “H”Third Amendment.
37.2. Tenant’s right B. Notwithstanding anything to use the contrary herein contained, Tenant shall take the Storage Space will commence on “as-is”, in the Commencement Date and terminate on condition in which the earlier of (i) 30 days’ prior written notice terminating Tenant’s lease Storage Space is in as of the Storage Space from either Commencement Date, without any obligation on the part of Landlord to prepare or Tenant to the other, or (ii) the expiration or earlier termination of the Term of this Lease.
37.3. During the Term, monthly rent for construct the Storage Space will be $500.00 ($15.00 per RSF) (“Storage Space Rent”), which will be payable in advance, for Tenant’s occupancy and without notice, on any warranty or representation by Landlord as to the first day condition of each month during the Term, at same place and in the same manner as the payment of Fixed Rent.
37.4. Tenant agrees to pay monthly, as Additional Rent, for electricity service usage by Tenant in the Storage Space, the cost of which is initially estimated to be $1.75 per RSF (per annum).
37.5. Tenant will use the Storage Space only for the storage and use of Tenant’s compressor unit and vacuum system subject to compliance by Tenant C. The Base Rent with the following conditions: (i) no noise in the Storage Space which, in the reasonable judgment of Landlord, might disturb other tenants or occupants of the Building will be made or permitted by Tenant, (ii) nothing will be done or permitted in the Storage Space by Tenant which would impair or interfere with the use or enjoyment of other portions of the Building by any tenant or occupant thereof, and (iii) the use of Tenant’s compressor in the Storage Space will be permitted by, and will be in compliance with, all applicable Laws. Tenant will use the Storage Space in a careful, safe and proper manner and install, at its sole cost and expense, any sound attenuation measures required to ensure that no noise will emanate from the Storage Space which might disturb other tenants or occupants of the Building. Tenant will not overload the floor of the Storage Space and agrees to be fully liable for any damages or losses sustained by Landlord as a result of any overloading by Tenant. Tenant will pay Landlord on demand for any damage respect to the Storage Space caused by misuse or abuse by Tenantshall be $[***] per year (i.e., its agent or employees, or $[***] per month).
D. Landlord shall have no obligation to provide any other person entering services to the Storage Space under express or implied invitation of Tenant. Tenant will not utilize or permit other than electricity for the Storage Space to be used for any purposes prohibited by any applicable Laws. Tenant will not commit waste nor permit waste to be committed nor permit any nuisance electric lighting fixture in the Storage Space.
37.6. Landlord will provide a lock and key for the Storage Space; however, E. Tenant agrees that all property of Tenant kept, stored, or used in shall use the Storage Space will be for storage purposes in connection with its use of the Premises demised under the Lease and for no other purposes whatsoever.
X. Xxxxxxxx reserves the right, from time to time, upon not less than thirty (30) days’ notice to Tenant, and at the sole risk of Tenant Landlord’s cost and that Landlord will not be liable for any injury or damage to such property. Tenant will carry and maintain, at Tenant’s expense, insurance covering all property and equipment stored, used, or both in the Storage Space. On the Commencement Date to require Tenant will accept the Storage Space in its then “as-is” condition, without any further improvement by Landlord. Landlord makes no warranty or representation that the Storage Space will be suitable for any particular purpose.
37.7. Tenant will not sublease all or a portion of the Storage Space or assign its right to Lease the Storage Space.
37.8. Landlord reserves the right to relocate from the Storage Space to substantially comparable space another area in the Building in close proximity of substantially equivalent size to the Premises provided that the ability of the central utility delivery systems can deliver “product”Storage Space, e.g., nitrogen gas, compressed air, to Tenant’s laboratory is unaffected as reasonably designated by any relocation. Landlord will give Tenant a written notice of its intention to relocate the Storage Space and in such event Tenant will complete a relocation within 30 days after receipt of written notice. Landlord agrees to reimburse Tenant for its actual reasonable moving costs to such other storage space within the BuildingLandlord.
Appears in 1 contract
Samples: Datacenter Lease (Carbonite Inc)
Storage Space. 37.1. Subject (i) Tenant shall have the Option to lease, on the provisions terms of this Article 37 and Section 9(c), storage space on the provisions Basement floor of Articles 11, 15, 16, and 25 of this Lease, Landlord hereby leases to Tenant approximately 400 RSF of the Building which storage space (the “Storage Space”) on shall be identified in accordance with this Section 9(c), for a term (the Concourse Level “Storage Term”) that is coterminous with the Term, unless earlier terminated. If Tenant wishes to lease storage space, Tenant shall so inform Landlord in writing, and within thirty (30) days thereafter, Landlord shall inform Tenant in writing of the Building in the approximate location as depicted on Exhibit “H”.
37.2. and configuration of storage space, if any, which is then available for Tenant’s right to use (the “Storage Space Availability Notice”). Within thirty (30) days after receipt of the Storage Space will commence Availability Notice, Tenant may by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or all of the storage space offered in the Storage Space Availability Notice, as specified by Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space shall be leased on the Commencement Date and terminate terms of this Section 9(c) for a term commencing on the earlier of (i) 30 days’ prior written notice terminating Tenant’s date specified in the Storage Space Exercise Notice. Tenant shall have the right to terminate its lease of the Storage Space from either Landlord (or Tenant discreet portions thereof) upon thirty (30) days’ notice to the other, or Landlord.
(ii) The Storage Space shall will be delivered in its “as-is” condition and be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space 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 Landlord’s insurance coverage. Without limitation, Tenant shall not 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 reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights to the Term Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of this Leaseall personalty and other items placed therein by or on behalf of Tenant.
37.3. During the Term, monthly rent (iii) Tenant shall pay Rent for the Storage Space will be $500.00 ($15.00 per RSF) (“Storage Space Rent”)) at a rental rate, which will be throughout the Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance, without notice, advance on or before the first day of each month. Any partial month during the Term, at same place and shall be appropriately prorated. All Storage Rent shall be payable in the same manner as the payment of Fixed Rentthat Base Rent is payable hereunder.
37.4(iv) Except as otherwise provided herein, all terms and provisions of the Lease shall be applicable to the Storage Space, except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant agrees shall not be entitled to pay monthlyany allowances, as Additional Rentrent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for electricity service usage by Tenant 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, the cost of which it being understood that Tenant is initially estimated to be $1.75 per RSF (per annum).
37.5. Tenant will use using the Storage Space only for at its own risk, except to the storage extent any loss or liability results from the negligence or willful misconduct of Landlord or its employees, agents or contractors (and use in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s compressor unit and vacuum system subject to compliance by Share nor shall Tenant with the following conditions: (i) no noise in the Storage Space which, in the reasonable judgment of Landlord, might disturb other tenants or occupants of the Building will be made or permitted by Tenant, (ii) nothing will be done or permitted in the Storage Space by Tenant which would impair or interfere with the use or enjoyment of other portions of the Building by any tenant or occupant thereof, and (iii) the use of Tenant’s compressor in the Storage Space will be permitted by, and will be in compliance with, all applicable Laws. Tenant will use the Storage Space in a careful, safe and proper manner and install, at its sole cost and expense, any sound attenuation measures required to ensure that no noise will emanate from the Storage Space which might disturb other tenants pay Operating Expenses, Insurance Expenses or occupants of the Building. Tenant will not overload the floor of the Storage Space and agrees to be fully liable for any damages or losses sustained by Landlord as a result of any overloading by Tenant. Tenant will pay Landlord on demand for any damage to the Storage Space caused by misuse or abuse by Tenant, its agent or employees, or any other person entering the Storage Space under express or implied invitation of Tenant. Tenant will not utilize or permit the Storage Space to be used for any purposes prohibited by any applicable Laws. Tenant will not commit waste nor permit waste to be committed nor permit any nuisance Property Taxes in connection with the Storage Space.
37.6. (v) At any time and from time to time, Landlord will provide a lock and key for the Storage Space; however, Tenant agrees that all property of Tenant kept, stored, or used in the Storage Space will be at the sole risk of Tenant and that Landlord will not be liable for any injury or damage to such property. Tenant will carry and maintain, at Tenant’s expense, insurance covering all property and equipment stored, used, or both in the Storage Space. On the Commencement Date Tenant will accept the Storage Space in its then “as-is” condition, without any further improvement by Landlord. Landlord makes no warranty or representation that the Storage Space will be suitable for any particular purpose.
37.7. Tenant will not sublease all or a portion of the Storage Space or assign its right to Lease the Storage Space.
37.8. Landlord reserves shall have the right to relocate the Storage Space to substantially comparable space in a new location which shall be no smaller than the Building in close proximity to the Premises provided that the ability square footage of the central utility delivery systems can deliver “product”, e.g., nitrogen gas, compressed air, to Tenant’s laboratory is unaffected by any relocation. Landlord will give Tenant a written notice of its intention to relocate the Storage Space and in such event Tenant will complete a relocation within 30 days after receipt of written noticeno less accessible or usable than the Storage Space. Landlord agrees to reimburse Tenant for its actual shall pay the direct, out-of-pocket, reasonable moving costs to expenses of such other storage space within the Buildingrelocation.
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Storage Space. 37.1. Subject to the provisions of this Article 37 and the provisions of Articles 11, 15, 16, and 25 of this Lease, 36.01 Landlord hereby leases to Tenant shall provide approximately 400 RSF 5,000 rentable square feet of storage space (“Storage Space”) on in the Concourse Level basement level of the Building ("Storage Space"), for Tenant's "dead file storage". Notwithstanding anything to the contrary, the rights and obligations under this Article 36 are based upon, and subject to, the following:
(a) The Storage Space shall be used only in the approximate location as depicted on Exhibit “H”accordance with all applicable laws, statutes and codes.
37.2. Tenant’s right to use (b) The Base Rent for the Storage Space will commence on shall be at the Commencement Date rate of $5.00 per rentable square foot per annum (following the first four Rent Years during which no Base Rent for the Storage Space shall be due), subject to increase under Articles 6 and terminate on 7 hereof as though the earlier Storage Space originally had been included and leased under this Lease.
(c) Tenant may not sublease or assign the Storage Space except to a party to whom or which Tenant may have subleased all of the Demised Premises in accordance with this Lease.
(id) 30 days’ prior written notice terminating Tenant’s lease The terms and conditions of the leasing of the Storage Space from either Landlord or Tenant shall be as follows, except to the otherextent that the parties otherwise mutually agree:
(i) The Storage Space shall be delivered to Tenant "as is" and in the same condition in which any prior tenant vacated it, and none of Landlord's obligations under Article 4 or elsewhere in this Lease, regarding improvement of any space shall be applicable. Tenant shall be responsible to secure the Storage Space, subject to Landlord's approval not to be unreasonably withheld.
(ii) The term of the expiration or earlier termination leasing of Storage Space shall be the same as the Term of this Lease.
37.3. During the Term, monthly rent for the Storage Space will be $500.00 ($15.00 per RSF) (“Storage Space Rent”), which will be payable in advance, without notice, on the first day of each month during the Term, at same place and in the same manner as the payment of Fixed Rent.
37.4. Tenant agrees to pay monthly, as Additional Rent, for electricity service usage by Tenant in the Storage Space, the cost of which is initially estimated to be $1.75 per RSF (per annum).
37.5. Tenant will use the Storage Space only for the storage and use of Tenant’s compressor unit and vacuum system subject to compliance by Tenant with the following conditions: (i) no noise in the Storage Space which, in the reasonable judgment of Landlord, might disturb other tenants or occupants of the Building will be made or permitted by Tenant, (ii) nothing will be done or permitted in the Storage Space by Tenant which would impair or interfere with the use or enjoyment of other portions of the Building by any tenant or occupant thereof, and (iii) the use No credit against (or contribution towards) cost of Tenant’s compressor in the Storage Space will improvements or other items shall be permitted by, and will be in compliance with, all applicable Laws. Tenant will use the Storage Space in a careful, safe and proper manner and install, at its sole cost and expense, any sound attenuation measures required to ensure that no noise will emanate from the Storage Space which might disturb other tenants or occupants of the Building. Tenant will not overload the floor of the Storage Space and agrees to be fully liable for any damages or losses sustained by Landlord as a result of any overloading by Tenant. Tenant will pay Landlord on demand for any damage to the Storage Space caused by misuse or abuse by Tenant, its agent or employees, or any other person entering the Storage Space under express or implied invitation of Tenant. Tenant will not utilize or permit the Storage Space to be used for any purposes prohibited by any applicable Laws. Tenant will not commit waste nor permit waste to be committed nor permit any nuisance in the Storage Space.
37.6. Landlord will provide a lock and key for the Storage Space; however, Tenant agrees that all property of Tenant kept, stored, or used in the Storage Space will (iv) The term "Demised Premises" shall be at the sole risk of Tenant and that Landlord will not be liable for any injury or damage deemed to such property. Tenant will carry and maintain, at Tenant’s expense, insurance covering all property and equipment stored, used, or both in the Storage Space. On the Commencement Date Tenant will accept the Storage Space in its then “as-is” condition, without any further improvement by Landlord. Landlord makes no warranty or representation that the Storage Space will be suitable for any particular purpose.
37.7. Tenant will not sublease all or a portion of the Storage Space or assign its right to Lease include the Storage Space.
37.8. Landlord reserves the right to relocate the Storage Space to substantially comparable space in the Building in close proximity to the Premises provided that the ability of the central utility delivery systems can deliver “product”, e.g., nitrogen gas, compressed air, to Tenant’s laboratory is unaffected by any relocation. Landlord will give Tenant a written notice of its intention to relocate the Storage Space and in such event Tenant will complete a relocation within 30 days after receipt of written notice. Landlord agrees to reimburse Tenant for its actual reasonable moving costs to such other storage space within the Building.
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