Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy of the Temporary Space shall be subject to all of the terms and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; and
Appears in 4 contracts
Samples: Lease Agreement (Irobot Corp), Lease Agreement (Irobot Corp), Lease Agreement (Irobot Corp)
Temporary Space. Upon reasonable prior notice from Tenant Notwithstanding any contrary provision of this Lease, but subject to Landlordthe terms of this Section 2, Landlord agrees with respect to provide Tenant with temporary space the period commencing on the date hereof and expiring five (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (605) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on after the Commencement Date (the “Temporary Space Term”) only, the term “Premises,” as defined in the first sentence of Section 1.2.2 of this Lease. Tenant's occupancy , shall be deemed to include, in addition to the space expressly described in such definition, the approximately 5,246 rentable square feet of space known as Suite 300, located on the third floor of the Building as shown on Exhibit F-1 to this Lease (the “Temporary Space”), and the Temporary Space shall be subject to all of the terms and conditions provisions of this Lease; provided, however, that: (i) the date described in Section 1.3.3 of this Lease shall not apply to the extent appropriateTemporary Space, except and the Expiration Date with respect to the Temporary Space shall be five (5) days after the Commencement Date; (ii) Tenant shall not be required to pay Base Rent for the Temporary Space, and the schedule of Base Rent set forth in Section 1.4 of this Lease shall not apply to the Temporary Space (provided, however, that (i) Annual Fixed solely for purposes of Section 16 of this Lease, Tenant shall be deemed to be required to pay Base Rent for the Temporary Space shall be payable at the annual rate equal per rentable square foot set forth in Section 1.4 of this Lease); (iii) Tenant shall not be required to the product pay Tenant’s Share of (x) $4.00 Expenses and (y) the rentable floor area of Taxes for the Temporary Space, and the percentage set forth in Section 1.6 of this Lease shall not apply to the Temporary Space; (iiiv) for Tenant shall not be entitled to receive any allowance, abatement or other financial concession in connection with the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 Temporary Space that is being granted with respect to the Temporary Space, the "Rentable Floor Area balance of the Premises" ; and, for purposes of Exhibit B to this Lease, the Premises shall be deemed to be the rentable floor area of exclude the Temporary Space Space; and (iiiv) the Temporary Space shall not be delivered subject to any renewal or expansion right of Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect theretounder this Lease. In additionWithout limiting the foregoing, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components upon the expiration of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance Term, all provisions (including Sections 8, U and 16) of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, this Lease that would apply to the place Premises upon the expiration of beginning. For Title see Deed recorded this Lease with respect to the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at Premises shall apply to the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTemporary Space.
Appears in 3 contracts
Samples: Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.)
Temporary Space. Upon reasonable prior notice from Landlord and Tenant acknowledge and agree that Tenant is currently occupying temporary space in the Project commonly known as Suite 150 in one of the Other Buildings in the Project located at 00000 Xxxxxxx Xxxxxx Xxxxx (the “Temporary Space”) pursuant to that certain license agreement dated as of February 18, 2014, by and between Landlord’s affiliate Xxxxxx Xxxxxx Owner A., L.L.C., a Delaware limited liability company (as licensor) and Tenant (as licensee) (the “License Agreement”). Landlord agrees and Tenant acknowledge and agree that Tenant intends to provide Tenant with temporary rent furniture and furniture systems for the Temporary space (the "Temporary Space") on either the second floor of Building A “Furniture”). So long as Tenant is not in default under this Lease or the second floor License Agreement (beyond the expiration of Building B of a size all applicable notice and in a location to be mutually agreed upon by Landlord and Tenant for a period of time cure periods), commencing no earlier than sixty (60) days from on the commencement date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy ’s leasing of the Temporary Space shall be subject to all Furniture and continuing until that date which is thirty (30) days after the expiration of the terms and conditions Term of this Lease the License Agreement, Landlord shall reimburse to the extent appropriate, except that Tenant an amount not to exceed Ten Thousand Dollars (i$10,000.00) Annual Fixed Rent per month for the Temporary Space shall be payable at actual, documented and reasonable costs incurred by Tenant for the annual rate equal to installation, rental and removal of the product of (x) $4.00 and (y) the rentable floor area of Furniture in the Temporary Space, payable by Landlord to Tenant within thirty (ii30) for the purposes of determining Tenant's payments on account days of Landlord's Operating Expenses under ’s receipt of paid invoices from Tenant. Tenant shall provide Landlord with a copy of such Furniture rental contract as a condition precedent to Landlord’s reimbursement obligations hereunder. Any amounts paid to Tenant pursuant to this Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" 1.5 shall be deemed fully earned upon receipt and shall not be subject to be the rentable floor area any reimbursement obligations by Tenant, regardless of the Temporary Space and (iii) the Temporary Space shall be delivered to any future default by Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components early termination of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andthis Lease.
Appears in 3 contracts
Samples: Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.)
Temporary Space. Upon reasonable prior notice Landlord hereby leases to Tenant, and Tenant hereby leases from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy of the Temporary Space shall be subject to all of the terms and conditions of this Lease (except as otherwise set forth in this Section 15.28), Suite 720 in the Building containing approximately 5,009 rentable square feet of space (the “Temporary Space”). Within 30 days following the Date of Lease and prior to delivering the Temporary Space to Tenant, Landlord shall, at Landlord’s sole cost, cause certain improvements in the Temporary Space to be demolished in accordance with the demolition plan therefor dated August 7, 2017, prepared by Staffelbach as Project No. 654.279. The lease term for the Temporary Space (the “Temporary Space Term”) shall commence on the date (the “Temporary Space Commencement Date”) that Landlord delivers the Temporary Space to Tenant in the condition required by this Section 15.28, and expire on September 30, 2018 (the “Temporary Space Expiration Date”), at which time Tenant shall vacate and surrender the Temporary Space in broom-clean condition and remove all personal property located therein. Tenant shall have the right to terminate this Lease solely as it relates to the extent appropriateTemporary Space prior to the Temporary Space Expiration Date upon delivery of thirty (30) days prior written notice to Landlord. Except for Landlord’s demolition obligations described above, Xxxxxx accepts the Temporary Space in its “AS-IS” condition on the date this Lease is entered into, and Landlord shall have no obligation to pay for or perform any demolition or tenant-finish work therein. Tenant may perform basic non-structural alterations (e.g., install carpet) in the Temporary Space at Tenant’s sole cost. During the first 270 days of the Temporary Space Term, Tenant shall not pay monthly Basic Rent with respect to the Temporary Space or, except that (i) Annual Fixed as provided below, Additional Rent for the Temporary Space. Commencing effective as of the 271st day of the Temporary Space Term and continuing throughout the remainder of the Temporary Space Term, Tenant shall pay monthly Basic Rent for the Temporary Space shall be payable at the an annual rate equal to the product of (x) $4.00 and (y) the rentable floor area 27.00 per square foot of Rentable Area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 together with respect to the Temporary SpaceAdditional Rent, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of as provided below. Throughout the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunderTerm, Tenant shall be occupying such required to pay Tenant’s proportionate share (based on the rentable square feet in the Temporary Space while Landlord is proceeding with components Space) of the Base Building Work in Buildings A janitorial costs and B and accordingly that Tenant shall use and occupy Electrical Expenses during the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTerm.
Appears in 2 contracts
Samples: Office Lease (Alkami Technology, Inc.), Office Lease (Alkami Technology, Inc.)
Temporary Space. Upon reasonable prior notice from Tenant (a) Effective ten (10) days following the Effective Date of this Amendment (such date being referred to Landlordas the “Temporary Space Commencement Date”), Landlord agrees shall, on a temporary basis, license to provide Tenant with temporary the use and occupancy (under all of the terms, covenants and conditions of the Lease except as otherwise set forth herein) of available space on the fourteenth (14th) floor of the Building of approximately 1,000 rentable square feet (the "“Temporary Space"”), as designated by Landlord. Tenant shall occupy the Temporary Space pursuant to the terms of the Lease, and shall be bound by all of the terms, covenants and conditions of the Lease, except as otherwise set forth in this Section 20.
(b) on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting agree that the Temporary Space be made available is licensed to Tenant on a temporary basis only, commencing upon the Temporary Space Commencement Date and expiring on five (5) days following the Commencement Date Relocation Date. Tenant shall have no right to occupy, or extend the license of, the Temporary Space beyond five (5) days following the Relocation Date.
(c) Tenant shall pay Base Rent with respect to the Temporary Space during the term of this Lease. Tenant's occupancy the temporary license of the Temporary Space shall be subject to all of the terms and conditions of this Lease in a monthly amount equal to the extent appropriatefollowing: 1,000 rentable square feet multiplied by a rate per square foot of $20.00, except that divided by twelve (i) Annual Fixed 12), plus applicable sales tax thereon. Base Rent for the Temporary Space shall be payable by Tenant monthly in equal monthly installments, in advance, on the first (1st) day of the month, together with applicable sales tax thereon, and otherwise in accordance with the terms and conditions of the Lease, and without deduction or set-off. Base Rent for any period which is for less than one month shall be prorated based upon the actual number of days of the calendar month involved. Base Rent shall be payable in lawful money of the United States to Landlord at the annual rate equal address stated in the Lease or to such other persons or at such other places as Landlord may designate in writing.
(d) Landlord shall have the right, at any time upon thirty (30) days written notice to Tenant, to relocate the Temporary Space to other available space within the Building of approximately the same rentable square footage and upon such relocation, such new space shall be deemed the Temporary Space. If the Temporary Space is relocated, (i) such new space shall be provided in its “AS IS” condition, (ii) Tenant shall, at Tenant’s cost, timely move Tenant’s trade fixtures, furnishings and equipment to the product new space, (iii) there shall be no abatement of (x) $4.00 Base Rent for the Temporary Space or compensation to Tenant for such relocation, and (yiv) the rentable floor area terms of Section 11.4 of the Initial Lease shall not apply to the Temporary Space
(e) Within five (5) days following the Relocation Date, Tenant shall surrender the Temporary Space to Landlord in the same condition as received, ordinary wear and tear excepted, clean and free of debris. Tenant shall repair any damage to the Temporary Space occasioned by the installation or removal of Tenant’s trade fixtures, alterations, furnishings or equipment.
(f) If Tenant remains in possession of the Temporary Space, or any part thereof, more than five (ii5) for days following the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary SpaceRelocation Date, the "Rentable Floor Area of the Premises" such occupancy shall be deemed to be a month to month tenancy, subject to all the provisions of the Lease pertaining to the obligations of Tenant, except that Tenant shall be obligated to pay Base Rent for such period at a rate equal to $40.00 per rentable floor area square foot of the Temporary Space and (iii) the Temporary Space shall also be delivered to Tenant in its "as is" condition liable for any and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while all other damages Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED suffers as a sealed instrument in two or more counterparts each result of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Propertiessuch holdover including, Inc.without limitation, its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice Presidentthe loss of a prospective tenant for such space.
(g) TENANT HEREBY ACKNOWLEDGES AND AGREES THAT (I) TENANT SHALL ACCEPT THE TEMPORARY SPACE IN ITS “AS IS” CONDITION, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land AND (with the buildings thereonII) situated in BedfordLANDLORD SHALL NOT BE REQUIRED TO PERFORM ANY WORK, Middlesex CountyMAKE ANY INSTALLATIONS OR IMPROVEMENTS, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andOR INCUR ANY EXPENSES IN CONNECTION WITH THE TEMPORARY SPACE.
Appears in 2 contracts
Samples: Lease (Catalyst Pharmaceuticals, Inc.), Lease (Catalyst Pharmaceutical Partners, Inc.)
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant hereby acknowledge and agree that from Landlord’s commencement of Landlord’s Work, and continuing until the Tenant Improvements in the Premises are substantially completed (as defined in the Work Letter) (herein, the “Temporary Space Period”), Landlord shall provide Tenant use of other available vacant space within the Building, or, if no suitable space is available within the Building, then Landlord shall provide Tenant use of other available vacant space within, the building located at 0000 Xxxxxx Xxxxxx, or the building located at 0000 Xxxxxx Xxxxxx. The space provided by Landlord to Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space Period shall be made available reasonably comparable to the Premises as determined by Landlord in its sole and expiring absolute discretion (“Temporary Space”), on an “as-is” and “with all faults” basis, and Landlord shall have no obligation to provide furnishings or pay for any telecommunications costs or other costs required for Tenant to conduct business from any such Temporary Space. All terms of the Commencement Date of this Lease. Amended Lease shall apply to Tenant's ’s use and occupancy of the Temporary Space shall be subject to all of the terms and conditions of this Lease with equal force as applicable to the extent appropriatePremises, except that (i) Annual Fixed Tenant shall not be obligated to pay any Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of during the Temporary SpaceSpace Period. Notwithstanding the foregoing, (ii) for Landlord and Tenant hereby acknowledge and agree that Landlord shall have the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above right to actively market and Landlord's Tax Expenses under Section 2.7 with respect show any such Temporary Space to prospective tenants during the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed Space Period upon at least twelve (12) hours’ prior notice to be the rentable floor area Tenant. Upon expiration of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunderPeriod, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy promptly surrender the Temporary Space in such as manner as the condition received and if Tenant shall fail to minimize any unreasonable interference with Landlord's performance do so, Tenant shall pay rent for the Temporary Space on a daily basis in an amount equal to 150% of the Base Building Work. EXECUTED then rate for such space as a sealed instrument stated in two or more counterparts each of which Landlord’s offering materials for such space until such time as Tenant shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with vacate and surrender the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described Temporary Space as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andprovided herein.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Exponential Interactive, Inc.)
Temporary Space. Upon reasonable prior notice from Subject to the terms and conditions set forth in this Paragraph, for the period beginning on the date on which Landlord and Tenant execute this Lease and deliver it to Landlordthe other, and ending on the day immediately preceding the date on which Landlord delivers to Tenant possession of the Premises with the Work substantially completed (the “Temporary Lease Term”), Landlord agrees hereby leases to provide Tenant with temporary and Tenant hereby leases from Landlord that certain space (the "“Temporary Space") ”), consisting of approximately 1,550 rentable square feet and known as Suite 307 in Aventura I, as depicted on either the second floor of Building A or the second floor of Building B of a size and in a location to Exhibit I. Such lease will be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy of the Temporary Space shall be subject to all of the terms and conditions of this Lease to the extent appropriateLease, except that (i) Annual Fixed Rent Base Rental for the Temporary Space shall will be payable at the annual rate equal to the product of $4,262 per month (x) $4.00 and (y) the rentable floor area of prorated per diem). During the Temporary SpaceLease Term, (ii) for the purposes of determining Tenant will not be obligated to pay Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 ’s Proportionate Share with respect to the Temporary Space of Operating Expenses. During the Temporary Lease Term, Landlord is leasing the Temporary Space to Tenant “AS IS” and “With All Faults”, without any representations or warranties of any kind (including, without limitation, any express or implied warranties of merchantability, fitness or habitability). Landlord will have no obligation to make any improvements or alterations whatsoever to the Temporary Space, the "Rentable Floor Area or to provide any allowance therefor. Tenant will pay any and all costs of the Premises" shall be deemed to be the rentable floor area occupancy of the Temporary Space such as, without limitation, utilities (including electricity), telecommunications infrastructure, insurance, furniture, and (iii) moving expenses. On or before the 10th day after the last day of the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunderLease Term, Tenant shall be occupying such Temporary Space while will deliver to Landlord is proceeding with components possession of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as the condition required by Paragraph 9 with respect to minimize any unreasonable interference with Landlord's performance of the Premises. Paragraph 24 (Holding Over) will apply to Tenant’s failure to vacate the Temporary Space within the required time, except that the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall Rental during the holdover period will be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; and$210.00 per day.
Appears in 2 contracts
Samples: Office Lease Agreement (Liquid Holdings Group LLC), Office Lease Agreement (Liquid Holdings Group LLC)
Temporary Space. Upon reasonable prior notice from Tenant Subject to Landlordthe terms of this Section 8.6, Landlord agrees with respect to provide Tenant with temporary space the period commencing on the date this Amendment is fully executed and delivered (in each parties’ sole and absolute discretion) and expiring five (5) days after the Suite 350 Expansion Effective Date (the "“Temporary Space Term”) only, the term “Premises,” as defined in the Lease (as amended), shall be deemed to include, in addition to the space expressly described in such definition, the approximately 2,795 rentable square feet of space known as Suite 585, located on the fifth floor of the Building as shown on Exhibit H to this Amendment (the “Temporary Space") on either the second floor of Building A or the second floor of Building B of a size ”), and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy of the Temporary Space shall be subject to all of the terms and conditions provisions of this the Lease to the extent appropriate(as amended); provided, except that however, that: (i) Annual Fixed Rent for the date described in Section 1.2 of this Amendment shall not apply to the Temporary Space, and the expiration date with respect to the Temporary Space shall be payable at five (5) days after the annual rate equal Suite 350 Expansion Effective Date; (ii) Tenant shall not be required to the product of (x) $4.00 and (y) the rentable floor area of pay Base Rent for the Temporary Space, and the schedule of Base Rent set forth in Section 3 of this Amendment shall not apply to the Temporary Space (ii) provided, however, that solely for purposes of Section 16 of the Lease, Tenant shall not be required to pay Base Rent for the Temporary Space; (iii) Tenant shall not be required to pay Tenant’s Share of Expenses and Taxes for the Temporary Space, and the percentage set forth in Section 5 of this Amendment shall not apply to the Temporary Space; (iv) Tenant shall not be entitled to receive any allowance, abatement or other financial concession in connection with the Temporary Space that is being granted with respect to the balance of the Premises, and, for purposes of determining Tenant's payments on account Exhibit B to this Amendment, the Premises shall be deemed to exclude the Temporary Space; and (v) the Temporary Space shall not be subject to any renewal or expansion right of Landlord's Operating Expenses Tenant under the Lease (as amended). Without limiting the foregoing, upon the expiration of the Temporary Space Term, all provisions (including Sections 8, 15 and 16) of the Lease that would apply to the Premises upon the expiration of the Lease (as amended) with respect to the Premises shall apply to the Temporary Space. Notwithstanding the foregoing, if this Amendment is deemed null and void and of no force or effect pursuant to Section 2.6 above and Landlord's Tax Expenses under Section 2.7 8.1 above, then the expiration date with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of Space and the Temporary Space and Term shall not extend beyond that date which is five (iii5) days after the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andContingency Date.
Appears in 2 contracts
Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space Commencing on the date which is one (1) business day following the date (the "“Temporary Space"Space Commencement Date”) on either which is the second floor later of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60i) days from the date of Tenant's notice requesting mutual execution and delivery of this Lease and Landlord’s receipt of the Security Deposit (“Effective Date”) and (ii) Landlord’s receipt of the certificates of insurance required pursuant to Article 10 of this Lease and continuing until the day immediately preceding the Lease Commencement Date (the “Temporary Space Expiration Date”). Tenant shall be entitled to use that certain space commonly known as Suite 130, located on the first (1st) floor of the Building, as depicted on Exhibit A-l attached hereto (the “Temporary Space”). The period from the Temporary Space be made available and expiring on the Commencement Date of this Leasethrough the Temporary Space Expiration Date shall be referred to as the “Temporary Space Occupancy Period.” Landlord shall deliver the Temporary Space to Tenant on or before the Temporary Space Commencement Date in its then- existing “as-is” condition. Tenant's occupancy Upon delivery of the Temporary Space to Tenant by Landlord, Tenant shall be subject have the right to occupy such Temporary Space provided that all of the terms and conditions of this Lease to the extent appropriateshall apply (including, except that (iwithout limitation, Tenant’s indemnity and insurance obligations) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, as though the "Rentable Floor Area Temporary Space were a part of the Premises (even though the Temporary Space shall not be deemed to be a part of the Premises" ) and, during the Temporary Occupancy Period, Tenant shall be responsible for paying for the cost of all utilities supplied to the Temporary Space except that Tenant shall not be obligated to pay monthly Base Rent and Tenant’s Share of Direct Expenses for the Temporary Space during the Temporary Space Occupancy Period. Tenant hereby acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Temporary Space or with respect to the suitability of such space for Tenant’s use thereof or the conduct of Tenant’s business. Tenant shall vacate and surrender the Temporary Space to Landlord, in accordance with the terms of Article 15 of this Lease, on or before the Temporary Space Expiration Date. If Tenant fails to timely and properly vacate and surrender the Temporary Space to Landlord pursuant to the immediately preceding sentence, Tenant shall be deemed to be the rentable floor area of the holding over in such Temporary Space and (iii) the terms of Article 16 of this Lease shall apply to such holdover, except that the monthly Base Rent payable during such holdover period with respect to the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components $1.72 per rentable square foot of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in for the first three (3) months of such as manner as to minimize any unreasonable interference with Landlord's performance holdover and thereafter Tenant will be charged 125% of the such monthly Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andRent amount.
Appears in 2 contracts
Samples: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)
Temporary Space. Upon reasonable prior notice In order to meet Tenant’s need for additional space, Landlord hereby agrees to lease to Tenant, and Tenant agrees to lease from Landlord, temporary; spaces in the Building for the period commencing on the Effective Date and terminating on the; Commencement Date (the “Temporary Spaces”). The Temporary Spaces, to be identified as Suites 255 and 237, are more specifically defined on Exhibit D attached hereto and incorporated by reference herein. Tenant agrees to accept the Temporary Spaces in their then as-is condition, with no obligation on behalf of Landlord to improve it in any way. Tenant shall pay a fixed rent for the Temporary Spaces in the amount of $3.75 per square foot per month per month (the, “Temporary Space Monthly Rent”), which shall be pro-rated for any partial month. Tenant agrees to vacate the Temporary Spaces and return possession thereof to Landlord, Landlord agrees to provide Tenant with temporary space in broom clean condition and decommissioned and decontaminated as necessary, within ten (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (6010) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on after the Commencement Date of this Lease. Tenant's occupancy of the Temporary Space Failure to do so shall be subject to constitute a Default hereunder. Other than those terms specifically outlined above, all of the other terms and conditions of this Lease shall apply to Tenant’s lease of the extent appropriateTemporary Spaces. Tenant understands and acknowledges that, except that (i) Annual Fixed Rent in the event Landlord reasonably requires possession of the Temporary Spaces to consummate a lease with another third-party tenant, Landlord shall have the right to substitute alternate premises for the Temporary Space shall be payable Spaces with ten (10) days’ advance written notice to Tenant, so long as the alternate premises is located in the Building or in the building located at the annual rate equal to the product of (x) $4.00 0000 Xxxxxx Xxxxxx in Emeryville, CA and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect is reasonably similar to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space Spaces in utility and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andfunctionality.
Appears in 2 contracts
Samples: Lease (Berkeley Lights, Inc.), Lease (Berkeley Lights, Inc.)
Temporary Space. Upon reasonable prior notice from mutual execution and delivery of the Lease, Tenant may request in writing permission to Landlord, Landlord agrees to provide Tenant with temporary space (temporarily occupy either Suite 315 located on the "Temporary Space") on either the second 3rd floor of the Building A and having a total of 2,342 rentable square feet, or Suite 500 located on the second 5th floor of Building B the building known as 0000 Xxxxxxx Xxxxxx Xxxx., Xxx Xxxxx, Xxxxxxxxxx, and having a total of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period 5,978 rentable square feet. Within 3 business days of time commencing no earlier than sixty (60) days from the date receipt of Tenant's notice requesting that ’s written request for the Temporary Space be made available designated therein (“Temporary Space”), Landlord shall deliver the Temporary Space to Tenant and expiring Tenant shall accept the Temporary Space in its “AS IS” condition, the parties hereto agreeing that Landlord shall have no obligation to perform any work or expend any cost or expense to prepare the Temporary Space for Tenant’s occupancy, except that Landlord shall have the Temporary Space professionally cleaned at Landlord’s sole cost and expense. The parties hereto further agree that Tenant shall have a license to occupy the Temporary Space for a term (the “License Term”) beginning on the date Landlord delivers the Temporary Space to Tenant and continuing up to and including the date which is one (1) week following the Commencement Date of this Lease. the Lease (the “Temporary Space Termination Date”) as confirmed by execution of the Commencement Date Confirmation in the form as set forth in Exhibit D. Tenant's ’s occupancy of the Temporary Space during the License Term shall be subject to all of the terms and conditions of this Lease the Lease, including but not limited to Tenant’s insurance obligations pursuant to Article 8 of the extent appropriateLease, except that (i) Annual Fixed Rent Tenant shall pay monthly rent for the Temporary Space shall during the License Term in the amount of $2.00 per rentable square foot (i.e. $4,684.00 for Suite 315, and $11,956.00 for Suite 500). Notwithstanding the foregoing, Tenant will not be payable at the annual rate equal permitted to make any alterations to the product of (x) $4.00 and (y) Temporary Space without Landlord’s prior written approval, nor will Tenant have the rentable floor area of right or power to sublease, assign or otherwise Transfer the Temporary Space or any interest therein under any circumstances or allow anyone other than Tenant’s employees to occupy the Temporary Space, it being the understanding of the parties hereto that Landlord is providing the Temporary Space as an accommodation to Tenant while the Premises (iii.e. the 7th floor of the Building) are being prepared by Landlord for Tenant’s occupancy. Upon the purposes Ring Central, Inc. Lease 5 expiration of determining Tenant's payments on account the License Term or the earlier termination of Landlord's Operating Expenses under Section 2.6 above the Lease, Tenant shall quit and Landlord's Tax Expenses under Section 2.7 with respect surrender to Landlord the Temporary Space, broom clean, in good order and condition, normal wear and tear and damage by fire and other casualty excepted as further described in Article 14 and subject to the "Rentable Floor Area other terms and conditions of the Premises" shall be deemed Lease including but not limited to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andArticle 15.
Appears in 2 contracts
Samples: Office Lease, Office Lease (RingCentral Inc)
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord HBE agrees to provide Tenant with temporary space sublease to Overstock that portion of Suite 210 outlined on Exhibit A attached hereto consisting of approximately 3,986 rsf and 3,279 usf (the "“Temporary Space"”) for the term commencing on either the second floor of Building A November 3, 2004 (or the second floor of Building B of a size and in a location such earlier date that HBE is able to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that deliver possession the Temporary Space be made available and expiring on to Overstock) through the Commencement Date of this Lease(as defined in paragraph 2 above) (the “Sublease Term”). Tenant's occupancy Notwithstanding the foregoing, in the event Overstock exercises its option to lease Suite 200 from HBE as provided in paragraph 4, above, Overstock may elect to terminate its sublease of the Temporary Space upon not less than thirty (30) days written notice to HBE. In the event Overstock exercises its option to terminate its sublease of the Temporary Space, the obligation of Overstock to pay rent with respect to the Temporary Space shall terminate as of the later of the date thirty (30) days after the date Overstock gives notice that it is exercising its option to terminate its sublease of the Temporary Space or the date Overstock actually terminates its possession of the Temporary Space. During the Sublease Term, Overstock shall pay HBE Base Rent in the amount of the “Temporary Space Base Rent” set forth on Exhibit A. In the event the Sublease Term commences on a day other than the first day of a month or ends on a day other than the last day of a month, the rent for the first and last months shall be subject pro rated on the basis of a 30 day month. Overstock shall be responsible for Operating Expenses with respect to the Temporary Space during the Sublease Term, including its pro rata share of any adjustment after the termination of the Sublease Term. In the event Overstock fails to return possession of the Temporary Space to HBE on or before July 31, 2005, Overstock shall pay HBE Base Rent for the Temporary Space equal to 150% of the monthly rental amount until Overstock delivers possession of the Temporary Space to HBE, provided, however, such 150% rate shall not go into effect until the date 30 days after the date OMB tenders possession of the New Premises to Overstock. Upon execution of this Fourth Amendment, Overstock shall pay HBE the sum set forth on Exhibit A for the cost of installing and removing a demising wall between the Temporary Space and Suite 210 and the cost of restaging construction of tenant improvements to the Temporary Space. Except as specifically provided in this paragraph 5, all of the terms and conditions of this the Suite 100 Lease shall apply to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at during the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andSublease Term.
Appears in 2 contracts
Samples: Lease Agreement (Overstock Com Inc), Lease Agreement (Overstock Com Inc)
Temporary Space. Upon reasonable prior notice from If (a) Landlord is unable to deliver the Initial Premises to Tenant to Landlordon or before the Outside Delivery Date, and (b) Landlord agrees to provide Tenant with temporary identifies alternative space (which space may be (i) comprised of more than one contiguous space within a single building, and (ii) of a different size, character or general location than the "Initial Premises) for Tenant’s use within any building in Emeryville or Berkeley, then Landlord shall provide written notice to Tenant (the “Temporary Space Notice”) identifying such space or spaces (collectively, the “Temporary Space") on either ”), as well as the second floor Monthly Base Rent, Tenant’s Share, number of Building A or the second floor of Building B of a size parking spaces and in a location other terms applicable to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available (the “Temporary Space Lease Terms”). If Xxxxxx sends written notice to Landlord within ten (10) days of receipt of the Temporary Space Notice indicating that Tenant desires to lease the Temporary Space, then Tenant shall lease the Temporary Space from Landlord in accordance with the Temporary Space Terms and expiring upon the terms and conditions of this Section 2.6. The term for the Temporary Space (the “Temporary Space Term”) shall commence on the date specified in the Temporary Space Notice (the “Temporary Space Commencement Date”), and shall end as of the day before the Commencement Date for the Initial Premises, unless sooner terminated pursuant to the terms of this Lease (the “Temporary Space Termination Date”). Landlord shall have no liability for failing to provide the Temporary Space Notice, and Xxxxxx’s sole remedy for such failure shall be the remedy set forth in Section 2.3 above. If Landlord delivers the Temporary Space Notice, and Tenant timely delivers the Temporary Space Acceptance Notice, then the Temporary Space shall be considered “the Premises” for all purposes under this Lease. , and Tenant's ’s occupancy of the Temporary Space during the Temporary Space Term shall be subject to all of the terms and conditions of this Lease (including, but not limited to the extent appropriateinsurance and indemnity provisions under Articles 16 and 17 below), except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andexcept:
Appears in 2 contracts
Samples: Office/Laboratory Lease (Kyverna Therapeutics, Inc.), Office/Laboratory Lease (Kyverna Therapeutics, Inc.)
Temporary Space. Upon reasonable prior notice (a) Landlord hereby leases to Tenant, and Tenant hereby leases from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (i) the entire rentable are of the 24th floor of the 30 Building, as more particularly shown on Exhibit C-1 attached hereto (the "“24th Floor Premises”), (ii) the entire rentable area of the 9th floor of the 600 Building, as more particularly shown on Exhibit C-2 attached hereto (the “9th Floor Premises”) and (iii) the entire rentable area of the 10th floor of the 600 Building, as more particularly shown on Exhibit C-3 attached hereto (the “10th Floor Premises”; the 24th Floor Premises, the 9th Floor Premises and the 10th Floor Premises are herein collectively called the “Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant ”), for a period of time term (each, an “Initial T.S. Term”) commencing no earlier than sixty (60) days from on the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy Landlord shall deliver possession of the Temporary Space in question to Tenant free of all leases, tenancies and occupants in broom-clean condition (the “Temporary Space Commencement Date”) (which Temporary Space Commencement Date for each floor of Temporary Space shall not occur prior to September 1, 2011 (and Landlord shall use commercially reasonable efforts to cause the Temporary Space Commencement Date for all the Temporary Space to occur on September 1, 2011) unless Tenant notifies Landlord that it is electing to have the Temporary Space Commencement Date with respect to the 9th Floor Premises and/or the 10th Floor Premises occur prior to September 1, 2011, then Landlord shall use commercially reasonable efforts to deliver same to Tenant as of the date or dates designated by Tenant in such notice to Landlord), and ending on the day preceding the eighteen (18) month anniversary of the delivery of the Temporary Space in question to Tenant, as such date or dates, as applicable, shall be extended with respect to the Temporary Space in question by not more in the aggregate than the number of days of Temporary Space Landlord Delay (subject to Section 4(c) below, each a “Temporary Space Expiration Date”), or such earlier date upon which the term of the Lease may expire or be terminated pursuant to any of the conditions of limitation or other provisions of the Lease or pursuant to law or such earlier date as Tenant may elect, upon all of the terms and conditions of the Original Lease, as modified by this Lease to Amendment. For purposes hereof, “Temporary Space Landlord Delay” shall mean (x) any delay or delays by Landlord in delivering or redelivering floors (in the extent appropriatecondition required hereunder) of the Original Premises, except that the 3rd Floor Premises, the 8th Floor Premises and/or the 64th Floor Premises (and the 55th Floor Premises, if applicable) beyond the dates or time periods set forth in clause (x) of Section 6(a)(ii) below and/or (y) any actual delays encountered by Tenant in performing Tenant’s Installations or in occupying or re-occupying a particular floor of the Premises for the conduct of its business as the result of (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product any wrongful or negligent act or omission of (x) $4.00 and (y) the rentable floor area Landlord or any of the Temporary SpaceLandlord’s agents, contractors or employees, (ii) for the purposes of determining Tenant's payments on account any breach of Landlord's Operating Expenses ’s obligations under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, Lease and/or (iii) any request by Landlord or any of its agents that Tenant delay the "Rentable Floor Area performance of any of the Premises" Installations, and Tenant shall give Landlord prompt notice (which notice shall be given in accordance with the fifth (5th) sentence of Section 3(j) of this Amendment) of such Temporary Space Landlord Delay under this clause (y) following Tenant’s knowledge of same (and if Tenant fails to give such prompt notice, then no Temporary Space Landlord Delay shall be deemed to be occur until such notice is delivered to Landlord), which notice shall state in reasonable detail the rentable basis of such Temporary Space Landlord Delay and provide reasonably sufficient evidence thereof (to the extent applicable), provided the Temporary Space Expiration Date in respect of the floor area of the Temporary Space and in question shall only be extended (iiion a day-for-day basis) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying by such Temporary Space while Landlord is proceeding with components Delay if and to the extent the floors of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy which such Temporary Space Landlord Delay is applicable to are the floor(s) on which the employees and/or occupants of such Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall question would be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andrelocating to.
Appears in 2 contracts
Samples: Lease (Lazard Group LLC), Lease (Lazard LTD)
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from hereby acknowledge and agree that Tenant shall have the date of Tenant's notice requesting that right to use and occupy the Temporary Space be made available (as hereinafter defined), subject to all the terms and expiring on provisions of this Section or elsewhere in this Lease, except as otherwise provided herein to the Commencement Date contrary, until such time as the full renovations to 33 Second Avenue ("33 Second Avenue Work") (as hereinafter defined in Section 2.1.1A below) is completed and ready for Tenant's occupancy, or in the event that Landlord is unable to obtain the required permits for the 00 Xxxxxx Xxxxxx Work, as hereinafter provided, until December 31, 2005. Alternatively, in the event that Landlord is unable to obtain the required permits necessary to fully renovate the entire 00 Xxxxxx Xxxxxx building, then Tenant shall have the option, exercisable within thirty (30) days of receipt of Landlord's notice that it has been unsuccessful in obtaining the necessary permits for the construction of the Workshop, to continue to use and occupy the Temporary Space, subject to the terms and provisions of this Lease. , except that the Fixed Rent due for Tenant's continued occupancy of the Temporary Space shall be subject $1.00 per square foot per annum paid monthly in advance, and Tenant shall be responsible to all of the terms and conditions of this Lease make any such additional improvements to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space as may be required by the Building Inspector or other applicable authorities of the Town of Burlington. Any additional improvements requested by Tenant, and so required as aforesaid, shall be payable performed by GCCI, at Tenant's cost, specifically at cost plus ten percent (10%). Otherwise, Tenant shall vacate and surrender the annual rate equal Temporary Space in accordance with the provisions of Section 6.1.2 hereof. The parties hereby further agree to execute an amendment to this Lease, upon the request of either party, confirming the permanent addition of the Temporary Space to the product "Premises" hereunder in the event that Tenant elects to continue its occupancy thereof (i.e., the term "Premises" shall be expanded to include the Temporary Space and a new rent schedule shall be provided). Landlord has made certain temporary renovation improvements to approximately 2,755 square feet of the building located at 00 Xxxxxx Xxxxxx (x) the "Temporary Space"). Landlord has been paid by Tenant for the cost of such Temporary Space improvements. Except for the $4.00 and (y) the rentable floor area of 1.00 per square foot set forth previously in this section, Tenant shall not be required to pay Fixed Rent on the Temporary Space, (ii) for the purposes but will reimburse Landlord its pro rata share of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above taxes and Landlord's Tax Expenses under Section 2.7 with respect utilities allocable to the Temporary Space, as additional rent, on a monthly basis from November 1, 2004 until the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area 00 Xxxxxx Xxxxxx Work is completed, or until its lease of the Temporary Space and (iii) the Temporary Space is terminated as provided in this Section 2.1.1, after which event Section 2.1.1A shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andapply.
Appears in 2 contracts
Samples: Lease Agreement (Irobot Corp), Lease Agreement (Irobot Corp)
Temporary Space. Upon reasonable prior notice from From and after the Date of this Amendment, as an accommodation to Tenant, Tenant to Landlordmay occupy, Landlord agrees to provide Tenant with on a temporary basis, Xxxxx 000, 0000 Xxxxx Xxxxxxxx Xxxxx, in the Project, containing approximately 1,351 rentable square feet of space as depicted on EXHIBIT “C” (the "“Temporary Space"”) on either through the second floor Relocation Date. Landlord has made no representation or promise as to the condition of Building A the Temporary Space. Landlord shall not perform any alterations, additions, or the second floor of Building B of a size and improvements in a location order to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that make the Temporary Space suitable for Tenant. Tenant shall accept the Temporary Space “as-is, where-is,” and “with all faults,” without any warranty, express or implied, or representation as to fitness or suitability. Landlord shall not be made available liable for any latent or patent defect in the Temporary Space. Tenant shall pay rent in the amount of $500.00 per month for the Temporary Space. Except as otherwise provided in this article, Tenant’s occupancy and expiring on the Commencement Date of this Lease. Tenant's occupancy use of the Temporary Space shall be subject to under all of the terms and conditions applicable provisions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for Lease. Tenant shall surrender broom clean possession of the Temporary Space to Landlord on or before the Relocation Date. If Tenant shall be payable at the annual rate equal fail timely to the product of (x) $4.00 vacate and (y) the rentable floor area of surrender the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of then, in addition to Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect ’s right to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area regain possession of the Temporary Space and (iii) as provided in the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunderDefault article of the Lease, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that pay to Landlord, as liquidated damages, for each month or portion thereof during which Tenant shall use and continues to occupy the Temporary Space in such after the Commencement Date, a sum equal to $4,090.15 ($36.33 per rentable square foot per annum), plus applicable sales tax, it being agreed that the damage to Landlord resulting from the failure by Tenant to timely vacate and surrender the Temporary Space will be substantial and will be impossible of accurate measurement. Landlord may exhibit the Temporary Space to prospective tenants during Normal Business Hours. Tenant may not assign any of its rights as manner as to minimize any unreasonable interference with Landlord's performance of to, or sublet, the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTemporary Space.
Appears in 1 contract
Samples: Lease Agreement (FlexShopper, Inc.)
Temporary Space. Upon reasonable prior notice from Tenant to Landlord(a) If by March 31, Landlord agrees to provide Tenant with temporary space (2018, Lessor vacates Lessor's Space other than the "Temporary Space") " identified on either the second floor of Building A or the second floor of Building B of a size Exhibit A-4, then Lessor may occupy and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that use the Temporary Space be made available and expiring on the Commencement Date Space, without having to pay rent or any share of this Lease. Tenant's occupancy of property taxes, utilities, or insurance premiums for the Temporary Space shall be Space, but otherwise subject to all of the terms and conditions of this the Lease, solely for the operation of computers and related equipment for up to 180 days after the date the Lessor vacates the rest of the Lessor's Space or so much thereof as Lessor is not in default under the Lease and has not failed to cure such default by the extent appropriateend of any applicable cure period (the "Temporary Space Term").
(b) Lessor and its employees, except agents and invitees will only use the particular point(s) of access and path(s) of travel that are specified in Exhibit A-4 (ias such exhibit may be modified reasonably by Lessee from time to time upon ten (10) Annual Fixed Rent days written notice from Lessee to Lessor) for ingress and egress between the exterior of the SBL Buildings and the Temporary Space.
(c) Lessee will furnish Lessor with seven (7) keys or badges for Lessor's employees to access the Temporary Space shall be payable through the specified point(s) of access. Lessor will deliver all of them and any others previously furnished to Lessor but not previously returned to the Lessee at the annual rate equal end of the Temporary Space Term.
(d) Lessee shall designate three (3) parking spaces at the west end of the SBL Parking lot located directly east of the Lessor's designated entry point to the product Temporary Space near the delivery bay area (docks) for Lessor's use during the Temporary Space Term.
(e) During the Temporary Space Term, Lessor will carry the insurance required to be carried by Lessor under Section 8.2(a) of the Existing Lease on the Temporary Space and the furniture, fixtures and equipment in or used principally to service such space.
(xf) If Lessor does not vacate the Temporary Space by the end of the Temporary Space Term, then Lessor will pay Lessee holdover rent at the rate of $4.00 5,000.00 per month (which amount shall increase by $5,000.00 each subsequent month that Lessor has not so vacated, up to $30,000.00 per month). In such event, Lessor will also pay Lessee's attorneys' fees incurred in enforcing the Lease and Lessor will be liable to Lessee for any consequential damages which the Lessee may suffer due to the failure of the Lessor to vacate the Temporary Space at the end of the Temporary Space Term.
(yg) the rentable floor area of If Lessor fails timely to vacate the Temporary Space, or if Lessor fails to convey and deliver to Lessee the FF&E (iias defined in Section 3(a) for of this Fourth Amendment) in or used to service the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to Temporary Space upon vacating the Temporary Space, as provided for in this Fourth Amendment, then Lessee may, in addition to any other remedies it may have under the "Rentable Floor Area of the Premises" shall be deemed Lease, at its option, after fifteen (15) days' notice to be the rentable floor area Lessor, take possession of the Temporary Space and (iii) the FF&E in the Temporary Space shall that was to be delivered conveyed to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect theretoLessee pursuant hereto. In addition, Lessee may remove the rest of Lessor's effects in such reasonable manner as it is acknowledged shall choose, and agreed that if Tenant shall elect store such effects without liability for loss except due to lease Lessee's malicious act. Lessor agrees to pay Lessee on demand any Temporary Space hereunderand all expenses incurred in such removal, Tenant including court costs and storage charges on such effects for any length of time the same shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with LandlordLessee's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andpossession.
Appears in 1 contract
Samples: Office Complex Lease Amendment (Federal Home Loan Bank of Topeka)
Temporary Space. Upon reasonable prior notice from During the initial five months of the Lease Term, Landlord shall permit Tenant to Landlord, Landlord agrees to provide Tenant with temporary use approximately 20,000 square feet of vacant space at 0000 Xxxxx XxXxxxxx Xxxxxxxxx for storage purposes only (the "“Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease”). Tenant's ’s use and occupancy of the Temporary Space shall be subject to all of the terms and conditions provisions of this Lease to the extent appropriate, except that (i) Annual Fixed Tenant shall not pay any Base Rent for the Temporary Space shall be payable at the annual rate equal or Additional Rent with respect to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for Exhibit C shall not apply to the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above Temporary Space, (iii) Tenant is accepting the Temporary Space AS IS and Landlord's Tax Expenses under Section 2.7 WITH ALL FAULTS, and Landlord is not required to make any alterations or modifications to the Temporary Space, and (iv) Tenant shall pay all electrical and HVAC costs with respect to the Temporary Space. No later than the last day of said five- month period, Tenant shall surrender the Temporary Space to Landlord in as good condition as when received, except for reasonable wear and tear, and damage from casualty. If Tenant fails to surrender the Temporary Space to Landlord at the end of said five-month period, the "Rentable Floor Area (i) Tenant shall pay Base Rent at the rate of $1.25 per square foot per month for the Premises" shall be deemed to be the rentable floor area portion of the Temporary Space actually used by Tenant, as reasonably determined by the Landlord, and (iiiii) all electrical and HVAC costs with respect to the entire Temporary Space, both on a per diem basis for every day Tenant continues to use or occupy the Temporary Space. Tenant acknowledges that Landlord intends to lease all or a portion of the Temporary Space shall be delivered upon the end of said five- month period, and Landlord may terminate Tenant’s right to use the Temporary Space at any time following such five-month period by providing to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect theretonot less than ten (10) days prior written notice. In addition, it is acknowledged and agreed that if the event Tenant shall elect fails to lease any surrender the Temporary Space hereunderto Landlord at the end of said ten (10) day period, then, commencing on the eleventh (11th) day after Landlord’s notice of termination, Tenant shall be occupying such a tenant at sufferance in the Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A Space, and B and accordingly that Tenant shall use and occupy be liable for Base Rent at the rate of $1.25 per square foot per month on the entire Temporary Space in addition to all Operating Expenses relating to the Temporary Space, all pro rated on a per diem basis. Landlord’s acceptance of such as manner as payments shall not limit Landlord’s other rights and remedies with respect to minimize any unreasonable interference with Landlord's performance recovering possession of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTemporary Space.
Appears in 1 contract
Samples: Lease Agreement (Calix Networks Inc)
Temporary Space. Upon reasonable prior Provided that Tenant provides written notice from Tenant to Landlord, Landlord agrees of its intention to provide Tenant with temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that lease the Temporary Space be made available and expiring on the Commencement Date of pursuant to this Lease. Tenant's occupancy Section 2.8 by not later than September 15, 2006, which notice shall include notice of the Temporary Space Tenant intends to lease, Tenant shall be subject entitled to all use temporary office space (the “Temporary Space”) as hereafter described commencing on November 1 (or such later date as Landlord may deliver the Temporary Space to Tenant) through the earlier of (a) the terms and conditions date Tenant yields up the Temporary Space (provided Tenant shall provide Landlord with prior written notice of this such date) or (b) the date four (4) weeks after the Lease to the extent appropriate, except that Commencement Date. The Temporary Space shall either be: (i) the space identified as the “Xxxxxxxx House” Space on Appendix I, or (ii) that certain space located at 00 Xxxxxx Xxxxxx and more particularly shown on Appendix I-1. Tenant acknowledges that the space located at 00 Xxxxxx Xxxxxx and more particularly shown on Appendix I-1 is currently occupied by a third party tenant, and if Tenant designates such space as the Temporary Space in its notice and Landlord, despite its good faith efforts, is unable to deliver such space to Tenant by November 15, 2006, then Tenant shall have the option, upon written notice to Landlord by not later than November 25, 2006 (but in any event prior to delivery of the Temporary Space to Tenant) to instead use the space identified as the “Xxxxxxxx House” Space on Appendix I. If the Temporary Space is located in the space identified as the “Xxxxxxxx House” Space on Appendix I-1, Tenant shall pay a pro rata share of Landlord’s Operating Expenses and Landlord’s Taxes each related to the “Xxxxxxxx House”, but shall not pay any Annual Fixed Rent for the Temporary Space and in no event shall be payable its pro rata share of Landlord’s Operating Expenses and Landlord’s Taxes exceed $20.00 per RSF during the period of its occupancy of the Temporary Space. If that certain space located at 00 Xxxxxx Xxxxxx and more particularly shown on Appendix I-2 becomes available and Tenant elects to use such space instead of the “Xxxxxxxx House” space, Tenant shall pay Annual Fixed Rent at the annual rate equal to of $20.00 per RSF during the product period of (x) $4.00 and (y) the rentable floor area its occupancy of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account but shall not be required to pay any share of Landlord's ’s Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the ’s Taxes. The Temporary Space shall be delivered to Tenant in its "“as is" ”, broom clean condition and no improvement allowance or brokerage commission shall be payable yielded up by Tenant not later than four (4) weeks after the Lease Commencement Date in the same condition required under Section 5.1.9 with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components the yield up of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andPremises.
Appears in 1 contract
Samples: Lease Agreement (Vistaprint LTD)
Temporary Space. Upon reasonable prior notice from Following the date hereof (subject to the full and final execution and delivery of this Lease by Landlord and Tenant, delivery of the Guaranty, the Security Deposit and all prepaid rental required under this Lease, delivery of all initial certificates of insurance required by this Lease (which certificates of insurance shall specifically cover both the Temporary Space during the Temporary Space Term, as hereinafter defined, and the Premises), and ending on the date that is five (5) business days after the Lease Commencement Date (such period being referred to herein as the "Temporary Space Term"), Landlord shall allow Tenant to Landlorduse between approximately 8,000 to 12,000 rentable square feet of space located on the second (2nd) floor of the building within the Project located at 00000 Xxxxxxxx Xxxxxx, Landlord agrees to provide Tenant with temporary space Irvine, California, as shown on Exhibit A-2 of this Lease (the "Temporary Space") on either for the second floor Permitted Use. Subject to the rentable square footage range described above, the approximate size of Building A or the second floor Temporary Space shall be determined by Tenant and such determination shall be delivered in writing by Tenant to Landlord. Tenant shall not be entitled to request a change in the approximate size of Building B the Temporary Space once such determination is delivered by Tenant to Landlord. Promptly following receipt of a size and in a location Tenant's determination, Landlord shall configure the Temporary Space to be mutually as close as reasonably possible to the rentable square footage requested by requested by Tenant and deliver to Tenant Landlord's calculation of the rentable square footage located in the Temporary Space. During the Temporary Space Term, the Temporary Space shall be deemed the "Premises" for purposes of Article 10 (Insurance) of this Lease. Such Temporary Space shall be accepted by Tenant in its "as-is" condition and configuration, it being agreed upon that Landlord shall be under no obligation to perform any work in the Temporary Space or to incur any costs in connection with Tenant's move in, move out or occupancy of the Temporary Space; provided, the Temporary Space shall be ready for Tenant's IT/cabling/ data installation. Tenant acknowledges that it shall be entitled to use and occupy the Temporary Space at its sole cost, expense and risk. Tenant shall not construct any improvements or make any alterations of any type to the Temporary Space without the prior written consent of Landlord. Tenant shall be permitted to install, at Tenant's sole cost and expense, telephone and data cabling in the Temporary Space pursuant to plans and specifications approved by Landlord and otherwise in compliance with the terms of the Lease with respect to Alterations, including Article 8 below. All costs in connection with making the Temporary Space ready for occupancy by Tenant for a period of time commencing no earlier than sixty (60) days from shall be the date sole responsibility of Tenant.
1.6.1 The Temporary Space shall be subject to all the terms and conditions of this Lease except as expressly modified herein and except that (i) Tenant shall not be entitled to receive any allowances, abatement or other financial concession in connection with the Temporary Space which was granted with respect to the Premises unless such concessions are expressly provided for herein with respect to the Temporary Space, and (ii) the Temporary Space shall not be subject to any renewal or expansion rights of Tenant under this Lease. The Temporary Space Base Rent shall be $1.00 per rentable square foot of the Temporary Space per month during the Temporary Space Term. However, Tenant shall be required to pay Tenant's notice requesting Share of Direct Expenses for the Temporary Space during the Temporary Space Term in accordance with the terms of Article 4 of this Lease. For example, Tenant's Share for the Temporary Space shall be deemed to mean 13.4893% if there exists 11,000 rentable square feet in the Temporary Space and 81,546 rentable square feet in the Building.
1.6.2 Tenant shall be entitled to use up to Four (4) unreserved parking passes for every 1,000 rentable square feet of the Temporary Space. Tenant's rights to all such parking passes are subject to the terms of Article 28 of this Lease and Tenant's payment of the Parking Charges (as defined below) therefor; provided, however, so long as Tenant is not in Default (as defined below), Tenant's obligation to pay Parking Charges for such parking passes shall be abated during the Temporary Space Term (such abated Parking Charges are referred to herein as "Abated Temporary Space Parking Charges").
1.6.3 Upon termination of the Temporary Space Term, Tenant shall vacate the Temporary Space and deliver the same to Landlord in the same condition that the Temporary Space be made available was delivered to Tenant, ordinary wear and expiring tear excepted, and with any alterations, including cabling and telecommunications wiring performed/installed by or on behalf of Tenant, removed and any damage caused by such removal, repaired. At the Commencement Date expiration or earlier termination of this Lease. the Temporary Space Term, Tenant shall remove all debris, all items of Tenant's personalty, and any trade fixtures of Tenant from the Temporary Space. Subject to Section 10.5, Tenant shall be fully liable for all damage Tenant or Tenant's agents, employees, contractors, or subcontractors cause to the Temporary Space. Tenant shall have no right to hold over or otherwise occupy the Temporary Space at any time following the expiration or earlier termination of the Temporary Space Term, and in the event of such holdover, Landlord shall immediately be entitled to institute dispossessory proceedings to recover possession of the Temporary Space, without first providing notice thereof to Tenant. In the event of holding over by Tenant after expiration or termination of the Temporary Space Term without the written authorization of Landlord, Tenant shall pay, for such holding over, 150% of the Base Rent and Additional Rent for the Temporary Space for each month or partial month of holdover, plus all consequential damages that Landlord incurs as a result of the Tenant's hold over. During any such holdover, Tenant’s occupancy of the Temporary Space shall be subject to all deemed that of the terms a tenant at sufferance, and conditions of this Lease to the extent appropriatein no event, except that (i) Annual Fixed Rent for either during the Temporary Space Term or during any holdover by Tenant, shall Tenant be payable at the annual rate equal determined to the product of (x) $4.00 and (y) the rentable floor area of be a tenant-at-will under applicable law. While Tenant is occupying the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of and without limiting Landlord's Operating Expenses under Section 2.6 above and rights hereunder, Landlord or Landlord's Tax Expenses under Section 2.7 with respect authorized agents shall be entitled to enter the Temporary Space, upon reasonable notice and subject to the "Rentable Floor Area of the Premises" shall be deemed same limitations on access as are contained in Article 27, to be the rentable floor area of display the Temporary Space to prospective tenants and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition prospective and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andactual lenders.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from 22.1 During the period beginning on the last occur of (a) the full and final execution of this Lease by Landlord and Tenant, (b) delivery of the Security Deposit and all prepaid rental, if any, required under this Lease, (c) delivery of all initial certificates of insurance required by this Lease (which certificates of insurance shall cover the Temporary Space during the Temporary Space Term, as hereinafter defined), and (d) Landlord's delivery to Tenant of the Temporary Space with the Temporary Improvements (as defined in Exhibit D attached hereto) Substantially Completed (as defined in Exhibit D attached hereto) (the "Temporary Space Commencement Date") and ending on the Lease Commencement Date (as defined below) of this Lease (such period being referred to herein as the "Temporary Space Term"), Landlord shall allow Tenant to Landlord, Landlord agrees to provide Tenant with temporary use approximately 19,460 rentable square feet of space known as Suite No. 100 located as shown on Exhibit A 1 of this Lease (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that general office use only. During the Temporary Space Term, the Temporary Space shall be made available deemed the "Premises" and expiring on Hangar 7 shall be deemed the Commencement Date Building for purposes of this Article 9 of the Lease. Landlord shall improve the Temporary Space with the Temporary Improvements in accordance with the Work Letter attached hereto as Exhibit D. Except for the Temporary Improvements, such Temporary Space shall be accepted by Tenant in its "as‑is" condition and configuration, it being agreed that Landlord shall be under no obligation to perform any work in the Temporary Space (other than the Temporary Improvements) or to incur any costs in connection with Tenant's move in or occupancy of the Temporary Space. Any Alterations made by Tenant to the Temporary Space shall be made in accordance with Article 7 above; provided that the provisions concerning Permitted Alterations shall not apply. Except for the Temporary Improvements, all costs in connection with making the Temporary Space ready for occupancy by Tenant shall be the sole responsibility of Tenant.
22.2 The Temporary Space shall be subject to all of the terms and conditions of this the Lease to the extent appropriateexcept as expressly modified herein, except provided that (i) Annual Fixed Base Rent for the Temporary Space during the Temporary Space Term shall be $19,460.00 each month during the Temporary Space Term, payable at in accordance with the annual rate equal to Lease, with the product of (x) $4.00 and (y) first installment due on the rentable floor area date Landlord delivers possession of the Temporary SpaceSpace to Tenant. If the Temporary Space Term commences on other than the first day of a calendar month or ends on other than the last day of a calendar month, (ii) then the monthly Base Rent payable for the purposes Temporary Space for any such partial month shall be prorated to reflect the actual number of determining Tenant's payments on account days of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 such partial month falling within the Temporary Space Term. Tenant shall not be required to pay Expense Rent for the Temporary Space during the Temporary Space Term. Tenant shall not be entitled to receive any allowances, abatement or other financial concession in connection with the Temporary Space which was granted with respect to the Premises unless such concessions are expressly provided for herein with respect to the Temporary Space, and the "Rentable Floor Area Temporary Space shall not be subject to any renewal or expansion rights of Tenant under the Lease. Landlord and Tenant presently anticipate that Substantial Completion of the Premises" shall be deemed to be the rentable floor area Temporary Improvements will occur and possession of the Temporary Space will be tendered to Tenant in the condition required by this Lease on or about June 1, 2013 (the "Estimated Temporary Space Delivery Date"). If Substantial Completion of the Temporary Improvements has not occurred (and (iii) possession of the Temporary Space delivered to Tenant) by the Outside Temporary Space Delivery Date (as defined below), then Tenant shall be delivered entitled by notice in writing to Tenant Landlord thereafter to cancel this Lease, in its "as is" condition and no improvement allowance or brokerage commission which event the parties shall be payable discharged from all obligations hereunder and Landlord shall return any prepaid rent and the security deposit forth with respect thereto. In additionto Tenant; provided further, it is acknowledged and agreed however, that if such written notice of Tenant shall elect is not received by Landlord prior to lease any the date of Substantial Completion of the Temporary Improvements (and delivery of possession of the Temporary Space hereunderto Tenant), Tenant's right to cancel this Lease hereunder shall terminate and be of no further force or effect. The term "Outside Temporary Space Delivery Date" initially means August 1, 2013, but shall be extended by one day for every one day in delay in substantial completion of the Tenant Improvements caused by (i) Tenant Delays (as defined in Exhibit D) and/or (ii) any other one or more Force Majeure events.
22.3 Upon termination of the Temporary Space Term, Tenant shall be occupying such vacate the Temporary Space while and deliver the same to Landlord is proceeding with components in the same condition that the Temporary Space was delivered to Tenant, ordinary wear and tear excepted and damage by casualty excepted. At the expiration or earlier termination of the Base Building Work in Buildings A and B and accordingly that Temporary Space Term, Tenant shall use remove all debris, all items of Tenant's personalty, and any trade fixtures of Tenant from the Temporary Space but Tenant shall not be required to remove Lines unless requested to do so by Landlord. Tenant shall be fully liable for all damage Tenant or Tenant's agents, employees, contractors, or subcontractors cause to the Temporary Space.
22.4 Tenant shall have no right to hold over or otherwise occupy the Temporary Space in such as manner as to minimize at any unreasonable interference with Landlord's performance time following the expiration or earlier termination of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which Temporary Space Term, and any such holdover shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels governed by Article 15 of land (with the buildings thereon) situated this Lease.
22.5 Tenant may commence move-in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place Premises from and after the date of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly Substantial Completion of the Worcester Corporation, two hundred nine and 95/100 Tenant Improvements by Landlord. Within thirty (209.9530) feet; NORTHEASTERLY by land now or formerly days after receipt of invoices evidencing the cost of the Worcester Corporationsame, two hundred fifty Landlord shall reimburse Tenant for the reasonable actual costs incurred by Tenant in moving any of Tenant's furniture, fixtures, equipment or other personal property from the Temporary Space to the Premises. Such moving costs shall include, without limitation, the cost of disassembling and 57/100 (250.57) feet; reassembling of any of Tenant's furniture, fixtures and SOUTHEASTERLY by land now equipment and packing and unpacking of any of Tenant's furniture, fixtures and equipment including labor, materials and shipping, but shall exclude any telecommunications cabling or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feetconnections. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with Tenant shall bid out the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road moving work described in this Section 22.5 to at least three (3) reputable moving companies licensed to do business in California. Tenant shall select the moving company that certain Deed (a) recorded with is the Middlesex South District Registry lowest bidder to perform such work subject unless Landlord otherwise approves. Tenant shall be solely responsible for the costs incurred by Tenant in moving Tenant's Lab/Tissue Culture and Research and Development equipment and facilities, wherever they may be located.
22.6 Within 30 days after receipt of Deeds in Book 14013, Page 486 and (b) filed with invoices evidencing the Middlesex South Registry District cost of the Land Court as Document No. 599584 as to which Certificate same, Landlord shall reimburse Tenant for the reasonable actual costs incurred by Tenant for installation and connection (but not acquisition or purchase) of Title No. 161163 telecommunications equipment in Registration Book 936, Page 13 was issued; andthe Temporary Space.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from From the date of Tenant's notice requesting this First Amendment until the earlier of (a) the date that is seven (7) days after the Expansion Date or (b) any sooner termination of the term of the Lease (such period being the “Temporary Space Term”), Tenant shall be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy entitled to occupy Suite SG-1 of the Building (“Temporary Space shall be subject to Space”), substantially as shown on Exhibit 3 attached hereto under all of the terms and conditions as would apply if such space were a part of this Lease to the extent appropriatePremises demised by the Lease, except that (i) Tenant shall not be required to pay any Annual Fixed Rent for or Additional Rent on account of Operating Costs or Taxes, (ii) Tenant shall accept the Temporary Space in “as is” condition and shall not alter the same in any way, (iii) Tenant shall not be payable at the annual rate equal entitled to the product of (x) $4.00 and (y) the rentable floor area sublease any part of the Temporary Space, (iiiv) Tenant shall pay to Landlord, as Additional Rent, $1,102.50 per month (such amount to be prorated for any portion of a month), within thirty (30) days of invoicing by Landlord, and (v) Tenant shall vacate the purposes Temporary Space and surrender it to Landlord in the same condition as received, reasonable wear and tear excepted, on or before the last day of determining the Temporary Space Term. If Tenant shall remain in possession of the Temporary Space after the expiration of the Temporary Space Term, then in addition to performing Tenant's payments on account ’s obligations with respect to the remainder of Landlord's Operating Expenses under Section 2.6 above the Premises (and Landlord's Tax Expenses under Section 2.7 continuing to perform its obligations with respect to the Temporary Space), and in addition to Tenant’s liability for damages for failing to perform its obligations hereunder, Tenant shall pay to Landlord, $72.50 per day for each day from the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area expiration of the Temporary Space Term until the date on which Tenant shall have vacated and (iii) surrendered the Temporary Space shall be delivered to Tenant in its "Landlord as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andhereinabove provided.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (the "Temporary Space") Commencing on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of this Lease, Tenant shall have a license to occupy Suite 200 located on the 2nd floor of the building located at 0000 Xxxxxxxxxxxxxx Xxxxxx Xxxx Xxxxx, Xxxxxxx 00000 and deemed to consist of approximately 22,000 square feet of Rentable Area (the “Temporary Space”) as more particularly identified on Exhibit A-2 attached hereto, on an “As Is” and temporary basis, until ten (10) days after the Commencement Date (the “Temporary Space Term”). In connection with Tenant's notice requesting that ’s use of the Temporary Premises, Tenant shall, during the Temporary Space be made available Term, pay for its consumption of utilities. Upon the completion of the Tenant Improvements, Tenant shall vacate the Temporary Space and expiring deliver the Temporary Space to Landlord in broom clean condition. If Tenant does not immediately surrender the Temporary Space on or prior to the Commencement Date of this Lease. Tenant's occupancy expiration of the Temporary Space Term, then Tenant shall become a tenant-at-will in the Temporary Space and shall be subject to all of the terms and conditions “Holding Over” provisions set forth in Article 23 of this Lease to (excluding the extent appropriate, except Permitted Holdover Period). Tenant hereby acknowledges that (i) Annual Fixed Rent for Tenant shall bear the cost and expense of relocating from the Temporary Space shall be payable at the annual rate equal back to the product of (x) $4.00 and (y) Premises on the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) Commencement Date. Landlord agrees that the Temporary Space shall be delivered to Tenant in its "as is" condition on January 1, 2017, vacant and no improvement allowance or brokerage commission shall be payable broom clean, with respect thereto. In addition, it is acknowledged all mechanical and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy utility systems serving the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded good working order and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andcondition.
Appears in 1 contract
Samples: Lease Agreement (Twinlab Consolidated Holdings, Inc.)
Temporary Space. Upon reasonable prior notice from 8.1 As of the later of (a) the date set forth in the first paragraph of the Lease and (b) January 15, 2013, Landlord hereby gives permission for Tenant to Landlordenter approximately 7,215 rentable square feet of space on the first floor of the Building, Landlord agrees to provide Tenant with temporary space commonly known as Suite 115 (the "“Temporary Space"”) on either together with certain office furniture identified the second floor of Building A or list attached hereto as Exhibit G (the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant “Temporary Furniture”) for a period of time commencing no earlier than sixty Tenant’s use consistent with the Permitted Use until the Surrender Date (60as defined herein) days from the date of Tenant's notice requesting that the (“Temporary Space Access”). The “Surrender Date” shall be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy under the Lease and the period between the date Landlord delivers possession of the Temporary Space to Tenant and the Surrender Date is the “Temporary Space Possession Period.” Tenant shall be conclusively deemed to have accepted the Temporary Space and the Temporary Furniture “AS IS” in the condition existing on the date Tenant first takes possession and to have waived all claims relating to the condition of the Temporary Space, the Building and the Property. Tenant acknowledges and agrees that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Temporary Space or the Temporary Furniture or with respect to the suitability of any part of the same for the conduct of Tenant’s business. By taking possession of the Temporary Space and Temporary Furniture, Tenant agrees that the same and the Building and the Real Property are in good and sanitary order, condition and repair acceptable to Tenant. Landlord shall not be liable for a failure to deliver possession of the Temporary Space or any other space or the Temporary Furniture due to the holdover or unlawful possession of such space by another party, however Landlord shall use reasonable efforts to obtain possession of the same. The commencement date for the Temporary Space Possession Period, in such event, shall be postponed until the date Landlord delivers possession of the Temporary Space to Tenant pursuant to the Temporary Space Plans and free from occupancy by any party.
8.2 If Tenant takes possession of the Temporary Space during the Temporary Space Possession Period, such possession shall be subject to all of the terms and conditions of this the Lease to the extent appropriate, except that (i) Annual Fixed Rent for as if the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area were part of the Temporary SpacePremises), including, without limitation, the requirements set forth in Section 10 (ii) for the purposes Character of determining Tenant's payments on account of Landlord's Operating Expenses under Occupancy), Section 2.6 above 17 (Surrender and Landlord's Tax Expenses under Notice), Section 2.7 18 (Insurance), and Section 24 (Holding Over); provided, however, Tenant shall have no obligation to pay Rent with respect to the Temporary SpaceSpace during the Temporary Space Possession Period. Notwithstanding anything in the Lease or this Addendum to the contrary, the "Rentable Floor Area of the Premises" Tenant shall be deemed have no right to be the rentable floor area sublet all or any portion of the Temporary Space and (iii) Space. Tenant shall not remove any of the Temporary Furniture from the Temporary Space shall be delivered to without Landlord’s prior consent.
8.3 Tenant in its "as is" condition assumes full responsibility for all acts of Tenant and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work Tenant’s Agents, and for all property, equipment, materials, tools or machinery placed or stored in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two by Tenant or more counterparts each of which Tenant’s Agents, and Tenant shall be deemed immediately repair or cause to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Propertiesrepaired, Inc.at its expense, its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, all damage caused to the place Temporary Space, Building, or the Real Property by Tenant or any of beginningTenant’s Agents. For Title see Deed recorded with Tenant shall indemnify and hold Landlord harmless from and against any and all loss, cost, damage or expense of any nature caused by Tenant or any of Tenant’s Agents. Tenant further agrees that it is responsible for returning the Middlesex South District Registry of Deeds Temporary Furniture in Book 12926good order and condition, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 ordinary wear and tear and loss by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now fire or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andother casualty excepted.
Appears in 1 contract
Samples: Lease Agreement (Redwood Trust Inc)
Temporary Space. Upon In the event that Landlord in unable to timely cause the termination of the Nuera Lease as set forth in Section 29.37, above, and in the event that despite Tenant’s good faith, diligent efforts, Tenant is unable to enter into such Nuera Sublease as set forth in Section 39.37.1, above (which failure shall be deemed not to have occurred in the event that Tenant refuses to enter into the Nuera Sublease on commercially reasonable prior notice from Tenant to Landlordterms) on or before June 1, 2006, then no later than June 1, 2006, Landlord agrees to shall provide Tenant with temporary at least 20,000 rentable square feet of space in the building located at 0000 Xxxxxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (the "“Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date ”). The term of Tenant's notice requesting that ’s lease of the Temporary Space be made available and expiring shall terminate on the Commencement Date date (the “Temporary Space Expiration Date”) which is ninety-one (91) days following the date upon which Landlord tenders possession of this Leaseall or any portion of the 10445 Premises to Tenant. Tenant's occupancy ’s possession of the Temporary Space shall be subject to all of the terms and conditions of this Lease to as though such Temporary Space were included in the extent appropriatePremises, except that (iA) Annual Fixed Tenant shall not be required to pay Base Rent for or, generally, Tenant’s Share of the Direct Expenses otherwise attributable to such Temporary Space during Tenant’s period of occupancy of the Temporary Space Space; provided, however, Tenant shall be payable at the annual rate equal to the product of (x) $4.00 pay for all utilities and (y) the rentable floor area other costs incurred in connection with Tenant’s use and occupancy of the Temporary Space, (iiB) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iiiC) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy accept the Temporary Space in such its existing “as manner as is” condition, (D) Tenant shall not make any alterations or improvements to minimize the Temporary Space or any unreasonable interference with portion thereof, without Landlords prior written approval, which approval may be withheld in Landlord's performance ’s sole discretion, (E) the terms of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which Tenant Work Letter shall be deemed inapplicable to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278Temporary Space, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01F) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved Landlord shall have no obligation to provide or pay for Town improvements of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, any kind with respect to the place of beginningTemporary Space. For Title see Deed recorded Tenant shall vacate and surrender the Temporary Space to Landlord on or before the Temporary Space Expiration Date in as good order and condition as when Tenant took possession, reasonable wear and tear excepted. Tenant shall be solely responsible for all costs incurred in connection with the Middlesex South District Registry of Deeds moving in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly out of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTemporary Space.
Appears in 1 contract
Samples: Office Lease (Favrille Inc)
Temporary Space. Upon reasonable prior notice Effective on October 6, 1997 ("Effective Date"), Tenant accepts and leases from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space approximately 2,783 rentable square feet on the ninth floor of the Project as shown on the attached Exhibit 1 (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease). Tenant's occupancy of the The Temporary Space shall be subject added to and become part of the Premises on all of the terms and conditions of this Lease the Lease, except that:
A. The Temporary Space shall be added to the extent appropriatePremises for a limited term ("Temporary Space Term") beginning on the Effective Date and ending on the earlier of: (1) termination of the Temporary Space Term by either party, except for any reason, upon ten (10) days advance written notice to the other party; or (2) the expiration or termination of the Term of the Lease. Landlord shall not be liable nor shall the Lease be impaired by any delay or inability to deliver possession of the Temporary Space for any reason whatsoever; provided, that all Rent for the Temporary Space shall be abated until Landlord delivers possession of such space to Tenant.
B. During the Temporary Space Term, Tenant shall pay Rent for the Temporary Space as follows:
(i1) Annual Fixed Base Rent at an annual rate of $15.00 per rentable square foot, payable in advance in equal monthly installments of $3,478.75, and (2) Operating Cost Rent at the same rate per rentable square foot as payable for the Initial Premises and subject to the same adjustments as provided in the Lease. Rent for the Temporary Space shall be payable at in advance on the annual rate equal Effective Date and on the first day of each month thereafter during, the Temporary Space Term. Rent for any partial month shall be prorated.
C. Tenant acknowledges that it has inspected the Temporary Space and agrees to accept the Temporary Space on an "as is" basis, with no obligation of Landlord to do or pay for any work or plans relating to the product Temporary Space.
D. Upon the expiration or termination of the Temporary Space Term, Tenant shall completely vacate and surrender possession of the Temporary Space to Landlord in as good condition as when Tenant took possession, ordinary wear and tear excepted. The expiration or termination of the Temporary Space Term shall not terminate or modify the Term of the Lease with respect to the remaining Premises. If Tenant holds over in the Temporary Space after the termination or expiration of the Temporary Space Term, in addition to Landlord's other rights and remedies under the law and the Lease and in addition to payment of Rent for the Initial Premises:
(x1) $4.00 Tenant shall pay holdover rent for the Temporary Space at one hundred fifty percent (150%) of the rate for Base Rent and (y) the rentable floor area Operating Cost Rent payable by Tenant for such space pursuant to Section 2B of this Amendment, computed on a daily basis for each day Tenant remains in possession of the Temporary Space; and (2) Landlord shall immediately be entitled to lawfully retake possession of the Temporary Space and to recover from Tenant all costs, reasonable attorneys fees and damages sustained by Landlord as a result of such holding over by Tenant.
E. Upon reasonable prior notice to Tenant, Landlord reserves the right to inspect and show the Temporary Space to prospective tenants. Within ten (ii10) for days after written request by Landlord from time to time, Tenant shall execute a written confirmation concerning the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect term, rent, size, location, or any other matter relating to the Temporary Space.
F. At any time during the Temporary Space Term, Landlord may relocate the Temporary Space to another area in the Project ("substituted space") upon ten (10) days prior written notice; provided, that
(1) the substituted space shall be substantially similar to the Temporary Space in area, condition and suitability for Tenant's use; and (2) Landlord shall pay the reasonable out-of-pocket costs of moving Tenant's property and equipment to the substituted space. If Landlord exercises such relocation right, the "Rentable Floor Area of the Premises" substituted space shall thereafter be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andall purposes.
Appears in 1 contract
Samples: Lease Agreement (Ebenx Inc)
Temporary Space. Upon reasonable prior notice from Tenant (i) Commencing on Tenant’s receipt of the Existing Premises Vacate Notice and continuing through the earlier to Landlord, Landlord agrees to provide Tenant with temporary space occur of (1) the Tenant’s First Amendment Work Substantial Completion Date (as hereinafter defined) and (2) the date that is nine (9) months after the Existing Premises Required Vacate Date (the "“Temporary Space Term”), Owner shall demise to Tenant and Tenant shall lease from Owner the entire 18th floor of the Building, designated by Owner as Suite 1800, which the parties deem to comprise approximately 4,500 square feet of rentable area (but such measurement shall not constitute a representation or warranty of any kind by Owner as to the actual square footage of such space, rentable or otherwise, nor shall such measurement be subject to confirmation), substantially as shown on Exhibit C attached hereto and made a part hereof (but excluding elements of the Building which penetrate through the floor and janitor and electrical closets) (the “Temporary Space"”). On the Existing Premises Required Vacate Date, Tenant shall vacate the Existing Premises pursuant to Section 8(d)(iii) on either the second floor of Building A or the second floor of Building B of a size above and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days relocate its offices from the date of Tenant's notice requesting that Existing Space to the Temporary Space. Tenant shall accept the Temporary Space be made available and expiring in its “as-is” condition on the Commencement Existing Premises Required Vacate Date and Owner shall not be required to perform any work, supply any materials, contribute any funds or incur any expense to prepare the Temporary Space in connection with Tenant’s occupancy thereof, except that Owner shall deliver the Temporary Space vacant and in broom-clean condition, free of this debris and personal property and free of hazardous substances and materials (including mold) the presence of which violates applicable laws, with all utilities connected thereto, with all Building-standard systems servicing the Temporary Space in working order and in compliance with all applicable laws the violation of which materially interferes with Tenant’s ability to occupy the Temporary Premises for the use permitted pursuant to Article 2 of the Existing Lease. Tenant's occupancy of During the Temporary Space Term, the term “Demised Premises”, “demised premises” or “Premises” as used herein and in the Existing Lease with respect to the Temporary Space shall be subject deemed to all of the terms and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of include only the Temporary Space, (iiwhich Tenant agrees to occupy in accordance with the provisions of the Lease. Notwithstanding the foregoing, Tenant may have access to the Temporary Space after receipt of the Existing Premises Required Vacate Notice to perform Pre-Possession Activities in the Temporary Space as and to the extent provided in, and subject to the provisions of, Section 37(a)(ii) for of the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 Existing Lease, it being agreed that, with respect to the Temporary Space, references in said Section to (1) the "Rentable Floor Area of the “Demised Premises" ” shall be deemed to refer to and mean the Temporary Space, (2) the “Substantial Completion Date” shall be deemed to refer to and mean the rentable floor area first day of the Temporary Space Term, (3) the term “Owner’s Initial Work” shall not be applicable, and (4) the “Commencement Date” shall be deemed to refer to and mean the first day of the Temporary Space Term. Notwithstanding anything to the contrary contained in this Amendment, the Temporary Space Term shall be extended by one (1) day for each day of (1) Owner’s Delay and/or (2) Force Majeure Delay of the nature described in Section 8(d)(ii)(2) that Tenant may encounter in commencing or performing Tenant’s First Amendment Work (or any portion thereof), such Force Majeure Delay not to exceed ninety (90) days in the aggregate.
(ii) Tenant’s moves from the Existing Premises to the Temporary Space and from the Temporary Space to the Premises shall be at Tenant’s sole cost and expense; provided, that, Tenant may use the Free Freight (as hereinafter defined) in connection with such moves, provided that Free Freight is used in increments of no less than 4 hours.
(iii) During the Temporary Space Term, the provisions of the Lease shall apply to the Temporary Space in the same manner that they would have applied to the Existing Premises, mutatis mutandis, except that, Tenant shall pay Fixed Rent (which includes all charges for electricity used in the Temporary Space) at the annual rate of $270,000.00 ($22,500.00 per month).
(iv) In the event that Tenant shall hold over in the Temporary Space after the expiration of the Temporary Space Term, then Owner shall have all of the rights under, and the provisions of Article 48 of the Existing Lease shall apply to, such holdover in the same manner that they would apply to a holdover of the Premises at the expiration of the term of the Lease, mutatis, mutandis, except that the use and occupancy charge payable by Tenant with respect to the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance $30,000 for each month (or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying portion thereof) of such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andholdover.
Appears in 1 contract
Samples: Lease Amendment (REGENXBIO Inc.)
Temporary Space. Upon reasonable prior notice from Tenant Ferry I Building Owner shall grant Lessee a license to Landlord, Landlord agrees to provide Tenant with temporary space temporarily occupy a portion of the Ferry I Building consisting of approximately 3,998 square feet of Rentable Area identified on Exhibit “E” (the "“Temporary Space"”) on either the second floor of conditions set forth in this paragraph. The license granted in this paragraph is an accommodation to Lessee, and so neither Lessor nor Ferry I Building A Owner is required to pay for or the second floor of Building B of a size and perform any work in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that connection with the Temporary Space be made available except that Lessor and/or Ferry I Building Owner shall construct the Temporary Space pursuant to the space plan attached hereto as Exhibit “E-1”, and expiring on neither Lessor nor Ferry I Building Owner will incur any liabilities to Lessee in connection with this license or the Temporary Space, all of which are hereby irrevocably waived by Lessee. Unless extended pursuant to Section 7, below, the license granted in this paragraph shall expire upon the earlier of the following to occur (the “Surrender Date”): fifteen (15) days after the Commencement Date of this the Second Installment Space. Lessee shall pay to Ferry I Building Owner base rental for the Temporary Space in the amount of $29.50 per square foot, per year, which base rental shall be abated in full provided that no default occurs under the Lease. Tenant's Neither Lessor or Ferry I Building Owner nor Lessee will be required to make alterations to and/or or repair or maintain the Temporary Space, except that Lessee will be responsible for repairs and maintenance required as a result of any negligent or intentional misconduct by Lessee and/or its agents, employees, or contractors during that period that Lessee occupies the Temporary Space. Time is of the essence, and holding over will not be permitted unless an extension is granted pursuant to Section 7, below, or unless as otherwise specifically agreed to in writing by Lessor in its sole and absolute discretion. If Lessee holds over in the Temporary Space (i.e., fails to surrender the Temporary Space by the Surrender Date), in addition to any other remedies available to Lessor, Lessee will indemnify, defend and hold harmless Lessor and Ferry I Building Owner from all liabilities in connection therewith. Except as otherwise set forth in this paragraph, occupancy of the Temporary Space by Lessee shall be subject to all of the terms and conditions provisions of this Lease the Lease. Notwithstanding the foregoing, Lessor and/or Ferry I Building Owner reserve the right to the extent appropriate, except that (i) Annual Fixed Rent for relocate the Temporary Space shall be payable at to reasonably comparable space within the annual rate equal Project in the event that such relocation is necessary to the product of (x) $4.00 and (y) the rentable floor area accommodate a tenant relocation in connection with Lessor’s delivery of the Temporary Space, (ii) for the purposes Second Expansion Premises. Lessor and/or Ferry I Building Owner will give Lessee written notice of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect its intention to the Temporary Space, the "Rentable Floor Area of relocate the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 Lessee will complete such relocation within thirty (283.0130) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town days after receipt of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andsuch notice.
Appears in 1 contract
Samples: Office Lease (Lifelock, Inc.)
Temporary Space. Upon reasonable prior notice from Tenant a. Notwithstanding anything to Landlordthe contrary contained in this Lease and as an accommodation to Tenant, pending completion of the Landlord Work in the Premises, Landlord agrees to shall provide Tenant with certain temporary space known as Suite 660 (the "“Temporary Space") on either ”). However, Landlord hereby reserves the second floor right to substitute temporary comparable space in the Project during the term of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty temporary use.
b. Within thirty (6030) days from the date after execution of Tenant's notice requesting that this Lease, Tenant shall be entitled to possession upon mutual execution and delivery of this Lease. Tenant shall occupy and use the Temporary Space be made available and expiring on only for the uses specified in Section 1.01(18) to conduct Tenant’s business. Tenant shall surrender possession of the Temporary Space no later than three (3) days after the Commencement Date of this Lease, unless possession is terminated earlier as provided for herein. Tenant's occupancy of the Temporary Space shall be subject to all of the terms and conditions Upon any termination or expiration of this Lease to the extent appropriateLease, except that (i) Annual Fixed Rent for the Temporary Space Tenant shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of remove all its personal property from the Temporary Space and (iii) shall return to Landlord all keys to the Temporary Space and shall vacate and surrender the Temporary Space in broom clean condition, reasonable wear and tear excepted.
c. Tenant understands, acknowledges and agrees that the Temporary Space shall be delivered “AS IS” with no obligation of Landlord to do any work therein or supply any materials in connection therewith.
d. Upon occupancy of the Temporary Space, Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable obligated to pay to Landlord Rent in the amount of One Thousand and No/100 Dollars ($1,000.00) per month in connection with respect theretothe Temporary Space, plus the parking charges set forth in this Lease, which payments shall be prorated for any partial months.
e. Tenant shall maintain at its expense, in an amount equal to full replacement cost, fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Temporary Space. In addition, it is acknowledged and agreed that if Tenant shall elect maintain a policy of comprehensive general liability insurance with respect to lease any Tenant’s activities in the Temporary Space hereunderSpace, which shall provide minimum protection of not less than One Million and No/100 dollars ($1,000,000.00) combined single limit coverage of bodily injury, property damage, or combination thereof. Tenant shall be occupying such Temporary Space while provide Landlord is proceeding with components current certificates of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference insurance evidencing Tenant’s compliance with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andthis requirement.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from In the event Tenant fails to Landlordsubstantially complete construction of the Tenant Improvements in the Premises on or before February 1, Landlord agrees 2013, then, pursuant to provide the terms of this Section 5, Tenant with shall have the right, at Tenant’s option, to continue occupying, on a temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that basis during the Temporary Space Term (as defined below), that certain space in the Building known as Suite 200 containing approximately 20,502 total rentable square feet, and depicted on Exhibit A attached hereto (the “Temporary Space”). In the event that Tenant desires to exercise such right to continue occupying the Temporary Space, Tenant shall deliver written notice thereof (which notice may, notwithstanding the terms of the Lease, be made available sent via electronic mail to the Building’s Property Manager and Landlord’s Regional Vice President to email addresses they have previously provided so long as confirmations of receipt of such emails are given to Landlord and also so long as written notice is also sent to Landlord as required under the Lease) to Landlord no later than ten (10) days prior to the RP Termination Date, in which event, Tenant may continue to lease Suite 200 for a term (the “Temporary Space Term”) commencing on February 1, 2013 and expiring on March 31, 2013 and subject to all of the Commencement Date provisions of the Lease, except as otherwise expressly provided in this LeaseSection 5. Tenant shall pay Base Rent for the Temporary Space during the Temporary Space Term at a rate of $1.10 per square foot. Tenant shall accept such space in its then existing condition and state of repair, “AS IS”, and Landlord shall not be obligated to provide or pay for any improvement, remodeling or refurbishment work or services related to the improvement, remodeling or refurbishment of the Temporary Space. Tenant acknowledges that no representations or warranties of any kind, express or implied, respecting the condition of the Temporary Space have been made by Landlord or any agent of Landlord to Tenant's , except as expressly set forth herein. Tenant agrees that its occupancy of the Temporary Space shall be subject to all of the terms terms, covenants and conditions of this as set forth in the Lease and applicable to the extent appropriatePremises, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Spaceincluding, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Spacewithout limitation, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area restoration obligations upon surrender of the Temporary Space and (iii) at the end of the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect theretoTerm. In addition, it is acknowledged and agreed that if If Tenant shall elect fail to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A vacate and B and accordingly that Tenant shall use and occupy surrender the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (accordance with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and provisions of Section 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds above at the end of Book 9844the Temporary Space Term, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly the provisions of Article 16 of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andLease shall apply.
Appears in 1 contract
Samples: Lease Agreement (Cafepress Inc.)
Temporary Space. Upon reasonable prior notice from 12.1 Tenant shall have the option to Landlord, Landlord agrees to provide Tenant with lease as temporary space certain premises containing approximately 7,017 rentable square feet described as Suite 100 and located on the first (1st) floor of the Building (the "“Temporary Space"”) for a term (the “Temporary Space Term”) commencing on the Substitution Space Delivery Date and continuing though and including the Substitution Effective Date (such date being referred to herein as the “Temporary Space Expiration Date”). If Tenant elects to lease the Temporary Space, Tenant must provide Landlord notice of its election (the “Temporary Space Notice”) on either or before September 30, 2015.
12.2 During the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that use of the Temporary Space, Tenant shall pay Minimum Monthly Rent for the Temporary Space be made available and expiring on in an amount equal to $21,051.00 per month. During the Commencement Date period of this Lease. Tenant's occupancy use of the Temporary Space, Tenant shall not be required to pay: (i) Tenant's Proportionate Share of Operating Costs, Taxes and Insurance Costs as all are related to the Temporary Space (but in any event Tenant shall be responsible for all other rents due hereunder). Further, Tenant shall not be entitled to receive any allowances, abatement or other financial concession granted with respect to the Original Leased Premises or Substitution Space as to the Temporary Space. However, except as otherwise provided herein, the Temporary Space shall be subject to all of the terms and conditions of this Lease the Lease, including, without limitation, the insurance and indemnity provisions hereof.
12.3 Tenant has inspected the Temporary Space and agrees to accept the same “as-is” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements. Tenant shall vacate the Temporary Space on or prior to the extent appropriateTemporary Space Expiration Date and deliver up the Temporary Space to Landlord in as good condition as the Temporary Space was delivered to Tenant, except that (i) Annual Fixed ordinary wear and tear excepted. Tenant shall have no right to hold over or otherwise occupy the Temporary Space at any time following the expiration or earlier termination of the Temporary Space Term and in the event of any such holdover, Landlord shall immediately be entitled to institute dispossessory proceedings to recover possession of the Temporary Space, without first providing notice thereof to Tenant. In the event of holding over by Tenant after expiration or termination of the Temporary Space Term without the written authorization of Landlord, Section 33.2 of the Original Lease shall apply and the Minimum Monthly Rent rate applicable to determine the holdover rate shall be the rate then in effect for the Premises. During any such holdover, Tenant's occupancy of the Temporary Space shall be payable deemed that of a tenant at sufferance, and in no event, during the annual rate equal Temporary Space Term or during any holdover by Tenant, shall Tenant be determined to the product of (x) $4.00 and (y) the rentable floor area of be a tenant-at-will under applicable law. While Tenant is occupying the Temporary Space, Landlord or Landlord's authorized agents shall be entitled to enter the Temporary Space pursuant to the terms and conditions contained in Section 22.1 of the Original Lease; provided, however, that (i) Landlord may, subject to Section 22.1 of the Original Lease, display the Temporary Space to prospective tenants during regular business hours, and (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect restoration obligations following damage caused by a casualty as described in Article 19 of the Original Lease shall in no event apply to any Temporary Space.
12.4 If Tenant timely elects to lease the Temporary Space, Tenant shall, at Landlord's request, execute and deliver a memorandum agreement setting forth the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the actual Temporary Space Effective Date and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andother appropriate terms.
Appears in 1 contract
Samples: Lease (Puma Biotechnology, Inc.)
Temporary Space. Upon reasonable prior notice from Subject to Section 2.B. below, during the period beginning on the execution date of this Amendment and ending June 30, 2004 ("TEMPORARY SPACE TERM"), Tenant shall be permitted to Landlordoccupy Suite 1818 at the 00 Xxxxx Xxxxxx Xxxxxxxx ("SUITE 1818") consisting of 16,434 rentable square feet, which space is depicted on Exhibit A (Suite 1818 and any space provided by Landlord agrees in substitution thereof pursuant to provide Tenant with temporary space (the terms hereof is referred to as the "Temporary SpaceTEMPORARY SPACE") on either the second floor of Building A ). No Base Rent or the second floor of Building B of a size and in a location Rent Adjustment shall be payable with respect to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on during the Commencement Date of this Lease. Tenant's occupancy of Temporary Space Term, otherwise the Temporary Space shall be subject to all governed by the terms of the terms and conditions of this Lease Lease. Landlord will have the right to relocate Tenant from Suite 1818 to comparable alternative space in the extent appropriate, except that (i) Annual Fixed Rent Building or 00 Xxxxx Xxxxxx Xxxxxxxx as Temporary Space for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area balance of the Temporary Space Term, provided that Landlord notifies Tenant of such change no later than September 30, 2003. Landlord will pay or reimburse Tenant for all costs incurred by Tenant in connection with moving to such alternative Temporary Space up to the sum of $250,000 (the "RELOCATION ALLOWANCE"). If all or any portion of the Relocation Allowance is not used for such relocation costs on or before June 30, 2004, regardless of whether Landlord requires Tenant to relocate to alternative Temporary Space, Tenant may use such amount for any other relocation costs in the Building or 00 Xxxxx Xxxxxx Xxxxxxxx incurred by Tenant or as a credit -2- against Base Rent and (iii) Rent Adjustment. Unless such Temporary Space is encumbered by occupancy rights of a third party Building or 00 Xxxxx Xxxxxx Xxxxxxxx tenant, Tenant shall have the right, exercised by notice to Landlord no later than December 31, 2003, to add the Temporary Space shall to the Premises. In the event the Tenant exercises such option, the Temporary Space will be delivered added to Tenant in its "the Premises for the balance of the Term, as is" condition the same may be extended, or such shorter period if such Temporary Space is then encumbered by third party Building tenant rights, and no improvement allowance or brokerage commission Base Rent and Rent Adjustment shall be payable with respect theretothereto at the same rates as applicable to the other Office Premises (the term "Office Premises" is to be defined in the Proposed Extension Amendment). In addition, it is acknowledged and agreed that if If Tenant shall elect to lease any holds over in the Temporary Space hereunderSpace, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy obligated to pay rent for the Temporary Space in such as manner as during the holdover period at a rate equal to minimize any unreasonable interference with Landlord's performance of twice the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, rate applicable to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andother Office Premises.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice (a) Landlord hereby leases to Tenant and Tenant hereby hires from Tenant to Landlord, subject to the terms and conditions of this Lease, the entire 00xx xxxxx xx Xxxxxxxx X (the "First Temporary Space") substantially as shown on the plan annexed as Exhibit B-1. Landlord agrees and Tenant agree that the First Temporary Space is conclusively deemed to provide contain 12,217 rentable square feet. Tenant shall occupy the First Temporary Space beginning on December 1, l999 ("First Temporary Space Occupancy Date"), and unless Tenant shall have exercised its option to lease the First Temporary Space for the Term of this Lease in accordance with temporary Section 1.08 hereof, such occupancy of the First Temporary Space shall end two (2) weeks after substantial completion of Tenant's Initial Improvements, but, in no event, shall such occupancy extend beyond one hundred eighty (180) days after the Possession Date (the "Temporary Space Vacancy Date").
(b) In the event that the Possession Date shall not occur on or before February 1, 2001, Landlord shall lease to Tenant and Tenant shall hire from Landlord, subject to the terms and conditions of this Lease, additional space suitable for the uses permitted under this Lease of at least 8,000 square feet but no more than 12,000 square feet (the "Second Temporary Space" together with the First Temporary Space, the "Temporary Space") on in either the second floor of (i) Building A or (ii) Building B. Tenant shall occupy the second floor Second Temporary Space beginning on February 1, 2001, and such occupancy of Building B of a size and the Second Temporary Space shall end, unless sooner terminated as provided in a location this Lease, on the Temporary Space Vacancy Date. Tenant shall have the right to be mutually agreed upon reject the Second Temporary Space offered by Landlord by notice to Landlord given within five (5) Business Days after Landlord has designated such space, provided that, if Tenant so rejects such Second Temporary Space, Landlord shall have no further obligation under this Section 1.06(b) to provide additional temporary space to Tenant.
(c) The fixed rent for the First Temporary Space shall be at an annual rate of $32.00 per rentable square foot of the First Temporary Space for the period commencing on the First Temporary Space Occupancy Date and, subject to Article 10 hereof, ending on the Temporary Space Vacancy Date. The fixed rent for the Second Temporary Space shall be at an annual rate of $32.00 per square foot of the Second Temporary Space for the period commencing on February 1, 2001 and ending on Temporary Space Vacancy Date. Fixed rent for the First Temporary Space and, if applicable, the Second Temporary Space shall be payable by Tenant in equal monthly installments in advance on the first day of each calendar month after the date of this Lease, provided, that Tenant shall pay, upon the execution and delivery of this Lease by Tenant, the first full monthly installment of fixed rent for the First Temporary Space.
(d) Tenant shall pay such Additional Charges, as defined in Section 2.03, other than any Tax Payments described in Section 2.04 and any expense escalations described in Section 2.10, as are applicable to the occupancy of both the First Temporary Space and the Second Temporary Space.
(e) Notwithstanding the foregoing, if Landlord does not deliver the Original Premises to Tenant on or prior to September 30, 2001, Tenant shall have the right to terminate this Lease by sending written notice (a period "Termination Notice") to Landlord at least thirty (30) days prior to Tenant's desired termination date, which date shall be no later than 270 days after the date of time commencing no earlier the Termination Notice (the "Termination Date"). If Tenant has not delivered a Termination Notice and the Original Premises have not been delivered to Tenant on or prior to December 31, 2001, either Tenant or Landlord shall have the right to terminate this Lease by delivering a Termination Notice to the other party; provided that Landlord shall only have the right to terminate this Lease in accordance with this Section 1.06(e) if Landlord has made a reasonable effort to deliver the Original Premises to Tenant as required under this Lease. If Tenant delivers a Termination Notice pursuant to the preceding sentence, such Termination Notice shall set forth a Termination Date, which date shall be not less than sixty (60) 30 days nor more than 270 days from the date of the Termination Notice. If Landlord delivers a Termination Notice pursuant to the preceding sentence, Tenant's , within ten (10) Business Days thereafter, shall deliver to Landlord a separate notice requesting that setting forth a Termination Date, which shall be not less than 30 days nor more than 270 days from the Temporary Space be made available and expiring on date of the Commencement Date Termination Notice delivered by Landlord. If Tenant has exercised the Expansion Option in accordance with Article 10 of this Lease. Tenant's occupancy of the Temporary Space shall be , then, subject to all of the terms and conditions of provisions set forth in this Lease to the extent appropriateSection 1.06(e), except that (i) Annual Fixed Rent for the Temporary Space Landlord's right to terminate this Lease provided hereunder shall be payable at the annual rate equal limited to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 terminating this Lease solely with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space Original Premises and (iiiii) the Temporary Space shall be delivered Tenant may elect to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable terminate this Lease solely with respect theretoto the Original Premises, provided that Tenant notifies Landlord of such election in Tenant's Termination Notice. In additionthe event of such an election, it is acknowledged this Lease shall remain in full force and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding effect with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, respect to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andExpansion Space.
Appears in 1 contract
Samples: Lease (Actv Inc /De/)
Temporary Space. Upon reasonable prior notice from Tenant to LandlordNotwithstanding the Target Expansion Effective Date, Landlord hereby agrees to provide use commercially reasonable efforts to deliver the Expansion Space to Tenant with temporary space for Tenant’s occupancy on or before July 1, 2010 (the "Temporary Space") on either “Accelerated Target Expansion Effective Date”); provided that, if Landlord anticipates so delivering the second floor of Building A or the second floor of Building B of a size and in a location Expansion Space to be mutually agreed upon by Tenant prior to July 1, 2010, Landlord and Tenant for a period of time commencing no earlier than shall provide at least sixty (60) days from prior written notice to Tenant thereof. Notwithstanding any provision herein to the contrary, if the Expansion Space is not Ready for Occupancy on or before the Accelerated Target Expansion Effective Date for any reason (including any delay caused by a “Tenant Delay,” as defined in Section 4.2 of the Work Letter), Tenant shall have the right to lease up to 5,000 rentable square feet of temporary space upon written notice (“Temporary Space Notice”) to Landlord. The Temporary Space Notice shall indicate the amount of temporary space (“Temporary Space”) required by Tenant and the date of on which Tenant requires access to such space (provided that such requested delivery date shall in no event be no less than ten (10) days following Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy ’s delivery of the Temporary Space Notice). Notwithstanding any contrary provision hereof, Landlord shall have the right to provide Temporary Space which (A) is not less than ninety percent (90%) of the rentable square feet designated by Tenant in the Temporary Space Notice (but in no event greater than 5,000 rentable square feet), and (B) may be located in either the Building or the adjacent building located at 577 Airport Boulevard, Burlingame, California, as designated by Landlord in Landlord’s sole discretion; provided that, in any event, such Temporary Space shall be subject configured as contiguous space. Commencing on the date Landlord delivers the Temporary Space to all Tenant (the “Temporary Space Commencement Date”), and ending on the Expansion Effective Date (“Temporary Space Term”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, the Temporary Space. All of Tenant’s obligations under the terms and conditions of this Lease Lease, as amended, shall apply to such Temporary Space during the extent appropriateTemporary Space Term, except that (i) Annual Fixed Tenant shall not be obligated to pay any Expenses or Taxes attributable to such Temporary Space; and (ii) notwithstanding any provision in the Lease, as amended, to the contrary, Tenant shall be obligated to pay Base Rent for the Temporary Space shall be payable at the annual a monthly rental rate equal to the product of (x) $4.00 and (y) the 1.00 per rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area square foot of the Temporary Space and (iii) commencing on the Temporary Space shall be delivered Commencement Date and ending on the earlier to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components occur of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013Expansion Effective Date, Page 486 and (b) filed with October 31, 2010; provided, however, if the Middlesex South Registry District Expansion Effective Date does not occur by October 31, 2010 (subject to a day-for-day extension due to Force Majeure or Tenant Delay), then from and after November 1, 2010 for the remainder of the Land Court as Document No. 599584 as Temporary Space Term, Tenant shall not be obligated to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andpay any Base Rent for such Temporary Space.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from 8.01 Landlord shall permit Tenant to Landlorduse Suite 875 located on the 8th floor of the building owned by an affiliate of Landlord located at Four Stamford Plaza, Landlord agrees to provide Tenant with temporary space 000 Xxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxxx containing approximately 8,718 rentable square feet (the "“Temporary Space"”) on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on hereof through the Commencement Date of this Leasefor the Premises. Tenant's occupancy of the Temporary Space shall be subject to all All of the terms and conditions of this Lease shall apply to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, except that: (iii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 Tenant shall not be entitled to receive any allowances or abatements with respect to the Temporary SpaceSpace except as expressly set forth in this Section 8.01, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iiiii) the Temporary Space shall be delivered accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and without any obligation of Landlord to perform any of Landlord’s Work in the Temporary Space, (iii) Tenant shall not be required to pay Base Rent or Tenant’s Pro Rata Share of Taxes and Expenses pursuant to Exhibit B for the Temporary Space, (iv) Tenant shall pay a “Temporary Space Electric and Cleaning Charge” of $5.00 per RSF of the Temporary Space on an annual basis ($43,590.00), payable in monthly installments of $3,632.50. The Temporary Space Electric and Cleaning Charge shall be pro-rated for the duration of the term of Tenant’s occupancy of the Temporary Space and shall be pro-rated for any partial month during Tenant’s occupancy of the Temporary Space. The Temporary Space Electric and Cleaning Charge shall be due and payable in advance on the first day of each calendar month without notice or demand. Landlord shall provide office furniture from its inventory of furniture in the Temporary Space for Tenant’s use for the duration of the term of Tenant’s occupancy of the Temporary Space at no additional cost to Tenant. All furniture provided by Landlord shall remain at the Temporary Space. Tenant shall be responsible for any damage to Landlord’s furniture, reasonable wear and tear excepted.
8.02 Effective as of the Commencement Date for the Premises, Tenant shall vacate and surrender the Temporary Space in accordance with the provisions of Section 25 of this Lease. If Tenant fails to vacate and surrender the Temporary Space by the Commencement Date for the Premises, as aforesaid, the provisions of Section 22 of this Lease shall apply to any such holdover by Tenant in the Temporary Space. EXHIBIT G BUILDING RULES AND REGULATIONS This Exhibit is attached to and made a part of the Lease by and between ONE STAMFORD PLAZA OWNER LLC, a Delaware limited liability company (“Landlord”) and LOXO ONCOLOGY, INC., a Delaware corporation (“Tenant”) for space in the Building located at 000 Xxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxxx. The following rules and regulations shall apply, where applicable, to the Premises, the Building, the parking facilities (if any), the Property and the appurtenances. In the event of a conflict between the following rules and regulations and the Lease, the Lease shall control. Capitalized terms have the same meaning as defined in the Lease.
1. Sidewalks, doorways, vestibules, halls, stairways and other similar areas shall not be obstructed by Tenant or used by Tenant for any purpose other than ingress and egress to and from the Premises. No rubbish, litter, trash, or material shall be placed, emptied, or thrown in those areas. At no time shall Tenant permit Tenant’s employees to loiter in Common Areas or elsewhere about the Building or Property.
2. Plumbing fixtures and appliances shall be used only for the purposes for which designed and no sweepings, rubbish, rags or other unsuitable material shall be thrown or placed in the fixtures or appliances.
3. No signs, advertisements or notices shall be painted or affixed to windows, doors or other parts of the Building, except those of such color, size, style and in such places as are first approved in writing by Landlord. All tenant identification and suite numbers at the entrance to the Premises shall be installed by Landlord, at Tenant’s cost and expense, using the standard graphics for the Building. Except in connection with the hanging of lightweight pictures and wall decorations, no nails, hooks or screws shall be inserted into any part of the Premises or Building except by the Building maintenance personnel without Landlord’s prior approval, which approval shall not be unreasonably withheld.
4. Landlord may provide and maintain in the first floor (main lobby) of the Building an alphabetical directory board or other directory device listing tenants and no other directory shall be permitted unless previously consented to by Landlord in writing.
5. Tenant shall not place any lock(s) on any door in the Premises or Building without Landlord’s prior written consent, which consent shall not be unreasonably withheld, and Landlord shall have the right at all times to retain and use keys or other access codes or devices to all locks within and into the Premises. A reasonable number of keys to the locks on the entry doors in the Premises shall be furnished by Landlord to Tenant in its "as is" condition at Tenant’s cost and no improvement allowance or brokerage commission Tenant shall not make any duplicate keys. All keys shall be payable returned to Landlord at the expiration or early termination of the Lease.
6. All contractors, contractor’s representatives and installation technicians performing work in the Building shall be subject to Landlord’s prior approval, which approval shall not be unreasonably withheld, and shall be required to comply with respect theretoLandlord’s standard rules, regulations, policies and procedures, which may be revised from time to time.
7. In additionMovement in or out of the Building of furniture and office equipment, it is acknowledged and agreed that if or dispatch or receipt by Tenant of merchandise or materials requiring the use of elevators, stairways, lobby areas or loading dock areas, shall be restricted to hours reasonably designated by Landlord. Tenant shall elect obtain Landlord’s prior approval by providing a detailed listing of the activity, which approval shall not be unreasonably withheld. If approved by Landlord, the activity shall be under the supervision of Landlord and performed in the manner required by Landlord. Tenant shall assume all risk for damage to lease articles moved and injury to any Temporary Space hereunderpersons resulting from the activity. If equipment, property, or personnel of Landlord or of any other party is damaged or injured as a result of or in connection with the activity, Tenant shall be occupying such Temporary Space while solely liable for any resulting damage, loss or injury.
8. Landlord is proceeding with components shall have the right to approve the weight, size, or location of heavy equipment or articles in and about the Base Premises, which approval shall not be unreasonably withheld. Damage to the Building Work in Buildings A and B and accordingly that Tenant shall use and occupy by the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance installation, maintenance, operation, existence or removal of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which Tenant’s Property shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds repaired at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTenant’s sole expense.
Appears in 1 contract
Samples: Office Lease Agreement
Temporary Space. Upon reasonable prior notice from Tenant Subject to Landlordthe terms and provisions of this Section 6, Landlord agrees to shall provide Tenant with the right and license to use and occupy on a temporary basis certain space in the Building comprising approximately 17,289 rentable square feet, being all of the leaseable space on the 12th floor of the Building (the "“Temporary Space") ”), subject to all of the terms and provisions of the Lease (including, without limitation, the use, indemnification, waiver, and insurance provisions set forth herein, but excluding any obligation for Basic Rent with respect thereto). The term of such license shall commence on either February 1, 2012 and shall end on July 31, 2012 (the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and “Temporary Space Term”). Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that may only use the Temporary Space in a manner consistent with the terms and provisions of the Lease. During the Temporary Space Term, Tenant shall be made available required to pay Landlord Tenant’s Proportionate Share as to the Temporary Space (being 3.687%) of Taxes and expiring Operating Expenses (the “Temporary Space Rent”) and shall also be responsible for electricity charges to the Temporary Space. In addition, if Tenant requires any additional services to the Temporary Space (such as additional cleaning or after-hours HVAC service) during the Temporary Space Term, Tenant shall pay Landlord for the same at the rates established by Landlord from time to time. The Temporary Space Rent shall be paid at the same time and in the same manner as installments of Basic Rent payable under the Lease. Tenant shall and hereby agrees to accept the Temporary Space in its “AS IS” condition as existing as of February 1, 2012, without any agreements, representations, understandings, or obligations on the Commencement Date part of this Landlord to perform any alterations, repairs (except for Landlord’s general repair obligations to the extent expressly set forth in the Lease), or improvements therein, or to provide any allowance therefor. Tenant shall vacate and surrender the Temporary Space to Landlord on or before the expiration of the Temporary Space Term in accordance with the terms and provisions of the Original Lease, including Section 12.2 therein, and Tenant's occupancy of ’s failure to so vacate and surrender the Temporary Space shall be subject to all the provisions of Section 12.1 of the terms Original Lease. Tenant shall be solely responsible for any and conditions of this Lease to the extent appropriateall moving, except that (i) Annual Fixed Rent for cabling, and related costs incurred by Tenant in connection with the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining and/or Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of ’s move from the Temporary Space and (iii) to the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space Premises demised hereunder, Tenant and Landlord shall be occupying have no liability or responsibility for any such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andcosts.
Appears in 1 contract
Samples: Lease (Enova International, Inc.)
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy of the Temporary Space shall be subject to all of the terms and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. (signatures on next page) 108 EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; and.
Appears in 1 contract
Samples: Lease Agreement (Irobot Corp)
Temporary Space. Upon reasonable prior notice from Tenant As an accommodation to LandlordLessee, Landlord agrees and an inducement to provide Tenant with temporary Lessee to enter into this Lease. Lessor shall arrange for the ability of Lessee to use approximately One Hundred Thousand (100,000) square feet of warehouse storage space located in the Ontario area (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease). Tenant's occupancy of the The Temporary Space shall be subject located by Lessor, and Lessor, provided Lessee is not, in default hereunder, shall bear all costs related to obtaining the Space for Lessee's use, provided, however, Lessor shall not be obligated to incur any out of pocket expenses for design or planning of the space, or for tenant improvements, security, or any other similar terms, it being agreed that as between Lessor and Lessee, Lessee will take the Temporary space on an "AS-IS" basis. At Lessor's request, Lessee agrees to execute such documents or instruments as may be reasonably necessary to confirm Lessee's agreement to be bound by all of the terms and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for use of the Temporary Space space imposed by the owner or master tenant thereof, other than the payment of rent or other occupancy costs except for property and liability insurance, (so long as Lessee is not in default under this Lease, or under the terms and conditions governing the occupancy of the Temporary space.) Lessee shall be payable at the annual rate equal however, as a condition to the product of (x) $4.00 and (y) the rentable floor area its right to enter into possession of the Temporary Space, (ii) deliver to Lessor at Lessee's sole cost and expense, for the purposes benefit of determining Tenant's payments Lessor and the landlord of the Temporary Space, certificates of insurance identical to those required under this Lease, except that all property and liability insurance shall name Lessor and Iron Mountain Records Management, Inc. (or such other entity as Lessor subsequently identifies to Lessee as the owner/landlord of the Temporary Space) as additional loss payees and additional insured, as applicable. Lessor shall use due diligence and commercially reasonable efforts to have the Temporary Space available to Lessee as soon as possible after the execution hereof, and its rights to and use of the Temporary Space shall terminate at such time as the Premises is available to Lessee for its legal use of same for storage of the materials stored at the Temporary Space (the "Ending Date"). Lessee acknowledges that its failure to vacate the Temporary Space on account or before the Ending Date shall constitute a breach of Landlord's Operating Expenses under Section 2.6 above this Lease, and Landlord's Tax Expenses under Section 2.7 from and after the date of such Lease, Lessee shall pay Lessor 150% of the costs thereafter incurred by Lessee with respect to the Temporary Space, to compensate Lessor for its ongoing expenses and the "Rentable Floor Area administrative and other costs incurred by Lessor in obtaining, maintaining, and otherwise dealing with the Temporary Space. All of the Premises" shall be deemed Lessors obligations with respect to be the rentable floor area of the Temporary Space arc contingent upon the complete execution and (iii) unconditional delivery of this Lease by Lessee, and the Temporary Space shall be delivered payment to Tenant in its "as is" condition Lessor of all funds due upon such execution and no improvement allowance or brokerage commission shall be payable with respect thereto. In additiondelivery, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with LandlordLessee's performance of under the Base Building Workterms hereof. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an originalLESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. WITNESSTHE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. [SIGNATURES ON NEXT PAGE] ATTENTION: LANDLORDNO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO:
1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE.
2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: BOSTON PROPERTIES LIMITED PARTNERSHIP ByTHE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE'S INTENDED USE. WARNING: Boston PropertiesIF THE PREMISES IS LOCATED IN A STATE OTHER THAN CALIFORNIA, Inc.CERTAIN, its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andPROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PREMISES IS LOCATED.
Appears in 1 contract
Samples: Lease Agreement (Converse Inc)
Temporary Space. Upon reasonable prior notice Landlord hereby leases (the "Short Term Lease") to Tenant and Tenant hereby leases from Tenant to Landlord, Landlord agrees to provide Tenant with temporary that certain space (designated as the "Temporary Space"" (herein so called) shown on either Exhibit C attached hereto, which space is situated on the second third (3rd) floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this LeaseBuilding. Tenant's occupancy The Agreed Rentable Area of the Temporary Space is 426 square feet. The Short Term Lease shall be subject to all of on the same terms and conditions of this Lease to contained in the extent appropriateLease, except that with the following exceptions: (i) the Short Term Lease shall be a month-to-month lease, commencing on the date of this Amendment and terminating on the date which is seven (7) days after the Additional Premises Commencement Date; (ii) the Basic Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area 0.00 per square foot of Agreed Rentable Area of the Temporary Space, (iiiii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 Tenant shall not be required to pay Additional Rent with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iiiiv) the Temporary Space shall be delivered "AS IS" and Tenant shall not be entitled to any Finish Allowance or other concessions in connection with the Temporary Space, (v) Tenant shall not be entitled to any renewal option in its "as is" condition connection with the Temporary Space, (vi) Tenant shall not be entitled to any additional parking spaces in connection with the Temporary Space, and no improvement allowance or brokerage commission (vi) Landlord shall be payable not provide any janitorial services to the Temporary Space. Except with respect thereto. In additionto the provisions specifically addressed the foregoing provisions of this Paragraph 10, it is acknowledged and agreed that if Tenant the term "Premises" as used in the Lease shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy include the Temporary Space (for example and without limitation, all insurance and indemnity provisions in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, Lease applicable to the place of beginning. For Title see Deed recorded with Premises shall also be applicable to the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTemporary Space).
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (Commencing on the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from next Business Day following the date of Tenant's notice requesting that mutual execution and delivery of this Lease and continuing until the Temporary Space be made available and expiring on thirtieth (30) day following the Commencement Date (the “Temporary Space Term”), Tenant shall have the right to occupy and use certain space consisting of approximately 22,000 RSF located on the 32nd floor of the Building (the “Temporary Space”) for the temporary relocation of Tenant’s personnel and personal property while Tenant is constructing the Initial Alterations. The Temporary Space will be furnished in its then existing “as is” condition except that it will be delivered in Base Building Condition. Except as expressly provided to the contrary in this Lease. Paragraph 59, Tenant's ’s use and occupancy of the Temporary Space during the Temporary Space Term shall be subject to all of the terms and conditions of this Lease to (including all insurance and indemnity obligations) as if it were part of the extent appropriate“Premises” hereunder, except that that: (ia) Annual Fixed Rent for Tenant shall take the Temporary Space shall in its “as is, where is” condition, with no representations being made by Landlord with respect thereto; (b) Tenant will be payable permitted, at the annual rate equal Tenant’s sole cost and expense, to the product of (x) $4.00 and (y) the rentable floor area of demolish certain walls within the Temporary SpacePremises (the “Demolition Work”), (ii) for subject to Landlord’s prior written approval and provided that Tenant otherwise complies with the purposes provisions of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 this Lease, including without limitation, Paragraph 9, with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space such Demolition Work; and (iiic) the Temporary Space shall be delivered to Tenant in its "as is" condition and provided that no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space Event of Default occurs hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy permitted to utilize the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance during the Temporary Space Term without payment of Monthly Rent or Additional Rent therefor. Upon the expiration of the Base Building Work. EXECUTED Temporary Space Term, Tenant shall vacate the Temporary Space and surrender possession to Landlord in substantially the same condition as a sealed instrument delivered to Tenant (normal wear and tear and any Demolishing Work performed in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (accordance with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels terms of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan Nothis Paragraph 59 excepted). 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by If Tenant fails to vacate the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds Temporary Space at the end of Book 9844the Temporary Space Term, bounded then in addition to any other remedies that Landlord may have hereunder as a result of such holding over, Tenant shall pay a monthly “gross” rent (which shall include Monthly Rent and described Additional Rent) in the amount of $69,923,33 (based on $38.14/RSF/annum) (the “Temporary Space Rent”), which Temporary Space Rent shall be payable in the same manner as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andMonthly Rent is payable hereunder.
Appears in 1 contract
Samples: Office Lease (Salt Blockchain Inc.)
Temporary Space. Upon reasonable prior notice from At the request of Tenant, the parties have agreed that Tenant to Landlordshall lease and occupy on a temporary basis approximately 6,923 square feet of Rentable Area in Suite 100 of the Building (the “Temporary Space”), as generally outlined in Exhibit D attached hereto. Accordingly, Landlord agrees leases to provide Tenant with temporary space and Tenant leases from Landlord the Temporary Space for a term commencing on the date that Landlord delivers possession of the Temporary Space (the "“Temporary Space"Space Commencement Date”) and expiring on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date which is five (5) business days following the Expansion Date (the “Temporary Space Term”). Landlord shall deliver the Temporary Space to Tenant on or before July 1, 2014. If Landlord fails to deliver the Temporary Space to Tenant on or before July 1, 2014, then Tenant may terminate this Amendment, in which event this Amendment shall be null and void and of Tenant's no force or effect by written notice requesting delivered to Landlord at any time after July 1, 2014 and prior to the date that the Temporary Space is delivered to Tenant. The foregoing right to terminate shall be made available Tenant’s sole remedy for Landlord’s failure to deliver the Temporary Space to Tenant on or before July 1, 2014 and expiring on the Commencement Date of this LeaseLandlord shall not be liable to Tenant for any loss or damage resulting therefrom. Tenant's occupancy The lease of the Temporary Space shall be subject to all other terms and provisions of the terms Lease, except as provided in this Section 10. During the Temporary Space Term and conditions as applicable to the lease of this the Temporary Space, all references in the Lease to the extent appropriateLeased Premises shall include the Temporary Space.
(a) Rent and Utility Costs for Temporary Space. During the Temporary Space Term, except that (i) Annual Fixed Tenant shall pay Minimum Monthly Rent for the Temporary Space in the amount of $13,846.00. Tenant shall not be obligated to pay Operating Costs, Taxes or standard building services for the Temporary Space. However, Tenant shall pay for costs for usage of the HVAC outside of the Climate Control Hours (as defined in Section 11.1 of the Original Lease) and for any Excess Utility Costs (as defined in Section 11.11 of the Original Lease) respecting the Temporary Space. Tenant shall make such payment to Landlord within fifteen (15) days after request by Landlord each month. Tenant shall be payable at responsible for arranging and paying for all of its telephone and telecommunication services for the annual rate equal Temporary Space, subject to Tenant’s right to utilize a portion of Landlord’s Allowance for such cabling costs as provided in Exhibit B.
(b) Condition of Temporary Space. Tenant shall accept possession of the product Temporary Space in its current “AS IS” condition, without the construction or installation by Landlord of (x) $4.00 any improvements, furnishings or equipment of any kind, without any allowances, credits or free rent and (y) without any representation or warranty, expressed or implied, by Landlord or any of its agents concerning the rentable floor area condition or suitability of the Temporary Space. Any work and allowance including, (ii) without limitation, Landlord’s Allowance, to be performed or provided by Landlord in connection with the Original Premises and/or the Expansion Premises will not be applicable for the purposes lease of determining the Temporary Space (subject to Tenant's payments on account ’s right to utilize a portion of Landlord's Operating Expenses under Section 2.6 above ’s Allowance for cabling costs as provided in Exhibit B). In addition, during the Temporary Space Term Tenant shall be entitled to use Landlord’s furniture located in the Temporary Space as described in Exhibit E hereto (the “Temporary Space Furniture”). Tenant shall notify Landlord in writing within five (5) business days after the date of delivery of the Temporary Space to Tenant of any Temporary Space Furniture listed in Exhibit E that is missing. Landlord shall not be required to replace any missing Temporary Space Furniture and Landlord's Tax Expenses under Section 2.7 the reference to the Temporary Space Furniture shall mean the furniture actually located in the Temporary Space when the Temporary Space is delivered to Tenant. Landlord makes no representation or warranty whatsoever with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area condition of the Temporary Space Furniture or its suitability for Tenant’s use, and (iii) any such use to be on an “as-is” basis. Tenant shall be responsible for any damage to the Temporary Space Furniture caused by Tenant or any of its employees, agents or contractors. Such furniture shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components remain the property of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; and.
Appears in 1 contract
Samples: Lease
Temporary Space. Upon reasonable prior notice In addition to the Premises, commencing as of the substantial completion of the tenant improvements in the Temporary Building (as that term is defined below), which is anticipated to occur on or about November 1, 2020, and continuing until the date that occurs thirty (30) day following the Lease Commencement Date (the "Temporary Space Term"), Tenant shall lease from Tenant to HCP University Center East LLC, a Delaware limited liability company ("Affiliate Landlord"), an affiliate of Landlord, and Affiliate Landlord agrees shall lease to provide Tenant with temporary approximately 13,251 rentable square feet of space located on the first (1st) floor of that certain building located at 0000 Xxxxxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx (the "Temporary Building"), as more particularly set forth on Exhibit A-2 attached hereto (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and ). Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that shall lease the Temporary Space be made available on all of the same terms and expiring on conditions as apply to the Commencement Date of Premises pursuant to this Lease. Lease (including, without limitation, Tenant's occupancy of the Temporary Space shall be subject indemnity and insurance obligations, pursuant to all of the terms and conditions of Article 10 of this Lease Lease, below, with respect to the extent appropriateTemporary Space), except that (i) Annual Fixed Tenant shall not be obligated to pay any Base Rent for the Temporary Space shall be payable at the annual rate equal with respect to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above the terms and Landlord's Tax Expenses under Section 2.7 with respect conditions applicable to the Temporary Space, Affiliate Landlord shall be deemed to be Landlord and the "Rentable Floor Area of the Premises" Temporary Building shall be deemed to be the rentable floor area Building, (iii) Tenant shall have no right to sublease or assign the Temporary Space, (iv) Tenant shall have no right to construct any Alterations or other improvements in the Temporary Space, (v) Affiliate Landlord shall construct improvements in the Temporary Space which are a logical extension of the space plan attached hereto as Exhibit A-3, and Tenant shall accept the Temporary Space in its then existing, "as-is" condition without the payment of any improvement allowance; provided, however, Landlord shall deduct One Hundred Fifty-Nine Thousand and No/100 Dollars ($159,000.00) from the Tenant Improvement Allowance in order to reimburse Landlord for certain improvement work requested by Tenant in the Temporary Space, and (vi) Tenant shall be allowed to use up to thirty-six (36) parking spaces in the parking facility associated with the Temporary Building. Notwithstanding the foregoing or anything to the contrary set forth in this Lease, Tenant shall be required to pay Tenant's Share of Direct Expenses attributable to the Temporary Space and all other Additional Rent (as defined in Section 3.2, below) due pursuant to the terms of this Lease during the Temporary Space Term, provided that Tenant's Share shall be equal to 14.23%. Tenant hereby acknowledges that neither Landlord, Affiliate Landlord nor any agent of Landlord or Affiliate Landlord has made any representation or warranty regarding the condition of the Temporary Space with respect to the suitability of such space for the conduct of Tenant's business; provided that Landlord represents and warrants, to its actual knowledge without a duty to investigate, that: (iiia) the Temporary Space shall be delivered to is not in violation of any applicable laws that would prevent Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be from occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of once the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Propertiesimprovements are complete, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed there are no damages or defect with respect to the Middlesex South Registry District Temporary Space that would not be discoverable during a visual inspection; provided that if any such damages or defects are discovered the repair shall be governed by the terms of Article 7 of this Lease. Tenant shall vacate and surrender the Temporary Space to Affiliate Landlord on or before the expiration of the Land Court Temporary Space Term (provided that if Tenant surrenders the Temporary Space early, Tenant shall provide at least thirty (30) days' prior notice to Affiliate Landlord of such surrender) empty of all furniture and personal property of Tenant, "broom clean", and in as Document Nogood condition as when it was delivered to Tenant, reasonable wear and tear and casualty damage excepted. 599584 If Tenant fails to timely vacate and surrender the Temporary Space, the terms of Article 16 of this Lease shall apply to such holdover, as if the Base Rent payable for the Temporary Space was at the same rate per square foot as is then applicable to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andthe Premises (without considering any free rent attributable to the Premises).
Appears in 1 contract
Samples: Partial Lease Termination Agreement and First Amendment to Lease (Zentalis Pharmaceuticals, Inc.)
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (44.1 During the "Temporary Space") period beginning on either the second floor later of Building A or the second floor full and final execution of Building B of a size and in a location to be mutually agreed upon this Lease by Landlord and Tenant for a period Tenant, delivery of time commencing no earlier than sixty all prepaid rental, required under this Lease, delivery of all initial certificates of insurance required by this Lease (60) days from the date which certificates of Tenant's notice requesting that insurance shall specifically cover both the Temporary Space be made available during the Temporary Space Term, as hereinafter defined, and expiring on the Premises), and ending five (5) business days after the Commencement Date of this Lease (such period being referred to herein as the “Temporary Space Term”), Landlord shall allow Tenant to use approximately rentable square feet of space known as Suite No. 810 located on the 8th floor of the Building as shown on Exhibit G of this Lease (the “Temporary Space”) for general office use only by Seattle City Light (pursuant to Sections 1.1 and 9.8 above). During the Temporary Space Term, the Temporary Space shall be deemed the “Premises” for purposes of Article 10 (Indemnification) of this Lease. Such Temporary Space shall be accepted by Tenant in its “as-is” condition and configuration, it being agreed that Landlord shall be under no obligation to perform any work in the Temporary Space or to incur any costs in connection with Xxxxxx’s move in, move out or occupancy of the Temporary Space. Tenant acknowledges that it shall be entitled to use and occupy the Temporary Space at its sole cost, expense and risk. Tenant shall not construct any improvements or make any alterations of any type to the Temporary Space without the prior written consent of Landlord. All costs in connection with making the Temporary Space ready for occupancy by Tenant shall be the sole responsibility of Tenant.
44.2 The Temporary Space shall be subject to all the terms and conditions of this Lease except as expressly modified herein and except that (a) Tenant shall not be entitled to receive any allowances, abatement or other financial concession in connection with the Temporary Space which was granted with respect to the Premises unless such concessions are expressly provided for herein with respect to the Temporary Space, (b) the Temporary Space shall not be subject to any renewal or expansion rights of Tenant under this Lease, (c) Tenant shall not be required to pay Monthly Installment of Rent for the Temporary Space during the Temporary Space Term, and (d) Tenant shall not be required to pay Tenant’s Proportionate Share of Expenses and Taxes for the Temporary Space during the Temporary Space Term.
44.3 Upon termination of the Temporary Space Term, Tenant shall vacate the Temporary Space and deliver the same to Landlord in the same condition that the Temporary Space was delivered to Tenant, ordinary wear and tear excepted. At the expiration or earlier termination of the Temporary Space Term, Tenant shall remove all debris, all items of Tenant's personalty, and any trade fixtures of Tenant from the Temporary Space. Tenant shall be fully liable for all damage Tenant or Tenant's agents, employees, contractors, or subcontractors cause to the Temporary Space. Tenant shall have no right to hold over or otherwise occupy the Temporary Space at any time following the expiration or earlier termination of the Temporary Space Term, and in the event of such holdover, Landlord shall immediately be entitled to institute dispossessory proceedings to recover possession of the Temporary Space, without first providing notice thereof to Tenant. In the event of holding over by Tenant after expiration or termination of the Temporary Space Term without the written authorization of Landlord, Tenant shall pay, for such holding over, $24,440.00, plus one hundred fifty percent (150%) of Tenant’s Proportionate Share of Expenses and Taxes and all other rent and charges due with respect to the Temporary Space for each month or partial month of holdover, plus all consequential damages that Landlord incurs as a result of the Tenant's holdover. During any such holdover, Xxxxxx’s occupancy of the Temporary Space shall be subject to all deemed that of the terms a tenant at sufferance, and conditions of this Lease to the extent appropriatein no event, except that (i) Annual Fixed Rent for either during the Temporary Space Term or during any holdover by Tenant, shall Tenant be payable at the annual rate equal determined to the product of (x) $4.00 and (y) the rentable floor area of be a tenant-at-will under applicable law. While Tenant is occupying the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above Landlord and Landlord's Tax Expenses under Section 2.7 with respect authorized agents shall be entitled to enter the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed upon reasonable notice, to be the rentable floor area of display the Temporary Space to prospective tenants and (iii) the Temporary Space shall be delivered for any other purposes permitted pursuant to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components Article 17 of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andthis Lease.
Appears in 1 contract
Samples: Lease Agreement
Temporary Space. Upon reasonable prior notice from Landlord shall permit Tenant to Landlord, Landlord agrees to provide Tenant with temporary space use Suite 610 containing 4,485 rentable square feet and located on the 6th floor of the Building (the "“Temporary Space"”) on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that hereof through the Expansion Premises Commencement Date (the “Temporary Space be made available and expiring on the Commencement Date of this LeaseTermination Date”). Tenant's occupancy of the Temporary Space shall be subject to all All of the terms and conditions of the Lease, as amended by this Lease Amendment shall apply to the extent appropriateTemporary Space, except that that: (i) Annual Fixed Rent for the Temporary Space Tenant shall not be payable at the annual rate equal entitled to the product of (x) $4.00 and (y) the rentable floor area of receive any allowances or abatements with respect to the Temporary Space, (ii) for the purposes Temporary Space is accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and without any obligation of determining Tenant's payments on account Landlord to perform any of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to ’s Work in the Temporary Space, (iii) Landlord shall provide existing furniture in the "Rentable Floor Area Temporary Space for Tenant’s use until the Temporary Space Termination Date at no additional cost to Tenant, provided that all furniture provided by Landlord shall remain at the Temporary Space following the Temporary Space Termination Date and Tenant shall be responsible for any damage to Landlord’s furniture, reasonable wear and tear and damage by casualty, excepted, (iv) Tenant shall not be required to pay Base Rent or Tenant’s Pro Rata Share of Taxes and Expenses for the Temporary Space, (v) Tenant shall pay a “Temporary Space Electric Charge” of $12,737.40 per annum ($2.84 per RSF), payable in monthly payments of $1,061.45, and (vi) Tenant shall pay a “Temporary Space Cleaning Charge” of $4,485.00 per annum ($1.00 per RSF), payable in monthly payments of $373.75. Each of the Premises" annual Temporary Space Electric Charge and the Temporary Space Cleaning Charge shall be deemed to be pro-rated for the rentable floor area duration of the term of Tenant’s occupancy of the Temporary Space and (iii) shall be pro-rated for any partial month during Tenant’s occupancy of the Temporary Space. The Temporary Space Electric Charge and the Temporary Space Cleaning Charge shall be delivered to Tenant due and payable in its "as is" condition and no improvement allowance advance on the first day of each calendar month without notice or brokerage commission shall be payable with respect theretodemand. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A vacate and B and accordingly that Tenant shall use and occupy surrender the Temporary Space in such as manner as to minimize any unreasonable interference accordance with Landlord's performance the provisions of Article 25 of the Base Building WorkLease. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed If Tenant fails to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with vacate and surrender the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY Temporary Space by the parcel marked "Reserved for Town Temporary Space Termination Date, as aforesaid, the provisions of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly Article 22 of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY Lease shall apply to any such holdover by land now or formerly of Tenant in the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTemporary Space.
Appears in 1 contract
Temporary Space. Upon reasonable If the performance of any Phase of Identified Alterations renders Tenant unable to conduct its business within all or any material portion of the Premises during calendar year 2004, then, during that portion of calendar year 2004 in which Tenant is so unable to conduct its business within the Premises, Tenant shall be entitled, upon not less than 30 days’ prior written notice from Tenant to LandlordLandlord (a “Temporary Space Notice”), Landlord agrees to provide Tenant with temporary temporarily occupy any space in the building located at 1000-000xx Xxxxxx XX, Xxxxxxxx, Xxxxxxxxxx 00000, commonly known as Magnolia Building (the "Temporary Space"“Magnolia Building”) on either the second floor of Building A or the second floor of Building B of a size and in a location that may be available for lease during such period. In order to be mutually agreed upon by Landlord and effective, any Temporary Space Notice shall identify the date on which Tenant wishes to commence occupancy of the Temporary Space (the “Target Occupancy Date”). Notwithstanding the foregoing, at no time shall Tenant have the right to occupy any space in the Magnolia Building that either (x) is not then available for lease, or (y) has a rentable square footage exceeding that of the portion of the Premises in which Tenant is then unable to conduct its business as a result of the performance of any Phase of Identified Alterations. For purposes hereof, a space in the Magnolia Building shall not be deemed to be “available for lease” during a particular period of time commencing no earlier than sixty (60) days from if, in Landlord’s reasonable judgment, Tenant’s occupancy of such space during such period of time pursuant to this Section IV would render Landlord unable to perform its obligations under any lease or occupancy agreement relating to such space which exists as of the date occurring 30 days before the applicable Target Occupancy Date. Before the date occurring 30 days before the applicable Target Occupancy Date, Landlord shall have no obligation to refrain from marketing any space in the Magnolia Building in order to make such space available for lease to Tenant. Notwithstanding anything herein to the contrary, if the amount of space in the Magnolia Building that is available for lease exceeds the amount of space that Tenant is entitled to occupy pursuant to this Section IV, the portion of such available space to be occupied by Tenant (the “Temporary Space”) shall be selected by Landlord in its sole and absolute discretion. Upon Landlord’s request, Tenant shall execute Landlord’s standard documentation (whether a separate lease agreement, amendment to this Lease, or license agreement) prior to occupancy of the Temporary Space, which documentation shall be on substantially the same terms and conditions as those set forth in this Lease except that: (a) the term of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's ’s occupancy of the Temporary Space shall be limited as provided hereinabove and shall not be subject to all of the terms and conditions of this Lease any renewal or similar rights; (b) Tenant shall not be entitled to any improvement allowance or any other financial concession with respect to the extent appropriate, except Temporary Space (provided that the Temporary Space shall contain at least building-standard quality improvements which are in reasonably good condition on the date that Tenant takes possession thereof); and (ic) Annual Fixed Tenant shall not be required to pay Base Rent or recurring monthly charges of Additional Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area for any period during which Tenant is in occupancy of the Temporary Space; provided, however, that Tenant shall be required to pay such amounts (ii) at the same rates as provided in the Lease, subject to appropriate adjustments for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to any differences in rentable square footage between the Temporary Space, Space and the "Rentable Floor Area of Premises and/or between the Premises" shall be deemed to be Magnolia Building and the rentable floor area Building) for:
(i) if Tenant takes occupancy of the Temporary Space and (iii) in the calendar year 2004, then the number of days, if any, by which Tenant’s surrender of possession of the Temporary Space shall be delivered is delayed (subject to Force Majeure) because of (a) any failure of Tenant in its "as is" condition and no improvement allowance to commence on or brokerage commission shall be payable with respect thereto. In additionbefore the Target Occupancy Date, it or to thereafter diligently prosecute to substantial completion, any Phase of Identified Alterations which is acknowledged and agreed that if commenced during calendar year 2004 (including, without limitation, any such failure resulting from any failure of Tenant shall elect to lease any take occupancy of the Temporary Space hereunderon the Target Occupancy Date), or (b) any failure of Tenant to promptly surrender possession of the Temporary Space following substantial completion of any Phase of Identified Alterations which is commenced during calendar year 2004; or
(ii) if, after delivering a Temporary Space Notice, Tenant shall be occupying such fails to take occupancy of the Temporary Space while in the calendar year 2004, then the number of days, if any, in the period commencing on the Target Occupancy Date and expiring on the earlier of (a) the date Tenant delivers to Landlord is proceeding with components a written waiver of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and its right to occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY contemplated by the parcel marked "Reserved for Town of Bedford" on said planTemporary Space Notice, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936December 31, Page 13 was issued; and2004).
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant (a) Commencing on the later to Landlordoccur of: (i) August 1, Landlord agrees to provide Tenant with temporary space 2000; or (the "Temporary Space"ii) on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty five (605) days from the date of Tenant's notice requesting that Landlord recaptures the Temporary Space from the existing Tenant (the “Temporary Space Commencement Date”), and pending the completion of the Demised Premises, Tenant is hereby granted the right to occupy 10,000 rentable square feet of space on the first (1st) floor of the Building (hereinafter referred to as the “Temporary Space”), in its present “AS IS” condition, which Temporary Space is as shown on Exhibit H attached hereto. To the extent additional space adjacent to the Temporary Space becomes available, Landlord shall make up to 5,000 rentable square feet of such space available to Tenant on the same terms as the Temporary Space pursuant to this Section 39. The right to occupy the Temporary Space shall terminate upon the earlier to occur of (i) the date when the Tenant vacates such Temporary Space; or (ii) the Commencement Date of the Demised Premises. During the period of the Tenant’s occupancy of the aforementioned Temporary Space, Tenant will comply with all of the terms and conditions contained in this Lease.
(b) Landlord and Tenant hereby agree that Tenant shall not be made available required to pay Fixed Rent or Tenant’s Proportionate Share of Real Estate Taxes and Operating Expenses for the Temporary Space for the period commencing on the Temporary Space Commencement Date and expiring on the Commencement Date of this Lease. Tenant's occupancy of the Temporary Space Demised Premises.
(c) Tenant agrees that it shall be subject to responsible for paying all of the terms charges for electricity and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space shall be payable telephone service used by Tenant at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference accordance with Landlord's performance the terms and provisions of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of Lease.
(d) Tenant agrees that it shall provide evidence to Landlord, which evidence shall be deemed acceptable to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston PropertiesLandlord in all respects, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (that the Temporary Space is insured in accordance with the buildings thereonterms and provisions of Paragraph 10. Such evidence must be provided to Landlord at least three (3) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, days prior to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTemporary Space Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space Commencing on the Effective Date (the "“Temporary Space"Space Commencement Date”) until such time as the Improvements are substantially complete and Landlord has tendered possession of the Premises to Tenant in accordance with Section 3.4 of the Lease (the “Temporary Space Occupancy Period”), Tenant shall have the right to occupy that certain space located on either the second floor of the Building A or and containing approximately Two Thousand Five Hundred Fifty-Five (2,555) rentable square feet as shown on Exhibit A-1 attached hereto (the second floor of Building B of a size and in a location “Temporary Space”). Prior to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that entering the Temporary Space be made available Space, Tenant shall obtain all insurance Tenant is required to obtain by the Lease and expiring on the Commencement Date of this Leaseshall provide certificates evidencing said insurance to Landlord. Tenant's occupancy of the Temporary Space shall be subject to all of the terms and conditions of this Lease to the extent appropriateLease, except provided, however, that (i) Annual Fixed Tenant shall have no obligation to pay Base Rent or Tenant’s Share of Operating Expense increases or Tenant’s Share of Real Property Tax increases for the Temporary Space shall during the Temporary Space Occupancy Period. Tenant shall, however, be payable at responsible to pay the annual rate equal to the product of (x) $4.00 Electric Energy Charge in connection with Tenant’s use and (y) the rentable floor area occupancy of the Temporary SpaceSpace pursuant to Section 11.2 of the Lease as well as any charge for after-hours HVAC pursuant to Section 11.3 of the Lease. In addition, (ii) Tenant shall reimburse Landlord for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect ’s costs to provide janitorial services to the Temporary Space. Tenant shall reimburse Landlord for the Electric Energy Charge and after-hours HVAC, the "Rentable Floor Area as applicable, within ten (10) days of the Premises" shall be deemed to be the rentable floor area receipt of an invoice form Landlord. Tenant hereby acknowledges that Tenant's occupancy of the Temporary Space is on an "as is" basis and (iii) the Temporary Space shall be delivered to Tenant in its "as is, where-is" condition with all faults. Within five (5) business days after Landlord's delivery of the Premises to Tenant pursuant to terms and no improvement allowance conditions of the Lease, Tenant shall surrender the Temporary Space to Landlord in accordance with the terms of this Lease. If Tenant fails to so surrender the Temporary Space to Landlord, in addition to all sums due for the Premises and until such time as Tenant surrenders the Temporary Space to Landlord, Tenant shall pay Base Rent and the Electric Energy Charge at the same rate per rentable square foot in effect for the Premises for the first full calendar month of the Term (which such amount shall not be reduced by any abated rent, conditionally waived rent, free rent or brokerage commission shall be payable with respect theretosimilar rental concessions, if any), in addition to any Additional Rent provided for in the Lease. In addition, it is acknowledged and agreed that if Landlord shall have the right to consider Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy hold over at the Temporary Space in such under the terms of this Lease. ECHO THERAPEUTICS, INC., a Delaware corporation ("Tenant") hereby certifies that it has entered into a lease with THE REALTY ASSOCIATES FUND X, L.P., a Delaware limited partnership ("Landlord") and verifies the following information as manner as to minimize any unreasonable interference with Landlord's performance of the _____ day of ___________________20__: Number of Rentable Square Feet in Premises: Commencement Date: ____________________________________________ Lease Termination Date: __________________________________________ Tenant's Share: _________________________________________________ Initial Base Building WorkRent: ________________________________________________ Billing Address for Tenant: ________________________________________ _______________________________________________________________ _______________________________________________________________ Attention: _____________________________________________________ Telephone Number: ______________________________________________ Federal Tax I.D. No.: ______________________________________________ _ Tenant acknowledges and agrees that all tenant improvements Landlord is obligated to make to the Premises, if any, have been completed and that Tenant has accepted possession of the Premises and that as of the date hereof, there exist no offsets or defenses to the obligations of Tenant under the Lease. EXECUTED as Tenant acknowledges that it has inspected the Premises and found them suitable for Tenant's intended commercial purposes. TENANT ECHO THERAPEUTICS, INC., a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP Delaware corporation By: Boston Properties____________________________________________ Its: ____________________________________________ ACKNOWLEDGED AND AGREED TO: LANDLORD THE REALTY ASSOCIATES FUND X, Inc.L.P., its a Delaware limited partnership By: Realty Associates Fund X LLC, a Delaware limited liability company, general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice PresidentTA Realty LLC, Development TENANT ATTEST: a Massachusetts limited liability company, manager By: By_____________________________ Its: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (_____________________________ Tenant shall faithfully observe and comply with the buildings thereon) situated following Rules and Regulations.
1. Tenant shall not alter any locks or install any new or additional locks or bolts on any doors or windows of the Premises without obtaining Landlord's prior written consent. Tenant shall bear the cost of any lock changes or repairs required by Tenant. Keys required by Tenant must be obtained from Landlord at a reasonable cost to be established by Landlord.
2. All doors opening to public corridors shall be kept closed at all times except for normal ingress and egress to the Premises. Tenant shall assume any and all responsibility for protecting the Premises from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed.
3. Landlord reserves the right to close and keep locked all entrance and exit doors of the Project except during the Project's normal hours of business as defined in BedfordSection 11.3 of the Lease. Tenant, Middlesex Countyits employees and agents must be sure that the doors to the Project are securely closed and locked when leaving the Premises if it is after the normal hours of business of the Project. Tenant, Massachusetts bounded its employees, agents or any other persons entering or leaving the Project at any time when it is so locked, or any time when it is considered to be after normal business hours for the Project, may be required to sign the Project register. Access to the Project may be refused unless the person seeking access has proper identification or has a previously received authorization for access to the Project. Landlord and described its agents shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Project of any person. In case of invasion, mob, riot, public excitement, or other commotion, Landlord reserves the right to prevent access to the Project during the continuance thereof by any means it deems appropriate for the safety and protection of life and property.
4. No furniture, freight or equipment of any kind shall be brought into the Project without Landlord's prior authorization. All moving activity into or out of the Project shall be scheduled with Landlord and done only at such time and in such manner as follows: PARCELS 1 Landlord designates. Landlord shall have the right to prescribe the weight, size and 2 Two certain parcels position of land situated all safes and other heavy property brought into the Project and also the times and manner of moving the same in Bedfordand out of the Project. Safes and other heavy objects shall, Middlesex Countyif considered necessary by Landlord, Massachusetts, shown stand on supports of such thickness as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278is necessary to properly distribute the weight, and together bound Tenant shall be solely responsible for the cost of installing all supports. Landlord will not be responsible for loss of or damage to any such safe or property in any case. Any damage to any part of the Project, its contents, occupants or visitors by moving or maintaining any such safe or other property shall be the sole responsibility and described expense of Tenant.
5. The requirements of Tenant will be attended to only upon application at the management office for the Project or at such office location designated by Landlord. Tenant shall not ask employees of Landlord to do anything outside their regular duties without special authorization from Landlord.
6. Tenant shall not disturb, solicit, or canvass any occupant of the Project and shall cooperate with Landlord and its agents to prevent the same. Tenant, its employees and agents shall not loiter in or on the entrances, corridors, sidewalks, lobbies, halls, stairways, elevators, or any Common Areas for the purpose of smoking tobacco products or for any other purpose, nor in any way obstruct such areas, and shall use them only as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three a means of ingress and 011100 (283.01) feetegress for the Premises. Smoking shall not be permitted in the Common Areas.
7. The toilet rooms, twenty-one urinals and 271100 (21.27) feet wash bowls shall not be used for any purpose other than that for which they were constructed, and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved lineno foreign substance of any kind whatsoever shall be thrown therein. The expense of any breakage, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY stoppage or damage resulting from the violation of this rule shall be borne by the parcel marked "Reserved tenant who, or whose employees or agents, shall have caused it.
8. Except for Town vending machines intended for the sole use of Bedford" Tenant's employees and invitees, no vending machine or machines other than fractional horsepower office machines shall be installed, maintained or operated upon the Premises without the written consent of Landlord.
9. Tenant shall not use or keep in or on said planthe Premises or the Project any kerosene, sixteen hundred forty-six gasoline or other inflammable or combustible fluid or material. Tenant shall not bring into or keep within the Premises or the Project any animals, birds, bicycles or other vehicles.
10. Tenant shall not use, keep or permit to be used or kept, any foul or noxious gas or substance in or on the Premises, or permit or allow the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of noise, odors, or vibrations, or to otherwise interfere in any way with the use of the Project by other tenants.
11. No cooking shall be done or permitted on the Premises, nor shall the Premises be used for the storage of merchandise, for loading or for any improper, objectionable or immoral purposes. Notwithstanding the foregoing, Underwriters' Laboratory approved equipment and 81/100 (1646.81) feetmicrowave ovens may be used in the Premises for heating food and brewing coffee, tea, hot chocolate and similar beverages for employees and visitors of Tenant, provided that such use is in accordance with all applicable federal, state and city laws, codes, ordinances, rules and regulations; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet provided further that such cooking does not result in odors escaping from the Premises.
12. Landlord shall have the right to approve where and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, how telephone wires are to be introduced to the place Premises. No boring or cutting for wires shall be allowed without the consent of beginningLandlord. For Title see Deed recorded The location of telephone call boxes and other office equipment affixed to the Premises shall be subject to the approval of Landlord. Tenant shall not xxxx, drive nails or screws, or drill into the partitions, woodwork or plaster contained in the Premises or in any way deface the Premises or any part thereof without Landlord's prior written consent. Tenant shall not install any radio or television antenna, satellite dish, loudspeaker or other device on the roof or exterior walls of the Project. Tenant shall not interfere with broadcasting or reception from or in the Project or elsewhere.
13. Landlord reserves the right to exclude or expel from the Project any person who, in the judgment of Landlord, is intoxicated or under the influence of liquor or drugs, or who shall in any manner do any act in violation of any of these Rules and Regulations.
14. Tenant shall not waste electricity, water or air conditioning and agrees to cooperate fully with Landlord to ensure the most effective operation of the Project's heating and air conditioning system, and shall refrain from attempting to adjust any controls. Tenant shall not without the prior written consent of Landlord use any method of heating or air conditioning other than that supplied by Landlord.
15. Tenant shall store all its trash and garbage within the interior of the Premises. No material shall be placed in the trash boxes or receptacles if such material is of such nature that it may not be disposed of in the ordinary and customary manner of removing and disposing of trash in the vicinity of the Project without violation of any law or ordinance governing such disposal. All trash, garbage and refuse disposal shall be made only through entry-ways and elevators provided for such purposes at such times as Landlord shall designate.
16. Tenant shall comply with all safety, fire protection and evacuation procedures and regulations established by Landlord or any governmental agency.
17. No awnings or other projection shall be attached to the outside walls or windows of the Project by Tenant. No curtains, blinds, shades or screens shall be attached to or hung in any window or door of the Premises without the prior written consent of Landlord. All electrical ceiling fixtures hung in the Premises must be fluorescent and/or of a quality, type, design and bulb color approved by Landlord. Tenant shall abide by Landlord's regulations concerning the opening and closing of window coverings which are attached to the windows in the Premises. The skylights, windows, and doors that reflect or admit light and air into the halls, passageways or other public places in the Project shall not be covered or obstructed by Tenant, nor shall any bottles, parcels or other articles be placed on the windowsills.
18. Tenant shall not employ any person or persons other than the janitor of Landlord for the purpose of cleaning the Premises unless otherwise agreed to in writing by Landlord. Except with the Middlesex South District Registry prior written consent of Deeds Landlord, no person or persons other than those approved by Landlord shall be permitted to enter the Project for the purpose of cleaning same. Landlord shall in Book 12926no way be responsible to Tenant for any loss of property on the Premises, Page 233however occurring, or for any damage done to the effects of Tenant or any of its employees or other persons by the janitor of Landlord. PARCEL 3 A certain parcel Janitor service shall include ordinary dusting and cleaning by the janitor assigned to such work and shall not include cleaning of land situated carpets or rugs, except normal vacuuming, or moving of furniture and other special services. Window cleaning shall be done only by Landlord at reasonable intervals and as Landlord deems necessary.
1. Parking areas shall be used only for parking by vehicles no longer than full size, passenger automobiles herein called "Permitted Size Vehicles".
2. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, or invitees to be loaded, unloaded, or parked in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 areas other than those designated by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly Landlord for such activities. Users of the Worcester Corporation, two hundred nine parking area will obey all posted signs and 95/100 (209.95) feet; NORTHEASTERLY park only in the areas designated for vehicle parking.
3. Parking stickers or identification devices shall be the property of Landlord and shall be returned to Landlord by land now or formerly the holder thereof upon termination of the Worcester Corporationholder's parking privileges. Tenant will pay such replacement charges as is reasonably established by Landlord for the loss of such devices. Loss or theft of parking identification stickers or devices from automobiles must be reported to the parking operator immediately. Any parking identification stickers or devices reported lost or stolen found on any unauthorized car will be confiscated and the illegal holder will be subject to prosecution.
4. Landlord reserves the right to relocate all or a part of parking spaces from floor to floor, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring within one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according floor, and/or to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539reasonably adjacent off site locations(s), Page 732. PARCEL 4 All right, title and interest in and to (i) that portion allocate them between compact and standard size and tandem spaces, as long as the same complies with applicable laws, ordinances and regulations.
5. Unless otherwise instructed, every person using the parking area is required to park and lock his own vehicle. Landlord will not be responsible for any damage to vehicles, injury to persons or loss of Xxxxxx Road described property, all of which risks are assumed by the party using the parking area.
6. Validation of visitor parking, if established, will be permissible only by such method or methods as Landlord may establish at rates determined by Landlord, in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andLandlord's sole discretion.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (A. During the "Temporary Space") period beginning on either the second floor later of Building A or the second floor full and final execution of Building B of a size and in a location to be mutually agreed upon this Lease by Landlord and Tenant for a period Tenant, delivery of time commencing no earlier than sixty the Letter of Credit and all prepaid rental, if any, required under this Lease, delivery of all initial certificates of insurance required by this Lease (60) days from the date which certificates of Tenant's notice requesting that insurance shall specifically cover both the Temporary Space be made available during the Temporary Space Term, as hereinafter defined, and expiring the Premises), and ending on the Commencement Date of this Lease (such period being referred to herein as the “Temporary Space Term”), Landlord shall allow Tenant to use approximately 2,213 rentable square feet of space known as Suite No. 940 located on the 9th floor of the Building as shown on Exhibit F-1 of this Lease (the “Temporary Space”) for the Permitted Use. During the Temporary Space Term, the Temporary Space shall be deemed the “Premises” for purposes of Section 13 (Indemnity and Waiver of Claims) of the Lease. Such Temporary Space shall be accepted by Tenant in its “as-is” condition and configuration, it being agreed that Landlord shall be under no obligation to perform any work in the Temporary Space or to incur any costs in connection with Tenant's ’s move in, move out or occupancy of the Temporary Space. Tenant acknowledges that it shall be entitled to use and occupy the Temporary Space at its sole cost, expense and risk. Tenant shall not construct any improvements or make any alterations of any type to the Temporary Space without the prior written consent of Landlord. All costs in connection with making the Temporary Space ready for occupancy by Tenant shall be the sole responsibility of Tenant. Tenant’s at Tenant’s sole cost and expense may install Cable for use in the Temporary Space, subject to Landlord’s review and approval. The removal of such Cable shall be subject to the terms and conditions set forth in Section 8 of the Lease.
B. The Temporary Space shall be subject to all the terms and conditions of the Lease except as expressly modified herein, provided that Base Rent for the Temporary Space during the Temporary Space Term shall be $5,311.20 each month during the Temporary Space Term, payable in accordance with the Lease, with the first installment due on the date Landlord delivers possession of the Temporary Space to Tenant. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Base Rent of the Temporary Space in the amount of $5,311.20 per month for 1 full calendar month of the Temporary Space Term, beginning with the 2nd full calendar month of the Temporary Space Term. If the Temporary Space Term commences on other than the first day of a calendar month or ends on other than the last day of a calendar month, then the monthly Base Rent payable for the Temporary Space for any such partial month shall be prorated to reflect the actual number of days of such partial month falling within the Temporary Space Term. Tenant shall not be required to pay Tenant’s Pro Rata Share of Expenses and Taxes for the Temporary Space during the Temporary Space Term. Tenant shall not be entitled to receive any allowances, abatement or other financial concession in connection with the Temporary Space which was granted with respect to the Premises unless such concessions are expressly provided for herein with respect to the Temporary Space, and the Temporary Space shall not be subject to any renewal or expansion rights of Tenant under the Lease.
C. Upon termination of the Temporary Space Term, Tenant shall vacate the Temporary Space and deliver the same to Landlord in the same condition that the Temporary Space was delivered to Tenant, ordinary wear and tear excepted and damage by Casualty (defined in and subject to the terms of Section 16) excepted. At the expiration or earlier termination of the Temporary Space Term, Tenant shall remove all debris, all items of Tenant’s personalty, and any trade
D. Tenant shall have no right to hold over or otherwise occupy the Temporary Space at any time following the expiration or earlier termination of the Temporary Space Term, and in the event of such holdover, Landlord shall immediately be entitled to institute dispossessory proceedings to recover possession of the Temporary Space, without first providing notice thereof to Tenant. In the event of holding over by Tenant after expiration or termination of the Temporary Space Term without the written authorization of Landlord, Tenant shall pay, for such holding over, 175% of the monthly Base Rent due for the Temporary Space at the rate in effect immediately preceding the expiration of the Temporary Space Term for each month or partial month of holdover, plus all consequential damages that Landlord incurs as a result of the Tenant’s hold over. During any such holdover, Tenant’s occupancy of the Temporary Space shall be subject to all deemed that of the terms a tenant at sufferance, and conditions of this Lease to the extent appropriatein no event, except that (i) Annual Fixed Rent for either during the Temporary Space Term or during any holdover by Tenant, shall Tenant be payable at the annual rate equal determined to the product of (x) $4.00 and (y) the rentable floor area of be a tenant-at-will under applicable law. While Tenant is occupying the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord or Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect ’s authorized agents shall be entitled to enter the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed upon reasonable notice, to be the rentable floor area of display the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andprospective tenants.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from 36.1 During the period beginning on the later of the full and final execution of this Lease by Landlord and Tenant, delivery of the Security Deposit and all prepaid rental, if any, required under this Lease, delivery of all initial certificates of insurance required by this Lease (which certificates of insurance shall specifically cover both the Temporary Space during the Temporary Space Term, as hereinafter defined, and the Premises), and ending on the date that is fourteen (14) days after the Commencement Date of this Lease (such period being referred to herein as the "Temporary Space Term"), Landlord shall allow Tenant to Landlord, Landlord agrees to provide Tenant with temporary use approximately 5,736 rentable square feet of space known as Suite 750 located in the Building as shown on Exhibit G of this Lease (the "Temporary Space") on either for the second floor Permitted Use. During the Temporary Space Term, the Temporary Space shall be deemed the “Premises” for purposes of Building A Articles 13, 14, 15 and 16 of the Lease. Such Temporary Space shall be accepted by Tenant in its “as-is” condition and configuration, it being agreed that Landlord shall be under no obligation to perform any work in the Temporary Space or to incur any costs in connection with Tenant’s move in, move out or occupancy of the second floor Temporary Space. Tenant acknowledges that it shall be entitled to use and occupy the Temporary Space at its sole cost, expense and risk. Tenant shall not construct any improvements or make any alterations of Building B any type to the Temporary Space without the prior written consent of a size Landlord. All costs in connection with making the Temporary Space ready for occupancy by Tenant shall be the sole responsibility of Tenant.
36.2 The Temporary Space shall be subject to all the terms and conditions of the Lease except as expressly modified herein, provided that no Minimum Monthly Rent for the Temporary Space shall be due during the Temporary Space Term. Tenant shall not be required to pay Tenant’s Proportionate Share of Operating Costs, Insurance Costs and Taxes for the Temporary Space during the Temporary Space Term. Tenant shall not be entitled to receive any allowances, abatement or other financial concession in connection with the Temporary Space which was granted with respect to the Premises unless such concessions are expressly provided for herein with respect to the Temporary Space, and the Temporary Space shall not be subject to any renewal or expansion rights of Tenant under the Lease.
36.3 Upon termination of the Temporary Space Term, Tenant shall vacate the Temporary Space and deliver the same to Landlord in the same condition that the Temporary Space was delivered to Tenant, ordinary wear and tear excepted. At the expiration or earlier termination of the Temporary Space Term, Tenant shall remove all debris, all items of Tenant's personalty, and any trade fixtures of Tenant from the Temporary Space. Tenant shall be fully liable for all damage Tenant or Tenant's agents, employees, contractors, or subcontractors cause to the Temporary Space. Tenant shall have no right to hold over or otherwise occupy the Temporary Space at any time following the expiration or earlier termination of the Temporary Space Term, and in a location the event of such holdover, Landlord shall immediately be entitled to be mutually agreed upon institute dispossessory proceedings to recover possession of the Temporary Space, without first providing notice thereof to Tenant. In the event of holding over by Landlord and Tenant after expiration or termination of the Temporary Space Term without the written authorization of Landlord, Tenant shall pay, for a period such holding over, 125% of time commencing no earlier than the monthly Minimum Monthly Rent due for the Premises at the rate in effect immediately preceding the expiration of the Temporary Space Term for each month or partial month of holdover up to sixty (60) days from days, and thereafter 150% of such Minimum Monthly Rent for each month or partial month of further holdover, plus all consequential damages that Landlord incurs as a result of the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Leasehold over. During any such holdover, Tenant's ’s occupancy of the Temporary Space shall be subject to all deemed that of the terms a tenant at sufferance, and conditions of this Lease to the extent appropriatein no event, except that (i) Annual Fixed Rent for either during the Temporary Space Term or during any holdover by Tenant, shall Tenant be payable at the annual rate equal determined to the product of (x) $4.00 and (y) the rentable floor area of be a tenant-at-will under applicable law. While Tenant is occupying the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord or Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect authorized agents shall be entitled to enter the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed upon reasonable notice, to be the rentable floor area of display the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andprospective tenants.
Appears in 1 contract
Samples: Office Lease (Sphere 3D Corp)
Temporary Space. Upon reasonable prior notice from Tenant to LandlordNo later than Xxxxx 0, Landlord agrees to 0000, Xxxxxxxxxxx shall provide Tenant Subtenant with temporary space (the "“Temporary Space"”) on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring Wing on the Commencement Date of this Lease3rd floor. Tenant's occupancy The exact location of the Temporary Space is outlined on “Exhibit J” annexed hereto. Subtenant shall be subject have the right to all of the terms and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in from the date the Temporary Space is delivered to Subtenant until thirty (30) days following the substantial completion of Subtenant’s Work (such period, the “Temporary Occupancy Period”). During the Temporary Occupancy Period, Subtenant shall have no obligation to pay any rent or other charge with respect to the Temporary Space except that Subtenant shall pay its pro-rata share of Operating Expenses (as manner as to minimize any unreasonable interference with Landlord's performance hereinafter defined) based on the rentable square footage of the Base Building WorkTemporary Space. EXECUTED as a sealed instrument in two Subtenant shall have no obligation to make any repairs or more counterparts each of which performance any maintenance with respect to the Temporary Space and the same shall be deemed to provided by Sublandlord as if the Temporary Space was the Premises demised hereunder. The Temporary Space shall be an originalbuilt out with offices and/or desk areas sufficient for Subtenant’s normal business operations. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (Sublandlord shall provide Subtenant with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, reasonable access to the place of beginningTemporary Space to inspect the same. For Title see Deed recorded with All building systems and equipment servicing the Middlesex South District Registry of Deeds Temporary Space shall be in Book 12926proper working order on the delivery date. Sublandlord shall provide all Landlord Services to the Temporary Space during the Temporary Occupancy Period, Page 233. PARCEL 3 A certain parcel of land situated in said Bedfordincluding without limitation, shown on a plan of land in Bedfordheating, Mass.Dated June 5ventilation, 1961 by Xxxxxxx X. Xxxxxxxair conditioning, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded electricity and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andjanitorial services.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant In the event that Landlord does not deliver possession of the Premises to Landlord, Landlord agrees to provide Tenant with Landlord’s Work substantially complete, subject to punchlist items and other items that do not materially interfere with Tenant’s operations from the Premises, within ninety (90) days after the execution of this Lease (the “Anticipated Completion Date”), then Landlord shall make available to Tenant temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually an area agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60the “Temporary Space”) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Leaseuntil Landlord’s Work is substantially complete. Tenant's The occupancy by Tenant of the Temporary Space shall be subject to all of upon the terms and conditions of this Lease to contained in the extent appropriateLease, except that (i) Annual Fixed Tenant shall not be required to pay Base Rent for the Temporary Space or Additional Rent but Tenant shall be payable at the annual rate equal required to the product of pay Utilities (xas defined below) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect provided to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the . The Temporary Space shall be delivered to Tenant in its "as “as-is" ” condition and no improvement allowance or brokerage commission shall without any work to be payable with respect theretoperformed by Landlord. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and may occupy the Temporary Space until Landlord’s Work to the Premises is substantially complete, subject to punchlist items and other items that do not materially interfere with Tenant’s operations from the Premises. In addition to the foregoing, promptly after the execution of this Lease, Landlord shall provide to Tenant temporary space in such areas as manner as to minimize any unreasonable interference with Landlord's performance agreed upon between Landlord and Tenant (the “Initial Workspace”). The occupancy by Tenant of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which Initial Workspace shall be deemed upon the terms and conditions contained in the Lease, except that Tenant shall not be required to pay Base Rent or Additional Rent but Tenant shall be required to pay for Utilities provided to the Initial Workspace. The Initial Workspace shall be delivered to Tenant in its “as-is” condition without any work to be an originalperformed by Landlord. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with Tenant may occupy the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by Initial Workspace until the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andCommencement Date.
Appears in 1 contract
Samples: Lease Agreement (Inogen Inc)
Temporary Space. Upon reasonable prior notice from Tenant to LandlordNotwithstanding any other provision of the Lease, on or before March 21, 2016 (the "Access Date"), Landlord agrees shall make available to provide Tenant with temporary space and Tenant )shall have the right to occupy 3,478 rentable square feet in Suite 160 on the first (1st ) floor of the building of the Project located at 500 Xxxx Xxxx Xxxx, Deerfield, Illinois (the "Temporary Space") ), as depicted on either Exhibit A-1, for the second floor Temporary Occupancy Period (as hereinafter defined), which Temporary Space shall be available for use by Tenant during the period of Building A or construction of the second floor of Building B of a size and Relocation Premises. The Temporary Space shall be delivered in a location to be mutually agreed upon by Landlord its "as-is" condition and Tenant shall be responsible at its cost for a period the installation of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that any telephone or data wiring or cables in the Temporary Space Space; provided that Tenant shall not be made available obligated to, nor have the right to, make any other installations, alterations, additions or changes to the Temporary Space. To the extent that Tenant installs any telephone or data wiring or cables in the Temporary Space, Tenant at its cost and expense shall remove such wiring or cables on or before the expiration of the Temporary Occupancy Period and shall repair any damage resulting from such removal. The "Temporary Occupancy Period" shall be defined as the period commencing upon the Access Date and expiring on the Commencement Date of this Lease. date which is six (6) months thereafter; provided that such expiration date shall be adjusted on a day for day basis if Landlord by its improper or wrongful acts causes any delay with regard to Tenant completing Tenant's occupancy Work, including if Landlord fails to comply with the time periods for Landlord to approve or disapprove the Plans or any revised Plans as provided in Paragraph 3(c) of the Workletter. During the Temporary Space shall be subject to Occupancy Period, all of the terms and conditions of this the Lease shall apply as though the Temporary Space were the Relocation Premises, including but not limited to the extent appropriateobligation of Tenant to pay Additional Rent with respect to Direct Costs set forth in Section 3 of the Lease commencing as of the Access Date and the obligations of Tenant set forth in Sections 13 and 14 of the Lease with respect to indemnity, waiver of subrogation and insurance, except that (i) Annual Fixed Rent for the Temporary Space Tenant shall not be payable at the annual rate equal obligated to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Spacepay Basic Rent, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to Relocation Term shall not commence until the Temporary SpaceRelocation Commencement Date, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the abatement of Rent set forth in Section 5 below shall not commence until the Relocation Commencement Date. In the event that Tenant fails to surrender the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Landlord at the expiration of the Temporary Space hereunderOccupancy Period, Tenant shall be occupying such Temporary Space while responsible to pay to Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy rent for the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance (the "Temporary Space Rent") from and after the expiration of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of Temporary Occupancy Period until the date the Tenant surrenders the Temporary Space to Landlord, which Temporary Space Rent shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (payable in accordance with the buildings thereon) situated in Bedfordprovisions of the Lease. The Temporary Space Rent shall be a monthly Basic Rent of $20.50 per rentable square foot of the Relocation Premises, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded plus Additional Rent with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, respect to Direct Costs attributable to the place of beginningTemporary Space. For Title see Deed recorded with Notwithstanding the Middlesex South District Registry of Deeds in Book 12926foregoing, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at Tenant shall surrender the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of Temporary Space to Landlord no later than the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andRelocation Commencement Date.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant 55.1 Prior to Landlordthe execution of this Lease, Landlord agrees to provide and Tenant with temporary space entered into a Temporary Use License Agreement (the "“Temporary License Agreement”) with respect to approximately 20,558 rentable square feet of space comprising the entire ninth (9th) floor of the Building as shown on Exhibit B-1 of this Lease (the “Temporary Space"”), as it may be increased by mutual agreement of the parties in their respective sole discretion.
55.2 Effective on the date (the “Temporary Space Commencement Date”) on either that is the second floor latest of Building A or the second floor full and final execution of Building B of a size and in a location to be mutually agreed upon this Lease by Landlord and Tenant for a period Tenant, delivery of time commencing no earlier than sixty the Letter of Credit and all prepaid rental, if any, required under this Lease, delivery of all initial certificates of insurance required by this Lease (60) days from the date which certificates of Tenant's notice requesting that insurance shall specifically cover both the Temporary Space during the Temporary Space Term, as hereinafter defined, and the Premises) the Temporary License Agreement shall terminate and Tenant’s occupancy and use of the Temporary Space shall be made available governed by the terms of this Article 55. Commencing on the Temporary Space Commencement Date, and expiring ending on the date that is thirty (30) days after the Commencement Date of this Lease (such period being referred to herein as the “Temporary Space Term”), Landlord shall allow Tenant to use the Temporary Space for the uses permitted by this Lease. During the Temporary Space Term, the Temporary Space shall be deemed the “Premises” for purposes of Section 13 and Article 21 of the Lease. Such Temporary Space shall be accepted by Tenant in its “as-is” condition and configuration, it being agreed that Landlord shall be under no obligation to perform any work in the Temporary Space or to incur any costs in connection with Tenant's ’s move in, move out or occupancy of the Temporary Space. Tenant acknowledges that it shall be entitled to use and occupy the Temporary Space at its sole cost, expense and risk. Tenant shall not construct any improvements or make any alterations of any type to the Temporary Space without the prior written consent of Landlord. All costs in connection with making the Temporary Space ready for occupancy by Tenant shall be the sole responsibility of Tenant. Tenant shall have no right to sublease or assign the Temporary Space.
55.3 The Temporary Space shall be subject to all the terms and conditions of the Lease except as expressly modified herein, provided that the Base Rent payable for the Temporary Space during the Temporary Space Term shall equal $24,669.60 per month (the “Temporary Space Base Rent”). For clarity, the Temporary Space Base Rent represents a payment of $1.20 per square foot per month that is the equivalent of Landlord’s estimate of the monthly Operating Expenses and Taxes. The Temporary Space Base Rent shall be payable on or before the commencement of the Temporary Space Term and on the first day of each month thereafter during the Temporary Space Term. Any prorated amount of the fee paid by Tenant under the Temporary License Agreement with respect to the period after the termination of the Temporary License Agreement shall be credited against Tenant’s obligation to pay Temporary Space Base Rent under this Lease. Tenant shall not be entitled to receive any allowances, abatement or other financial concession in connection with the Temporary Space which was granted with respect to the Premises unless such concessions are expressly provided for herein with respect to the Temporary Space, and the Temporary Space shall not be subject to any renewal or expansion rights of Tenant under the Lease.
55.4 On or before termination of the Temporary Space Term, Tenant shall vacate the Temporary Space and deliver the same to Landlord in the same condition that the Temporary Space was delivered to Tenant, ordinary wear and tear excepted and damage by casualty excepted. At the expiration or earlier termination of the Temporary Space Term, Tenant shall remove all debris, all items of Tenant’s personalty, and any trade fixtures of Tenant from the Temporary Space. Tenant shall be fully liable for all damage Tenant or Tenant’s agents, employees, contractors, or subcontractors cause to the Temporary Space.
55.5 Tenant shall have no right to hold over or otherwise occupy the Temporary Space at any time following the expiration or earlier termination of the Temporary Space Term, and in the event of such holdover, Landlord shall immediately be entitled to institute dispossessory proceedings to recover possession of the Temporary Space, without first providing notice thereof to Tenant. In the event of holding over by Tenant after expiration or termination of the Temporary Space Term without the written authorization of Landlord, Tenant shall pay, for such holding over, $98,678.40 per month for each month or partial month of holdover, plus all consequential damages that Landlord incurs as a result of the Tenant’s hold over after the date that is the later of (a) the date that is thirty (30) days after the expiration or earlier termination of the Temporary Space Term , or (b) the date that is thirty (30) days after Landlord has notified Tenant that Landlord has executed a letter of intent or lease with another tenant for all or any portion of the Temporary Space. During any such holdover, Tenant’s occupancy of the Temporary Space shall be subject to all deemed that of the terms a tenant at sufferance, and conditions of this Lease to the extent appropriatein no event, except that (i) Annual Fixed Rent for either during the Temporary Space Term or during any holdover by Tenant, shall Tenant be payable at the annual rate equal determined to the product of (x) $4.00 and (y) the rentable floor area of be a tenant-at-will under applicable law. While Tenant is occupying the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord or Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect ’s authorized agents shall be entitled to enter the Temporary Space, upon reasonable notice, to display the "Rentable Floor Area Temporary Space to prospective tenants.
55.6 Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord, the Personal Property listed on Exhibit G hereto which is located in the Temporary Space (the “Included Personal Property”). Tenant shall:
(a) accept the Included Personal Property in its “as is” condition as of the Premises" date hereof, as the same may be affected by reasonable wear and tear after the date hereof;
(b) insure the Included Personal Property against loss or damage by fire or other casualty (and all of the provisions of this Lease applicable to insurance required to be carried by Tenant shall be deemed applicable thereto); and
(c) surrender the Included Personal Property to be Landlord in the rentable floor area Temporary Space upon the expiration or sooner termination of the Temporary Space Term in the same condition as at the commencement of this Lease, as the same may be affected by reasonable wear and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance tear or brokerage commission shall be payable with respect thereto. In additiondamage by fire or other casualty; provided, it is acknowledged and agreed however, that if the Included Personal Property shall have been damaged by fire or other casualty and not repaired or replaced then upon such expiration or sooner termination Tenant shall elect pay to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andfull replacement cost thereof.
Appears in 1 contract
Samples: Lease Agreement (Veritone, Inc.)
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (During the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed period commencing upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that mutual execution and delivery of this Lease (the “Temporary Space be made available Commencement Date”) and expiring continuing until the Lease Commencement Date (such period is referred to herein as the “Temporary Space Term”), Landlord shall lease to Tenant and Tenant shall lease from Landlord that certain space commonly known as Suite 100 containing approximately 22,303 rentable square feet, located on the Commencement Date first (1st) floor of this Leasethat certain building located at 1000 Xxxxxx Xxxxxxx Xxxxxxx (the “Temporary Space Building”) and depicted on Exhibit H attached hereto (the “Temporary Space”). Tenant's occupancy ’s lease of the Temporary Space shall be subject to all of upon the terms following terms, conditions and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for limitations:
1.4.1 Tenant shall accept the Temporary Space in its “AS-IS” condition as of the Temporary Space Commencement Date and Landlord shall not be payable at the annual rate equal required to the product of (x) $4.00 and (y) the rentable floor area of construct or pay for, or contribute any improvement allowance for, any improvements or alterations in or to the Temporary Space, (ii) for the purposes it being acknowledged and agreed to by Tenant that neither Landlord nor any agent of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 Landlord has made any representation or warranty with respect to the Temporary SpaceSpace or its condition or its suitability for the conduct of Tenant’s business;
1.4.2 Tenant shall have no obligation to pay Base Rent or Tenant’s Share of increases in Operating Expenses, Tax Expenses or Utilities Costs for the "Rentable Floor Area Temporary Space during the Temporary Space Term;
1.4.3 Tenant shall have no right to sublease all or any portion of the Premises" Temporary Space; and
1.4.4 except as specifically provided above in this Section 1.4, all obligations of Tenant contained in this Lease with respect to the Premises (including, without limitation, Tenant’s indemnification obligations, Tenant’s obligation to obtain and maintain insurance and Tenant’s obligation to furnish and pay for utilities and janitorial services for the Temporary Space in accordance with Article 6 below) shall be applicable with respect to the Temporary Space during the Temporary Space Term, except that all references in this Lease to “Building” shall mean the “Temporary Space Building” as and to the extent applicable; provided, however, that notwithstanding the foregoing, Tenant shall surrender and deliver exclusive possession of the Temporary Space to Landlord on or prior to the expiration or earlier termination of the Temporary Space Term with all of Tenant’s personal property removed therefrom (and all damage resulting from such removal repaired) and otherwise in the same condition that the Temporary Space is delivered to Tenant on the Temporary Space Commencement Date, ordinary wear and tear excepted. If Tenant fails to surrender and deliver exclusive possession of the Temporary Space to Landlord on or prior to the expiration of the Temporary Space Term, then Tenant shall be deemed to be the rentable floor area in holdover of the Temporary Space and (iii) the Temporary Space provisions of Article 16 below shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In additionapply, it is acknowledged and agreed except that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Rent payable by Tenant during such holdover period shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andequal $80,290.80 per month.
Appears in 1 contract
Samples: Lease (Aqua Metals, Inc.)
Temporary Space. Upon reasonable prior notice from A. During the period beginning on the later of the full and final execution of this Amendment by Landlord and Tenant, delivery of the additional Security Deposit and delivery of all initial certificates of insurance required by this Lease (which certificates of insurance shall specifically cover both the Temporary Space during the Temporary Space Term, as hereinafter defined, and the Premises), and ending on the Substitution Rent Commencement Date (such period being referred to herein as the "Temporary Space Term"), Landlord shall allow Tenant to Landlord, Landlord agrees to provide Tenant with temporary use approximately 2,397 rentable square feet of space known as Suite No. 240 located on the second (2nd) floor of the Building as shown on Exhibit A-1 of this Amendment (the "Temporary Space") on either for the second floor Permitted Use. During the Temporary Space Term, the Temporary Space shall be deemed the "Premises" for purposes of Building A Section 10 (Indemnification; Insurance) of the Original Lease. Such Temporary Space shall be accepted by Tenant in its "as-is" condition and configuration, it being agreed that Landlord shall be under no obligation to perform any work in the Temporary Space or to incur any costs in connection with Tenant's move in, move out or occupancy of the second floor Temporary Space. Tenant acknowledges that it shall be entitled to use and occupy the Temporary Space at its sole cost, expense and risk. Tenant shall not construct any improvements or make any alterations of Building B any type to the Temporary Space without the prior written consent of a size and Landlord. All costs in a location to connection with making the Temporary Space ready for occupancy by Tenant shall be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date sole responsibility of Tenant.
B. The Temporary Space shall be subject to all the terms and conditions of the Lease except as expressly modified herein and except that (i) Tenant shall not be entitled to receive any allowances, abatement or other financial concession in connection with the Temporary Space which was granted with respect to the Premises unless such concessions are expressly provided for herein with respect to the Temporary Space, (ii) the Temporary Space shall not be subject to any renewal or expansion rights of Tenant under the Lease, (iii) Tenant shall not be required to pay Base Rent for the Temporary Space during the Temporary Space Term, and (iv) Tenant shall not be required to pay Tenant's notice requesting Share of Expenses and Taxes for the Temporary Space during the Temporary Space Term.
C. Upon termination of the Temporary Space Term, Tenant shall vacate the Temporary Space and deliver the same to Landlord in the same condition that the Temporary Space was delivered to Tenant, ordinary wear and tear excepted. At the expiration or earlier termination of the Temporary Space Term, Tenant shall remove all debris, all items of Tenant's personalty, and any trade fixtures of Tenant from the Temporary Space. Tenant shall be made available fully liable for all damage Tenant or Tenant's agents, employees, contractors, or subcontractors cause to the Temporary Space.
D. Tenant shall have no right to hold over or otherwise occupy the Temporary Space at any time following the expiration or earlier termination of the Temporary Space Term, and expiring on in the Commencement Date event of this Leasesuch holdover, Landlord shall immediately be entitled to institute dispossessory proceedings to recover possession of the Temporary Space, without first providing notice thereof to Tenant. In the event of holding over by Tenant after expiration or termination of the Temporary Space Term without the written authorization of Landlord, Tenant shall pay, for such holding over, $9,588.00 for each month or partial month of holdover, plus all consequential damages that Landlord incurs as a result of the Tenant's hold over. During any such holdover, Tenant's occupancy of the Temporary Space shall be subject to all deemed that of the terms a tenant at sufferance, and conditions of this Lease to the extent appropriatein no event, except that (i) Annual Fixed Rent for either during the Temporary Space Term or during any holdover by Tenant, shall Tenant be payable at the annual rate equal determined to the product of (x) $4.00 and (y) the rentable floor area of be a tenant-at-will under applicable law. While Tenant is occupying the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord or Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect authorized agents shall be entitled to enter the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed upon reasonable notice, to be the rentable floor area of display the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andprospective tenants
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Temporary Space. Upon reasonable prior notice from Landlord and Tenant acknowledge and agree that, subject --------------- to LandlordTenant obtaining all necessary and required government approvals at its sole cost and expense, while the "Tenant Improvements" (as defined in Exhibit "D") ----------- are being constructed, Landlord agrees shall lease to provide Tenant with and Tenant shall lease from Landlord on a temporary space basis, that certain portion of the parking area servicing the Building more particularly depicted on Schedule "1" attached to ------------ this Rider No. 1 (the "Temporary Space"), upon which Tenant intends to place, at its sole cost and expense, a temporary modular trailer (the "Trailer") on either for the second floor sole purpose of Building A or conducting employee meetings and presentations. Tenant acknowledges and agrees that Landlord shall have the second floor right to approve the type and condition of Building B of a size and in a location the Trailer Tenant intends to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that place within the Temporary Space be made available and expiring on the Commencement Date of this LeaseSpace. Tenant's leasing and occupancy of the Temporary Space and use of the Trailer shall be subject to all of the terms terms, conditions and conditions of limitations set forth in this Lease to regarding the extent appropriatePremises (including, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Spacewithout limitation, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect indemnification, repair obligations (as such repair obligations reasonably apply to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iiithe Trailer) and its obligation to obtain and maintain insurance as required under the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In additionLease), it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described except as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; and:
Appears in 1 contract
Samples: Office Lease (Mego Financial Corp)
Temporary Space. Upon reasonable prior notice from Until such time as Landlord shall deliver the Premises to Tenant to Landlordfor occupancy hereunder, Landlord agrees shall make available to provide Tenant with 6,150 rentable square feet of temporary space located at Building 0000, Xxxxxxxxx Xxxx, Xxxxxxxxxxx, XX (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and ). Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that shall lease the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy of the Temporary Space shall be subject to all of in accordance with the terms and conditions provisions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent the term of the lease for the Temporary Space shall be payable expire on the Commencement Date, (ii) Tenant shall pay Taxes, Insurance Expense, CAM Expense, all utilities and janitorial charges at the annual rate equal to the product of (x) $4.00 and (y) Temporary space in accordance with this Lease based upon the rentable floor area square footage of the Temporary Space but shall not be required to pay base rent for the Temporary Space, (iii) Landlord shall provide no upfit of the Temporary Space, (iiiv) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect Tenant shall have no right to assign or sublease the Temporary Space, ; and (v) the "Rentable Floor Area term of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) Lease for the Temporary Space shall be delivered to terminate upon the receipt by Tenant in its of notice from Landlord (the "as is" condition Landlord Notice") that Tenant must quit and no improvement allowance or brokerage commission shall be payable with respect thereto. In additionvacate the Temporary Space; provided, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunderhowever, Tenant shall not be occupying such required to vacate the Temporary Space while until the date Landlord is proceeding with components has notified Tenant that the Premises are ready for occupancy by Tenant. Upon its receipt of the Base Building Work in Buildings A and B and accordingly that Landlord Notice, Tenant shall use and occupy vacate the Temporary Space in such as manner as to minimize any unreasonable interference accordance with Landlord's performance the provisions of the Base Building WorkLandlord Notice. EXECUTED as a sealed instrument Should Tenant fail to vacate the Temporary Space in two or more counterparts each accordance with the provisions of which the Landlord Notice, Landlord shall be deemed entitled to be all of its rights and remedies under the Lease for an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Propertiesevent of default by Tenant, Inc., with no requirement that Landlord provide notice to Tenant or a cure period for its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (failure to vacate in accordance with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andLandlord Notice.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant During the period (“Temporary Space Term”) commencing upon the date that is the later to Landlord, Landlord agrees to provide Tenant with temporary space occur of (the "Temporary Space"i) on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the full execution of this Lease, and (ii) the date Landlord executes a termination agreement with the tenant currently leasing the Temporary Space be made available and expiring on continuing until the Commencement Date date that is thirty (30) days after the Improvements are substantially complete (i.e., Tenant has completed the Improvements with the exception of this Leaseany touch-up work, repairs and minor completion items that are necessary for final completion thereof), Tenant shall lease from Landlord the premises located at 0000 Xxxxx Xxxxxx West, Carlsbad, California, consisting of approximately 15,385 RSF (the “Temporary Space”). Tenant's occupancy ’s lease of the Temporary Space shall be subject to all of the terms, conditions and limitations set forth in this Lease regarding the Premises except as set forth in this Section 24.
24.1 Tenant shall pay Base Rent for the Temporary Space during the Temporary Space Term in the amount of $20,000.00 per month (based upon $1.30 per square foot of the Temporary Space per month); and, in lieu of Tenant contracting directly with the utility providers for electricity, water/sewer and gas (if available) in the Temporary Space, Landlord shall provide such utilities to Tenant as a part of the Base Rent for the Temporary Space. Tenant shall have no obligation to pay for any Operating Expenses in connection with Xxxxxx’s lease of the Temporary Space. All of other obligations of Tenant contained in this Lease with respect to the Premises (including, without limitation, Tenant’s indemnification obligation and Tenant’s obligation to obtain and maintain insurance) shall be applicable with respect to the Temporary Space throughout the Temporary Space Term.
24.2 Tenant agrees that Tenant shall accept the Temporary Space in its then “as-is” condition, and that Landlord shall not be required to construct any improvements in, or contribute any improvement allowance for, the NNN Form 2021 CARLSBAD CORPORATE CENTER I - 336 October 1, 2021 -23- Temporary Space; consequently, the Tenant Work Letter attached to this Lease as Exhibit B shall not be applicable with respect to the Temporary Space. Tenant further acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Temporary Space or its suitability for the conduct of Xxxxxx’s business therein. Notwithstanding the foregoing, Landlord shall install a 10’ x 10’ opening, at Landlord’s sole cost and expense, in between the warehouse and office areas of the Temporary Space in a location to be mutually agreed upon between Tenant and Landlord.
24.3 Throughout the Temporary Space Term, Tenant shall be entitled to utilize forty-five (45) unreserved parking spaces, subject to the terms and conditions of Section 20.2 of this Lease.
24.4 Tenant shall vacate and surrender the Temporary Space in the same condition as received, reasonable wear and tear excepted, on or before the date that is thirty (30) days after the Improvements are substantially complete. If Xxxxxx fails to so surrender the Temporary Space on or before the expiration of such thirty (30) day period, the terms and conditions of Section 20.6 of this Lease shall apply as to the extent appropriateTemporary Space, except that (i) Annual Fixed and for purposes of determining the holdover Base Rent rental rate, the Base Rent payable for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andset forth above.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant to LandlordNo later than Mxxxx 0, Landlord agrees to 0000, Xxxxxxxxxxx shall provide Tenant Subtenant with temporary space (the "“Temporary Space"”) on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring Wing on the Commencement Date of this Lease3rd floor. Tenant's occupancy The exact location of the Temporary Space is outlined on “Exhibit J” annexed hereto. Subtenant shall be subject have the right to all of the terms and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in from the date the Temporary Space is delivered to Subtenant until thirty (30) days following the substantial completion of Subtenant’s Work (such period, the “Temporary Occupancy Period”). During the Temporary Occupancy Period, Subtenant shall have no obligation to pay any rent or other charge with respect to the Temporary Space except that Subtenant shall pay its pro-rata share of Operating Expenses (as manner as to minimize any unreasonable interference with Landlord's performance hereinafter defined) based on the rentable square footage of the Base Building WorkTemporary Space. EXECUTED as a sealed instrument in two Subtenant shall have no obligation to make any repairs or more counterparts each of which performance any maintenance with respect to the Temporary Space and the same shall be deemed to provided by Sublandlord as if the Temporary Space was the Premises demised hereunder. The Temporary Space shall be an originalbuilt out with offices and/or desk areas sufficient for Subtenant’s normal business operations. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (Sublandlord shall provide Subtenant with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, reasonable access to the place of beginningTemporary Space to inspect the same. For Title see Deed recorded with All building systems and equipment servicing the Middlesex South District Registry of Deeds Temporary Space shall be in Book 12926proper working order on the delivery date. Sublandlord shall provide all Landlord Services to the Temporary Space during the Temporary Occupancy Period, Page 233. PARCEL 3 A certain parcel of land situated in said Bedfordincluding without limitation, shown on a plan of land in Bedfordheating, Mass.Dated June 5ventilation, 1961 by Xxxxxxx X. Xxxxxxxair conditioning, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded electricity and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andjanitorial services.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees that it shall provide Tenant, during the period commencing on the later to provide Tenant occur of (x) the date on which this Lease is fully executed or (y) the date which is the first business day after the date this Lease is not subject to being terminated pursuant to Section 1.09 hereof, and continuing up to (but excluding) the Commencement Date (the “Temporary Period”), with temporary space (of approximately 5,000 rentable square feet on the "Temporary Space") on either the second fifth floor of the Building A or which is located within the second floor space which constitutes the Demised Premises, with the specific location of Building B of a size and in a location such space to be mutually agreed upon determined by the mutual agreement of Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that “Temporary Space”). Tenant shall have the right to use and occupy the Temporary Space be made available during the Temporary Period, and expiring on the Commencement Date of this Lease. Tenant's ’s use and occupancy of the Temporary Space shall be subject to all of the terms and conditions of this Lease to the same extent appropriateas if the Temporary Space were the Demised Premises during such Temporary Period (and all of the terms of this Lease shall apply during the Temporary Period); provided however, except that notwithstanding anything contained in this Lease, (i) Annual Fixed Rent for Tenant shall accept the Temporary Space shall be payable at the annual rate equal to the product in its “as-is” condition, and Landlord makes no representation or warranty of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 any kind with respect to the Temporary Space, the "Rentable Floor Area including without limitation as to whether a Continuing Certificate of the Premises" Occupancy can be obtained (and Landlord shall be deemed not have any obligation to be the rentable floor area of perform any construction or other work on the Temporary Space and (iii) Space; it being understood that during the Temporary Space shall Period Landlord will be delivered performing the Tenant Work within the Demised Premises), (ii) Tenant’s right to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such shall be subject to Tenant obtaining, at Tenant’s sole cost and expense, a Continuing Certificate of Occupancy for the Temporary Space, (iii) Tenant shall not be permitted to make any alterations, additions or improvements to the Temporary Space other than as manner as may be reasonably necessary for Tenant to minimize any unreasonable interference with Landlord's performance enjoy the use of the Temporary Space for the purposes of operating its business, including without limitation, installing required wiring and cabling for telephones, computer networks and other customary office equipment (provided that any of the foregoing shall only be made in accordance with the terms of this Lease), (iv) Tenant shall not be required to pay any Base Building Work. EXECUTED as a sealed instrument in two Rent or more counterparts each of which operating costs or taxes for the Temporary Space during the Temporary Period, except that Tenant shall be deemed required to pay Landlord the Tenant electric charge set forth in Section 8.02 of this Lease for such space during such period and (v) for purposes of clarification, Tenant shall be an originalrequired to maintain the insurance required under this Lease during the Temporary Period. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston PropertiesLandlord shall, Inc.however, its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice Presidentprovide all services to the Temporary Space and the Land, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278including sufficient parking space, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by otherwise comply with its obligations under this Lease during the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTemporary Period.
Appears in 1 contract
Samples: Lease (Authentidate Holding Corp)
Temporary Space. Upon reasonable prior notice from From and after the Effective Date, Landlord shall permit Tenant to Landlordoccupy and use space located on the second (2nd) of the Building designated as Suite 200, Landlord agrees to provide Tenant with temporary space containing 3979 rentable square feet (the "“Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and ”). Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that shall accept the Temporary Space be made available in its “as-is” condition, and expiring on shall have no right to perform alterations (defined in Article 21 below) in the Commencement Date Temporary Space, nor shall Tenant have any right to assign its interest in the Temporary Space or sublease all or any portion of this Leasethe Temporary Space. Tenant's ’s occupancy of the Temporary Space shall be subject to all of the terms and conditions of this Lease to the extent appropriateLease, except that Tenant shall not be responsible for payment of Base Rent (idefined in Article 5 below) Annual Fixed Rent for the Temporary Space during the term that Tenant is permitted to occupy the Temporary Space (the “Temporary Space Term”). The Temporary Space Term shall be payable at expire as of midnight on the annual rate equal day immediately preceding the Commencement Date and, as of such date, Tenant shall vacate the Temporary Space and relocate into the Premises. If and to the product of (x) $4.00 and (y) the rentable floor area of extent that Tenant fails to timely vacate from the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" Tenant shall be deemed to be the rentable floor area of holding over in the Temporary Space and (iii) pursuant to the Temporary Space provisions of Article 6 below, except that the monthly Base Rent shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components $50.50 per rentable square foot per annum (i.e. 150% of the Base Building Work Rent rate per rentable square foot payable by Tenant for the Premises). Tenant shall, additionally, indemnify, defend, protect and hold Landlord harmless from and against any and all loss, cost, damage or liability arising in Buildings A and B and accordingly that Tenant shall use and occupy any manner out of Tenant’s holdover in the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTemporary’ Space.
Appears in 1 contract
Samples: Office Lease Agreement (Velti PLC)
Temporary Space. Upon reasonable prior notice In addition to the Premises, commencing as of the substantial completion of the tenant improvements in the Temporary Building (as that term is defined below), which is anticipated to occur on or about November 1, 2020, and continuing until the date that occurs thirty (30) day following the Lease Commencement Date (the "Temporary Space Term"), Tenant shall lease from Tenant to HCP University Center East LLC, a Delaware limited liability company ("Affiliate Landlord"), an affiliate of Landlord, and Affiliate Landlord agrees shall lease to provide Tenant with temporary approximately 13,251 rentable square feet of space located on the first (1st) floor of that certain building located at 0000 Xxxxxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx (the "Temporary Building"), as more particularly set forth on Exhibit A-2 attached hereto (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and ). Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that shall lease the Temporary Space be made available on all of the same terms and expiring on conditions as apply to the Commencement Date of Premises pursuant to this Lease. Lease (including, without limitation, Tenant's occupancy of the Temporary Space shall be subject indemnity and insurance obligations, pursuant to all of the terms and conditions of Article 10 of this Lease Lease, below, with respect to the extent appropriateTemporary Space), except that (i) Annual Fixed Tenant shall not be obligated to pay any Base Rent for the Temporary Space shall be payable at the annual rate equal with respect to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above the terms and Landlord's Tax Expenses under Section 2.7 with respect conditions applicable to the Temporary Space, Affiliate Landlord shall be deemed to be Landlord and the "Rentable Floor Area of the Premises" Temporary Building shall be deemed to be the rentable floor area Building, (iii) Tenant shall have no right to sublease or assign the Temporary Space, (iv) Tenant shall have no right to construct any Alterations or other improvements in the Temporary Space, (v) Affiliate Landlord shall construct improvements in the Temporary Space which are a logical extension of the space plan attached hereto as Exhibit A-3, and Tenant shall accept the Temporary Space in its then existing, "as-is" condition without the payment of any improvement allowance; provided, however, Landlord shall deduct One Hundred Fifty-Nine Thousand and No/100 Dollars ($159,000.00) from the Tenant Improvement Allowance in order to reimburse Landlord for certain improvement work requested by Tenant in the Temporary Space, and (vi) Tenant shall be allowed to use up to thirty-six (36) parking spaces in the parking facility associated with the Temporary Building. Notwithstanding the foregoing or anything to the contrary set forth in this Lease, Tenant shall be required to pay Tenant's Share of Direct Expenses attributable to the Temporary Space and all other Additional Rent (as defined in Section 3.2, below) due pursuant to the terms of this Lease during the Temporary Space Term, provided that Tenant's Share shall be equal to 14.23%. Tenant hereby acknowledges that neither Landlord, Affiliate Landlord nor any agent of Landlord or Affiliate Landlord has made any representation or warranty regarding the condition of the Temporary Space with respect to the suitability of such space for the conduct of Tenant's business; provided that Landlord represents and warrants, to its actual knowledge without a duty to investigate, that: (iiia) the Temporary Space shall be delivered to is not in violation of any applicable laws that would prevent Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be from occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of once the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Propertiesimprovements are complete, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed there are no damages or defect with respect to the Middlesex South Registry District Temporary Space that would not be discoverable during a visual inspection; provided that if any such damages or defects are discovered the repair shall be governed by the terms of Article 7 of this Lease. Tenant shall vacate and surrender the Temporary Space to Affiliate Landlord on or before the expiration of the Land Court Temporary Space Term (provided that if Tenant surrenders the Temporary Space early, Tenant shall provide at least thirty (30) days' prior notice to Affiliate Landlord of such surrender) empty of all furniture and personal property of Tenant, "broom clean", and in as Document Nogood condition as when it was delivered to Tenant, reasonable wear and tear and casualty damage excepted. 599584 If Tenant fails to timely vacate and surrender the Temporary Space, the terms of Article 16 of this Lease shall apply to such holdover, as to which Certificate of Title No. 161163 in Registration Book 936if the Base Rent payable 822610.04/WLA [THE BOARDWALK] 183362-00050/9-24-20/mem/mem -6- [Zentalis Pharmaceuticals, Page 13 was issued; andInc.]
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant Notwithstanding any contrary provision of this Lease, but subject to Landlordthe terms of this Section 1, Landlord agrees to provide Tenant with temporary space during the period (the "“Temporary Space"Space Term”) beginning on either the second floor Temporary Space Commencement Date (defined below) and ending on the earlier of Building A the Commencement Date or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that any earlier termination of this Lease (the “Temporary Space be made available and expiring on Expiration Date”) only, the Commencement Date term “Premises,” as defined in the first sentence of Section 1.2.2 of this Lease. Tenant's occupancy , shall be deemed to include, in addition to the space expressly described in such definition, the approximately 12,292 rentable square feet of space located on the ninth (9th) floor of the Building and designated as “Suite 908” on Exhibit F-1 to this Lease (the “Temporary Space”), and the Temporary Space shall be subject to all of the terms and conditions provisions of this Lease to the extent appropriateLease; provided, except that however, that: (i) Annual Fixed Rent the Commencement Date for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, Space Commencement Date and the Expiration Date for the Temporary Space shall be the Temporary Space Expiration Date; (ii) the amount of Base Rent required to be paid for the Temporary Space shall be $5,000.00 per month (provided, however, that solely for purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 ’s obligations with respect to the Temporary SpaceSpace under Section 16 of this Lease, the "Rentable Floor Area amount of Base Rent required to be paid for the Temporary Space during the last month of the Premises" Temporary Space Term shall be deemed to be $30,730.00 per month); (iii) Tenant shall not be required to pay Tenant’s Share of Expenses or Taxes for the rentable floor area of Temporary Space; (iv) Tenant shall not be entitled to receive any allowance, abatement or other financial concession in connection with the Temporary Space and that is being granted with respect to the balance of the Premises, and, for purposes of Exhibit B to this Lease, the Premises shall be deemed to exclude the Temporary Space; (iiiv) the Temporary Space shall not be delivered subject to any renewal or expansion right of Tenant in its "as is" condition under this Lease; and no improvement allowance or brokerage commission (vi) during the Temporary Space Term, the parking spaces that Tenant is entitled to use pursuant to Section 24 of this Lease shall be payable with respect theretolocated in the portion of the Parking Facility located beneath the Building. In additionAs used herein, it “Temporary Space Commencement Date” means the first business day following the date of mutual execution and delivery of this Lease. Landlord, at its expense, shall perform the Remaining Temporary Space Work (defined below). It is acknowledged and agreed that if (x) the Remaining Temporary Space Work may be performed during normal business hours before or after the Temporary Space Commencement Date; and (y) any delay in the completion of the Remaining Temporary Space Work or inconvenience suffered by Tenant during the performance of the Remaining Temporary Space Work shall not delay the Temporary Space Commencement Date, subject Landlord to any liability for any loss or damage resulting therefrom, or entitle Tenant to any credit, abatement or adjustment of rent or other sums payable under this Lease; provided, however, that Landlord and Tenant shall elect cooperate with each other in order to lease any enable the Remaining Temporary Space hereunderWork to be performed by July 3, Tenant shall be occupying such 2015 or as soon thereafter as reasonably possible and with as little inconvenience to the operation of Tenant’s business as is reasonably possible (but without any obligation on the part of Landlord to perform or pay for any overtime work). As used herein, “Remaining Temporary Space while Work” means the following work, all performed in a good and workmanlike manner using Building-standards materials, methods and finishes, as shown on Exhibit F-2: (a) patching, repair and painting of crown molding and base molding; and (b) installation of kitchen sink cabinetry. Landlord represents and warrants that the following work has been completed in a good and workmanlike manner using Building-standards materials, methods and finishes (except as may be otherwise shown on Exhibit F-2): (i) the demolition of walls and cabinetry as shown on Exhibit F-2; (ii) the installation of new carpet, paint on existing painted walls, and VCT (in the existing server room), all as shown on Exhibit F-2; (iii) the removal of name decals from glass in private offices; and (iv) such removal of debris and such cleaning as is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy necessary to put the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance “broom clean” condition. Without limiting the foregoing, upon the expiration of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each Temporary Space Term, all provisions (including Sections 8.15 and 16) of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, this Lease that would apply to the place Premises upon the expiration of beginning. For Title see Deed recorded this Lease with respect to the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at Premises shall apply to the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTemporary Space.
Appears in 1 contract
Samples: Office Lease (ServiceTitan, Inc.)
Temporary Space. Upon reasonable prior notice from Landlord shall make available to Tenant to Landlord, Landlord agrees to provide Tenant with temporary approximately 3,000 square feet of space (the "Temporary Space") at the Building located on either the second 5th floor of Building A when the existing Tenant at such space, Xxxx, Xxxxx & Xxxxxxxx, Inc. vacates the Temporary Space. The Temporary Space shall be delivered in "AS IS" condition and Landlord shall have no obligation to make any repairs, improvements or upgrades to the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Temporary Space. Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that may use the Temporary Space be made available and expiring on as temporary offices for the period beginning with the date Tenant takes occupancy through the date which is five (5) days after the Commencement Date of this LeaseDate. During such time period Landlord shall be free to show the Temporary Space to prospective tenants. Tenant's use and occupancy of the Temporary Space shall be subject to all of the terms and conditions provisions of this Lease as if the Temporary Space was the Demised Premises, provided Tenant shall have no obligation for the payment of Base Rent or Additional Rent. Notwithstanding the foregoing, in the event the Tenant fails to vacate timely the extent appropriateTemporary Space as required under this Section, except that (i) Annual Fixed Tenant shall thereafter pay Rent to Landlord for the Temporary Space shall be payable on at the annual rate equal to the product of (x) $4.00 and (y) the 24.25 per rentable floor area square foot of the Temporary Space, (ii) payable monthly. Tenant shall provide its own char and janitorial services for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed provided Tenant may elect to be the rentable floor area reimburse Landlord for such expenses. Prior to taking occupancy of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunderSpace, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components procure the insurance required under Article XIII of the Base Building Work in Buildings A this Lease and B and accordingly that provide certificates to Landlord. Tenant shall use and occupy be entitled to 4 parking permits during the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston PropertiesConstruction Period, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds monthly cost set forth in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andArticle III above.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice Provided this Lease is in effect and Tenant is not in default beyond expiration of any applicable cure period, Tenant shall have the option to lease from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space those certain premises (the "“Temporary Space"”) consisting of approximately 6,412 rentable square feet of office space on either the second thirty-fourth (34th) floor of Building A or the second floor Building, as shown on Exhibit H attached hereto. All of Building B the terms and provisions of a size and in a location this Lease shall apply to be mutually agreed upon by Landlord and Tenant for a period Tenant’s lease of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space except as follows:
(i) Tenant may exercise Tenant’s option to lease the Temporary Space at any time between the date hereof and December 20, 2012. However, if Landlord notifies Tenant in writing that a third party is interested in leasing the Temporary Space, then Tenant must exercise Tenant’s option to lease the Temporary Space within five (5) days of Tenant’s receipt of Landlord’s notice. In the absence of Tenant’s written exercise within such five (5) day period, Tenant shall be made available deemed to have waived Tenant’s option to lease the Temporary Space and expiring Landlord may lease such space free and clear of Tenant’s option.
(ii) The lease term for the Temporary Space (the “Temporary Space Term”) shall commence on January 1, 2013 (the “Temporary Space Commencement Date”) and shall expire on the date (the “Temporary Space Termination Date”) which is the earlier to occur (a) the day immediately after the Commencement Date of the Term of this Lease for the Premises, or (b) the termination of this Lease. Tenant's occupancy Tenant shall have no option or right to renew or extend the Temporary Space Term beyond the Temporary Space Termination Date.
(iii) Landlord shall deliver possession of the Temporary Space shall be subject to all Tenant on the Temporary Space Commencement Date.
(iv) In lieu of the terms paying Base Rent and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Additional Rent for the Temporary Space, Tenant shall pay gross rent for the Temporary Space monthly in advance in the amount of Four Thousand Four Hundred Eighty Nine and 00/100 Dollars ($4,489.00), prorated for any partial month.
(v) Tenant shall accept the Temporary Space in an “as-is” condition, without any representation, allowance, demolition or build-out from Landlord with respect to the condition or improvement thereof. No allowance, abatement, or other inducement shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, .
(vi) Tenant may not make any alterations or improvements in the "Rentable Floor Area Temporary Space (except with Landlord’s prior written approval and Landlord reserves the right to require Tenant to remove and restore any alterations performed by or on behalf of Tenant). Tenant shall surrender and vacate the Premises" shall be deemed Temporary Space and deliver possession thereof to be Landlord on or before the rentable floor area Temporary Space Termination Date in the same condition it was in upon delivery of the Temporary Space to Tenant, normal wear and tear excepted.
(iiivii) Tenant shall pay all costs of moving and installing and removing Tenant’s trade fixtures, furniture, furnishings, equipment, telephone and computers (and associated voice/data cabling) and other property (“Tenant’s Property”) into the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any from the Temporary Space into the Premises.
(viii) Upon thirty (30) days’ notice, Landlord reserves the right to relocate the Temporary Space and require Tenant, at Landlord’s sole cost and expense, to relocate to a different suite in the Building, which shall thereafter be the “Temporary Space” hereunder. After such relocation, Landlord and Tenant, within thirty (30) days after the written request of either Landlord or Tenant, shall execute a written amendment to this Lease confirming the relocation of the Temporary Space. Section 19(E) of the Lease shall not be applicable to relocation of the Temporary Space.
(ix) Tenant may not sublet the Temporary Space. Tenant shall be occupying such responsible for the cost of utilities for the Temporary Space while Space, all overtime HVAC charges for the Temporary Space, and other work orders requested by Tenant of Landlord is proceeding with components for the Temporary Space.
(x) Tenant shall be considered a holdover Tenant subject to Article 12 of the Base Building Work Lease in Buildings A and B and accordingly the event that Tenant shall use and occupy fails timely to vacate the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andSpace.
Appears in 1 contract
Samples: Office Lease (SP Plus Corp)
Temporary Space. Upon reasonable prior notice from Commencing as of the later of June 1, 2019 or delivery of possession of such space (the "Temporary Space Commencement Date"), Tenant shall have the right to Landlordutilize certain office space located on the first floor of the Building and currently known as Suite 110, Landlord agrees to provide Tenant with temporary space consisting of approximately 4,084 rentable square feet as depicted on Exhibit A attached hereto (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date Temporary Space Commencement Date through December 31, 2019 (the "Temporary Space Expiration Date", and the Temporary Space Commencement Date through the Temporary Space Expiration Date is hereby defined as the “Temporary Space Term”). Tenant shall bear all costs and expenses of Tenant's notice requesting that use of the Temporary Space and the Temporary Space shall be made available provided by Landlord in its AS IS condition. Tenant shall be permitted to use the Temporary Space for staging of hiring fairs and expiring on conducting of interviews to find new employees of Tenant, all in relation to the Commencement Date of this LeasePermitted Use, and for no other purpose. Tenant's occupancy use of the Temporary Space shall be subject to all of the terms and conditions of this Lease to the extent appropriateLease, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal any improvement allowances, Landlord construction work to the product of (x) $4.00 and (y) Leased Premises, or other concessions applicable to the rentable floor area of Leased Premises under the Lease shall not apply to the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 Tenant shall not be required to pay any Base Rent or Additional Rent with respect to the Temporary Space, but instead Tenant shall pay for the "Rentable Floor Area Temporary Space's proportionate share (5.0101%) of all Operating Expenses for the Premises" shall be deemed to be the rentable floor area of Building (without deduction for any Base Year) during the Temporary Space Term, which amount is hereby set at $3,070.76 per month (prorated for any partial month) and is not subject to audit by Tenant (iii) the "Temporary Space Rent"). Tenant shall vacate and surrender the Temporary Space, in accordance with Section 2.03 of this Lease, on or before the Temporary Space shall be delivered to Expiration Date. If Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy does not vacate the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town Temporary Space Expiration Date in accordance with Section 2.03 of Bedford" on said planthis Lease, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andLandlord shall have all 35 I\14399819.10
Appears in 1 contract
Samples: Office Lease (eHealth, Inc.)
Temporary Space. Upon reasonable prior notice from On and after the Effective Date Tenant shall be permitted to Landlord, Landlord agrees to provide Tenant with temporary space occupy Suite 120 in the Building consisting of approximately 4,292 rentable square feet (the "“Temporary Space") on either the second floor ”), provided Tenant has provided certificates of Building A or the second floor of Building B of a size and in a location insurance to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that including the Temporary Space be made available and expiring on as required under Section 11.1 of the Commencement Date of this Original Lease. Tenant's occupancy of the The Temporary Space shall be subject made available to all Tenant in its “AS IS” condition and Landlord shall Section 7(c) have no obligation to construct leasehold improvements for Tenant or to repair or refurbish the Temporary Space or perform any other work in the Temporary Space. Landlord agrees that Tenant shall not be required to pay Base Rent for the Temporary Space, however Tenant shall be obligated to pay Tenant’s Share of Operating Costs and Taxes (estimated at $1.00 per month times the rentable square footage of the Temporary Space) for the Temporary Space and any separately metered utilities. Provided, further, for any time periods following the expiration of the Move-Out Period (as defined below), Tenant shall be additionally responsible to pay monthly Base Rent for the Temporary Space, which rent shall be equal to $715.00 per day (the “Temporary Space Rent”), for the period commencing upon the expiration of the Move-Out Period and extending to the date Tenant vacates the Temporary Space in accordance with the terms hereof. Excepting the payment of Base Rent for the Temporary Space (other than Temporary Space Rent following the Move-Out Period, if applicable) all other terms and conditions of this Lease shall apply to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area Tenant’s use of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" . Tenant shall be deemed to be the rentable floor area of surrender the Temporary Space to Landlord in broom clean condition, free of all of Tenant’s personal property and (iii) otherwise in substantially the same condition the Temporary Space shall be was delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission later than five (5) days after the date the Expansion Premises are Ready for Occupancy (such 5-day period, the “Move-Out Period”). Tenant’s failure to surrender the Temporary Space following the expiration of the Move-Out Period shall be payable an Event of Default under this Lease and Landlord shall be entitled to all rights and remedies available at law or in equity with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; and.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in for Tenant’s occupancy at a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty determined in Landlord’s sole discretion (60) days from the date of Tenant's notice requesting that the “Temporary Space be made available and expiring on the Commencement Date of this LeaseSpace”). Tenant's occupancy of the Temporary Space shall be subject to all of the terms The terms, provisions, and conditions of set forth in this Lease to the extent appropriateshall govern such Temporary Space, except that (i) Annual Fixed paragraphs 4 and 5 of this Addendum No. 1 to the Lease and Exhibit “C” to the Lease are inapplicable to the Temporary Space; (ii) except as provided below, Tenant shall pay no Basic Monthly Rent or Additional Rent for such Temporary Space; (iii) the lease term applicable to the Temporary Space shall commence as of the date this Lease is fully executed and will terminate on the Lease Commencement Date; (iv) Landlord will deliver the Temporary Space to Tenant in its “AS-IS” condition; (v) a default by Tenant under the terms of this Lease which continues beyond 5 days after written notice to Tenant (which notice shall be payable at the annual rate equal in lieu of, and not in addition to, any notice required under applicable unlawful detainer statutes or paragraph 25 of this Lease) will entitle Landlord to exercise its rights pursuant to paragraph 26 of this Lease with regard to the product of (x) $4.00 Temporary Space as if it was the Premises; and (yvi) Tenant shall, within 5 days after demand, pay to Landlord the rentable floor area total cost of utilities serving the Temporary Space, (ii) which utilities shall include, but not be limited to, heating, ventilation, and air conditioning, and electricity. In the event of a termination of this Lease, for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 any reason, Landlord will provide Tenant with respect 5 days notice to vacate the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of during which 5-day period Tenant will surrender the Temporary Space and (iii) in accordance with Paragraph 24 of this Lease and, in the Temporary Space shall be delivered event Tenant fails to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy surrender the Temporary Space in such as manner as a manner, Tenant agrees to minimize any unreasonable interference with Landlord's performance thereafter pay Base Monthly Rent in the amount of $2.00 per Usable Square Foot for the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each Temporary Space and the Additional Rent provisions of which shall be deemed this Lease will apply to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTenant
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Samples: Standard Modified Gross Office Lease (Bakbone Software Inc)
Temporary Space. Upon reasonable prior 55.1 During the period beginning on the later of (a) delivery of possession of the Temporary Space to Tenant, (b) delivery of all certificates of insurance required by this Lease (which certificates of insurance shall specifically cover both the Temporary Space during the Temporary Space Term, as hereinafter defined, and the Premises), and (c) May 1, 2017, and ending on the date that is five (5) days after the earlier of (y) the Expansion Space Commencement Date (as defined in the First Amendment) and (z) if applicable, the date upon which Tenant gives Landlord notice from of termination of the First Amendment pursuant to Section 6 of the First Amendment (such period being referred to herein as the "Temporary Space Term"), Landlord shall allow Tenant to Landlorduse approximately 8,171 rentable square feet of space known as Suite No. 103 located on the first floor of the building commonly known as 0000 Xxxxxx Xxxxx, Landlord agrees to provide Tenant with temporary space Xxxxxxx Xxxx, Xxxxxxxxxx 00000 (the "Temporary Space Building") as shown on Exhibit B-2 of this Lease (the "Temporary Space") on either for the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon uses permitted by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that this Lease. During the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy of Term, the Temporary Space shall be subject to all deemed part of the terms and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for the "Premises". Such Temporary Space shall be payable at accepted by Tenant in its "as-is" condition and configuration, it being agreed that Landlord shall be under no obligation to perform any work in the annual rate equal Temporary Space or to the product of (x) $4.00 and (y) the rentable floor area incur any costs in connection with Tenant's move in, move out or occupancy of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" . Tenant acknowledges that it shall be deemed entitled to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as at its sole cost, expense and risk. Tenant shall not construct any improvements or make any alterations of any type to minimize any unreasonable interference with the Temporary Space without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed; provided that Tenant may re-paint and/or re-carpet all or a portion of the Temporary Space using Building standard materials without Landlord's performance prior written consent. All actual out-of-pocket costs of Landlord and any costs of Tenant in connection with making the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which Temporary Space ready for occupancy by Tenant shall be deemed the sole responsibility of Tenant. Tenant shall have no right to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary sublease or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with assign the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTemporary Space.
Appears in 1 contract
Samples: Lease Amendment (Nevro Corp)
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space 5.1. During the period beginning on: (i) the "Temporary Space") on either later of the second floor full and final execution of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon this Lease by Landlord and Tenant for a period (including delivery by Tenant of time commencing no earlier than sixty (60) days from any Security Deposit, prepaid rental and certificates of insurance covering the date of Tenant's notice requesting that Premises and Temporary Space during the Temporary Space be made available Term), and expiring ending on (ii) the Commencement Date (such period being referred to herein as the “Temporary Space Term”), Landlord shall allow Tenant to use approximately 3,657 rentable square feet of space known as Suite No. 530 located on the fifth (5th) floor of the Building as shown on Exhibit H of this Lease (the “Temporary Space”) for the Permitted Use. During the Temporary Space Term, the Temporary Space shall be deemed the “Premises” for purposes of Article 10 (Indemnification; Insurance) of the Lease. Such Temporary Space shall be accepted by Tenant in its “as-is” condition and configuration, it being agreed that Landlord shall be under no obligation to perform any work in the Temporary Space or to incur any costs in connection with Tenant's ’s move in, move out or occupancy of the Temporary Space. Tenant acknowledges that it shall be entitled to use and occupy the Temporary Space at its sole cost, expense and risk. Tenant shall not construct any improvements or make any alterations of any type to the Temporary Space without the prior written consent of Landlord. All costs in connection with making the Temporary Space ready for occupancy by Tenant shall be the sole responsibility of Tenant.
5.2. The Temporary Space shall be subject to all of the terms and conditions of this the Lease to the extent appropriate, except as expressly modified herein and except that (i) Annual Fixed Rent for Tenant shall not be entitled to receive any allowances or other financial concession in connection with the Temporary Space shall be payable at the annual rate equal which was granted with respect to the product of (x) $4.00 and (y) the rentable floor area of Premises unless such concessions are expressly provided for herein with respect to the Temporary Space, (ii) the Temporary Space shall not be subject to any renewal or expansion rights of Tenant under the Lease, (iii) Tenant shall not be required to pay Base Rent for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to Temporary Space during the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area portion of the Temporary Space Term beginning on the full and final execution of the Lease and ending on December 14, 2011, and (iiiiv) Tenant shall not be required to pay Tenant’s Share of Expenses and Taxes for the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect theretoduring the Temporary Space Term. In addition, it is acknowledged and agreed the event that if Tenant shall elect to lease any the Temporary Space hereunderTerm does not expire on or before December 14, 2011, during the period beginning on December 15, 2011 and ending on the last day of the Temporary Space Term, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the pay Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy Rent for the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end rate of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; and$372.71 per day.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from (a) Tenant to Landlord, Landlord agrees to provide Tenant with shall lease temporary space from Landlord on the fourth (4th) floor of the Building, agreed to consist of 27,681 rentable square feet of space, as identified in Exhibit G attached hereto (the "“Temporary Space") ”), during the period commencing on either the second floor Effective Date of Building A or the second floor of Building B of a size this Lease and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty ending thirty (6030) days from after the date of Tenant's notice requesting that Commencement Date. Rent for the Temporary Space shall be made available in the amount of $81,612.92 per month, provided that all such rent shall be abated in accordance with Section 35(c) below. Tenant has inspected the Temporary Space and expiring shall accept such space in its “as is” condition, which condition shall be substantially similar to the condition of other similar space in the Building, and Tenant shall be prohibited from moving any walls or other structures. Landlord shall install temporary furniture which Tenant may lease, at Landlord’s expense, from its furniture vendor for Tenant’s use in the Temporary Space. Tenant shall be permitted to make purely cosmetic alterations to such space at Tenant’s sole expense, subject to the conditions set forth in this Lease, provided that Tenant shall remove any such alterations as directed by Xxxxxxxx at the termination of such temporary occupancy, and surrender the Temporary Space in the substantially same condition as on the Commencement Effective Date of this Lease.
(b) Tenant will vacate the Temporary Space no later than thirty (30) days after the Commencement Date for the Premises, and in the event that Tenant does not vacate the temporary space by that date, (i) rent will be payable to Landlord, thereof at the same holdover rates as set forth for the Premises in this Lease prorated on a per square foot basis, and (ii) such failure shall constitute an Event of Default under this Lease. Tenant's ’s use and occupancy of the Temporary Space shall be subject to all of on the same terms and conditions set forth in this Lease, including Landlord's obligation to provide those services set forth herein, revocable by Landlord at any time in the event of a Default by Tenant under the terms of this Lease Lease. Tenant’s right to the extent appropriate, except that (i) Annual Fixed Rent for occupy the Temporary Space shall be payable at terminate thirty (30) days after the annual rate equal Commencement Date, or if prior to the product Commencement Date there has been an Event of (x) $4.00 and (y) Default by Tenant the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect right to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) occupy the Temporary Space shall be delivered to terminate on the date of such Default.
(c) Provided Tenant shall not have been otherwise in default of any of its obligations under this Lease beyond any applicable cure or grace period, this Lease remains in full force and effect, and Tenant shall have provided all the information and approvals reasonably required of Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable accordance with respect thereto. In additionthe Tenant Work Letter set forth in Exhibit D, it is acknowledged and agreed that if Tenant shall elect each to lease any Temporary Space hereunderthe extent then applicable, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components waives the payment of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy rent for the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building WorkSpace. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 [Signatures appear on a plan entitled “Plan of Land in Bedford, Mass.following page.] DOCPROPERTY "DocID" dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; and\* MERGEFORMAT
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Landlord acknowledges that Tenant to Landlordhas been occupying the Temporary Space in its “as is” condition since September 1, Landlord agrees to provide Tenant with temporary space 2004 and shall continue until the Expansion Premises Commencement Date (the "“Temporary Space"Space Term”). Tenant paid Annual Rent and Occupancy Costs (at the times and manner provided in the First Amendment) through March 31, 2005. Commencing on either April 1, 2005 and continuing until the second floor Expansion Premises Commencement Date, Tenant shall only be obligated for the payment of Building A or Occupancy Costs (as further described in this Second Amendment) in accordance with Section 4.02 of the second floor Lease. Tenant agrees that Annual Rent payments abated hereunder during the Temporary Space Term shall continue throughout the Expansion Premises Term, including any extensions of Building B the Lease. If an Event of a size Default exists hereunder pursuant to Article 19.00, after any cure period and in a location Landlord commences an action to be mutually agreed upon recover Rent and/or possession of the Premises, then all abated Annual Rent and Occupancy Costs payments not collected by Landlord and Tenant for a period during the Temporary Space Term shall, as of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that ’s default, become immediately due and payable with interest on such sums at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law from the date each such installment was originally due to the date of payment. Annual Rent during the Temporary Space Term shall be made available and expiring on the Commencement Date calculated at $7.00 per rentable square foot. Said obligation of this Lease. Tenant's occupancy Tenant for payment of abated Annual Rent not collected during the Temporary Space Term shall be subject independent of and in addition to all Landlord’s other damages pursuant to Article 19.00 of the terms and conditions of this Lease to Lease. In the extent appropriate, except event that (i) Annual Fixed Rent for Tenant occupies the Temporary Space shall be payable at beyond the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunderExpansion Premises Commencement Date, Tenant shall be occupying such Temporary Space while Landlord is proceeding responsible for Annual Rent and Occupancy Costs in accordance with components of the Base Building Work in Buildings A and B and accordingly that this Second Amendment until Tenant shall use and occupy vacates the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andSpace.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from 40.01 During the period (hereinafter referred to as the "Temporary Period") commencing on the later to occur of (a) January 1, 2000 and (b) the date which shall be fifteen (15) days after the date of mutual execution and delivery of this lease and continuing until the date that shall be the earlier to occur of (a) the six (6) month anniversary of the Commencement Date and (b) the date Tenant commences business in the Demised Premises (such date being hereinafter referred to Landlordas the "Temporary Space Expiration Date"), Landlord agrees shall make available to provide Tenant with temporary the space set forth on Exhibit C annexed hereto and made a part hereof (hereinafter referred to as the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by which Landlord and Tenant agree shall be deemed to consist of 4,750 rentable square feet, for a temporary occupancy by Tenant during such period of time commencing no earlier than sixty (60) days from the date of that Tenant is performing Tenant's notice requesting that Work. Tenant shall pay Landlord on account of its use of the Temporary Space, as additional rent, the amount (hereinafter referred to as the "Temporary Space Rent") of $126,817.50 per annum ($10,568.13 per month) payable on the first day of each calendar month during the Temporary Period, which Temporary Space Rent includes $12,567.50 per annum ($1,047.29 per month) on account of electricity furnished to the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's by Landlord.
40.02 Such occupancy of the Temporary Space shall be subject to upon all of the terms terms, covenants and conditions of this Lease except that the provisions of Sections 1.03, 1.04, 1.08, 16.01, 16.02, 16.07 and 1608 and Articles 4, 5, 31 and 39 shall not apply to the extent appropriate, except that (i) Annual Fixed Rent for Temporary Space.
40.03 Tenant shall accept the Temporary Space in "as is" condition.
40.04 Notwithstanding anything herein to the foregoing, in the event Xxxxxx fails to surrender vacant possession of the entire Temporary Space to Landlord on or before the Temporary Space Expiration Date, then from and after the Temporary Space Expiration Date, up to and including the date Tenant surrenders vacant possession of the entire Temporary Space to Landlord, the reference in Section 24.02(a) to "fixed rent and additional rent payable by Tenant under this lease" shall be payable at the annual rate equal deemed to refer to the product Temporary Space Rent and the provisions of (xSection 24.02(b) $4.00 and (yc) shall apply with respect thereto with the rentable floor area reference in Section 24.02(b) to "any rent paid by Tenant pursuant to Section 24.02(a) above" being deemed to refer to the Temporary Space Rent.
40.05 Nothing herein shall be deemed an agreement of, or consent by, Landlord to allow Tenant to remain in possession of the Temporary Space, (ii) or any portion thereof, beyond the Temporary Space Expiration Date and if Xxxxxx does not surrender vacant possession of the entire Temporary Space to Landlord by the Temporary Space Expiration Date, Landlord shall be entitled to exercise all rights available to it at law, in equity and/or under this lease for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 a holdover by Tenant with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; and.
Appears in 1 contract
Samples: Lease (Promotions Com Inc)
Temporary Space. Upon reasonable prior notice During the construction of the Tenant Improvements in the Premises in accordance with Exhibit A attached hereto, in the event such construction materially interferes with Tenant’s use of the Premises, Tenant shall be entitled to request from Landlord up to 7,500 rsf of space in the Building to occupy temporarily during such construction time (“Temporary Space”). In the event Tenant to requests such Temporary Space from Landlord, Landlord agrees to provide Tenant with temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size shall determine, in its sole and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the absolute discretion, whether any Temporary Space be made is then, and will remain during the construction of the Tenant Improvements, available and expiring on unencumbered by rights of other tenants. In the Commencement Date of this Leaseevent Landlord determines that Temporary Space is available for Tenant’s occupancy, such Temporary Space will be delivered to Tenant in its existing “AS-IS”, “WHERE-IS” and “WITH ALL FAULTS” condition, and Landlord shall have no obligation whatsoever to refurbish or otherwise improve such Temporary Space for Tenant’s temporary occupancy. Tenant's ’s temporary occupancy of the Temporary Space shall be subject to all of the terms and conditions provisions of this Lease the Lease, as amended hereby, such that all references to the extent appropriate“Premises” in the Lease shall also refer to the Temporary Space for the duration of Tenant’s occupancy (which will require, among other things, that Tenant provide Landlord with copies of certificates of insurance, complying in all respects with the terms of the Lease applicable to the Temporary Space prior to entering the Temporary Space), except that (i) Annual Fixed Tenant shall not be obligated to pay Base Rent for the Temporary Space during such occupancy (it being understood that Tenant will remain obligated to pay Base Rent for the Premises during Tenant’s occupancy of the Temporary Space in accordance with the terms of the Lease, as amended by this First Amendment). Tenant shall be payable at the annual rate equal pay all costs associated with Tenant’s temporary relocation to the product of (x) $4.00 and (y) the rentable floor area of from the Temporary Space, (ii) for including, without limitation, the purposes costs of determining moving any of Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above ’s furniture and Landlord's Tax Expenses under Section 2.7 with respect to equipment. In the event Tenant occupies the Temporary SpaceSpace pursuant to this Section 9, Tenant shall vacate the "Rentable Floor Area Temporary Space on the earlier to occur of Substantial Completion of the Tenant Improvements (as defined in Exhibit A hereto), or the date when such construction of the Tenant Improvements no longer materially interferes with Tenant’s use of the Premises" shall be deemed to be the rentable floor area of the Temporary Space , and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy leave the Temporary Space in such the same or similar condition as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Propertieswhen received, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded reasonable wear and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andtear excepted.
Appears in 1 contract
Samples: Lease Agreement (Schrodinger, Inc.)
Temporary Space. Upon reasonable prior notice from Commencing on January 1, 2003 (or such earlier date as Landlord may permit) through June 30, 2004 ("TEMPORARY SPACE TERM"), Tenant shall be permitted to Landlordoccupy Suite 1818 at the 00 Xxxxx Xxxxxx Xxxxxxxx ("SUITE 1818") consisting of 16,434 rentable square feet, which space is depicted on Exhibit I. (Suite 1818 and any space provided by Landlord agrees in substitution thereof pursuant to provide Tenant with temporary space (the terms hereof is referred to as the "Temporary SpaceTEMPORARY SPACE") on either the second floor of Building A ). No Base Rent or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy of the Temporary Space shall be subject to all of the terms and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space Adjustment shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, Space during the "Rentable Floor Area Temporary Space Term. Temporary Space shall be governed by the terms of the Premises" shall be deemed Lease. Landlord will have the right to be relocate Tenant from Suite 1818 to comparable alternative space in the rentable floor area Building as Temporary Space for the balance of the Temporary Space Term, provided that Landlord notifies Tenant of such change no later than September 30, 2003. Landlord will pay or reimburse Tenant for all costs incurred by Tenant in connection with moving to such alternative Temporary Space up to the sum of $250,000 (the "RELOCATION ALLOWANCE"). If all or any portion of the Relocation Allowance is not used for such relocation costs on or before June 30, 2004, regardless of whether Landlord requires Tenant to relocate to alternative Temporary Space, Tenant may use such amount for any other relocation costs in the Building incurred by Tenant or as a credit against Base Rent and (iii) Rent Adjustment. Unless such Temporary Space is encumbered by occupancy rights of a third party Building tenant, Tenant shall have the right, exercised by notice to Landlord no later than December 31, 2003, to add the Temporary Space shall to the Premises. In the event the Tenant exercises such option, the Temporary Space will be delivered added to Tenant in its "as is" condition the Premises for the balance of the Term, or such shorter period if such Temporary Space is then encumbered by third party Building tenant rights, and no improvement allowance or brokerage commission Base Rent and Rent Adjustment shall be payable with respect theretothereto at the same rates as applicable to the other Office Premises. In addition, it is acknowledged and agreed that if If Tenant shall elect to lease any holds over in the Temporary Space hereunderSpace, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy obligated to pay rent for the Temporary Space in such as manner as during the holdover period at a rate equal to minimize any unreasonable interference with Landlord's performance of twice the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, rate applicable to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andother Office Premises.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from a. From October 1, 2024 through the last Early Termination Date (as such date may be extended pursuant to the terms of Paragraph 1 hereof) (the “Construction Period”), Tenant shall have the exclusive right to Landlordoccupy and use Suite 1000 in the Building (the “Temporary Space”) containing approximately 18,410 rentable square feet.
b. The Temporary Space shall be made available to Tenant in as is condition, without any agreements, representations, understandings or obligations on the part of Landlord to perform alterations, repairs or improvements to the Temporary Space, and no representation by Landlord or its agents regarding the condition of the Temporary Space; provided, however, subject to the terms below, Landlord agrees shall provide all services to provide Tenant with temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space as Landlord provides to the Premises under the terms of the Lease at all times through the Construction Period. Any alterations to the Temporary Space must be made available and expiring on performed in accordance with the Commencement Date Lease, including, but not limited to Section 9 of this the Original Lease. Tenant's occupancy .
c. If Tenant shall enter possession of all or any part of the Temporary Space shall be subject to during the Construction Period, all of the terms covenants and conditions of this the Lease shall be binding upon the parties hereto in respect of such possession the same, except that, strictly with respect to the extent appropriateConstruction Period, except that (i) Annual Fixed Tenant shall have no obligation to pay Base Rent and Additional Rent for the Temporary Space shall be payable at Space; provided, however, during any month of the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area Construction Period that Tenant occupies any portion of the Temporary Space, Tenant shall be responsible for (i) the costs of any after-hours HVAC services requested by Tenant, and (ii) separately metered electrical costs.
d. Upon expiration of the Construction Period, Xxxxxx shall surrender possession of the Temporary Space to Landlord in broom clean condition that is in equal to or better order, repair and condition than the condition of the Temporary Space at the commencement of the Construction Period (subject to ordinary wear and tear and damage from condemnation or casualty), and in accordance with Section 17 of the Lease. Any continuation of possession of the Temporary Space after expiration of the Construction Period shall be a tenancy at sufferance, with Tenant liable for use and occupancy charges payable in accordance with Section 18 of the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 Lease, with respect to the Base Rent being calculated at $24.50 per rentable square foot for the Temporary Space, and the "Rentable Floor Area Additional Rent based on the Prorata Share of the Premises" shall be deemed to be the rentable floor area of the Temporary Space which is 6.04%, (which is 18,410 rentable square feet divided by 304,799 rentable square feet in the Office Section), and if such continued possession exceeds five (iii5) business days, then together with all incidental, consequential and other damages arising from or related to such continuation of possession of the Temporary Space shall that may be delivered available to Tenant in its "as is" condition and no improvement allowance Landlord at law or brokerage commission shall be payable equity. Time is of the essence with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andthis Paragraph 6.
Appears in 1 contract
Samples: Office Lease (GCM Grosvenor Inc.)
Temporary Space. Upon reasonable prior notice from Tenant Tenant's written request and to Landlordthe extent available, Landlord agrees to shall provide Tenant with temporary space (the "Temporary Space") on either in the second floor Building for periods of Building A or the second floor not more than ninety (90) days each and for an aggregate of Building B of a size and in a location 365 days to be mutually agreed upon used by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy of the Temporary Space shall be subject to all of the terms each and conditions every term and condition of this Lease to the extent appropriate, except that (i) Annual Fixed no Monthly Base Rent shall be payable for the Temporary Space; provided, however, Tenant shall be obligated to pay Additional Rent for the Temporary Space during any period Tenant occupies any such Temporary Space. In the event Tenant desires to continue to use any such Temporary Space after such ninety (90) day period expires and Landlord does not require any such Temporary Space for leasing to a third party, Tenant shall have the right to remain in such Temporary Space until the earlier to occur of the date (i) Tenant no longer desires to use such Temporary Space, and (ii) ten (10) days following the date Landlord provides Tenant with written notice of Landlord terminating Tenant's right to use such Temporary Space; in either event, any such move out of such Temporary Space, shall be payable at Tenant's sole cost and expense. The Temporary Space shall contain approximately 12,000 rentable square feet but may be comprised of multiple spaces in the annual rate equal Building totalling said area with Landlord using reasonable efforts to provide contiguous space as the Temporary Space. Tenant acknowledges that the Temporary Space may be a different space each time Tenant requests such space. Not less than ninety (90) days prior to the product date Tenant anticipates a need for Temporary Space Tenant shall give written notice thereof to Landlord specifying the date for desired delivery and size requirements. Tenant shall accept the Temporary Space in its "as-is" condition and shall not make any alterations therein without Landlord's prior written consent (which consent shall not be unreasonably withheld). The Temporary Space shall be used by Tenant solely as general office space during periods of (x) $4.00 construction and (y) shall not be used as additional expansion space to the rentable floor area Premises for Tenant's general office use. Notwithstanding construction in portions of the Premises and Tenant's use of the Temporary Space, (ii) Tenant shall remain obligated to pay Rent in full for the purposes of determining Premises (except as otherwise expressly provided herein). Landlord hereby agrees that following Tenant's payments on account written request during the Term of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Spacethis Lease, the "Rentable Floor Area of the Premises" Landlord shall be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered promptly furnish to Tenant information setting forth space then available in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect the Building for Tenant's use pursuant to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andthis Paragraph 66.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from a. Commencing on the Third Amendment Renewal Date (the “Temporary Space Commencement Date”) and continuing through and including February 28, 2018 (the “Temporary Space Occupancy Period”), Tenant shall have the right to occupy those certain existing classrooms located in the Third Amendment Surrender Space as shown on Exhibit B attached hereto (the “Temporary Space”). Prior to entering the Temporary Space, Tenant shall obtain (to the extend not previously provided to Landlord, Landlord agrees ) all insurance Tenant is required to obtain by the Lease and shall provide Tenant with temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location certificates evidencing said insurance to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this LeaseLandlord. Tenant's occupancy of the Temporary Space shall be subject to all of the terms and conditions of this the Lease except Tenant shall not be required to the extent appropriatepay Basic Rent, except that (i) Annual Fixed Rent Tenant’s pro rata share of increases in Operating Expenses and Tenant’s pro rata share of increases in Real Estate Taxes for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of during the Temporary Space, (ii) for the purposes of determining Space Occupancy Period.
b. Tenant hereby acknowledges that Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area occupancy of the Temporary Space is on an "as is" basis and (iii) the Temporary Space shall be delivered to Tenant in its "as is, where-is" condition with all faults. On or before February 28, 2018, Tenant shall surrender the Temporary Space to Landlord in accordance with the terms of the Lease. If Tenant fails to so surrender the Temporary Space to Landlord, in addition to all sums due for the Third Amendment Reduced Premises, until such time as Tenant surrenders the Temporary Space to Landlord, Tenant shall pay Basic Rent, Tenant’s pro rata share of increases in Operating Expenses and no improvement allowance Tenant’s pro rata share of increases in Real Estate Taxes at the same rate per rentable square foot then in effect for the Third Amendment Reduced Premises (which such amount shall not be reduced by any abated rent, conditionally waived rent, free rent or brokerage commission shall be payable with respect theretosimilar rental concessions, if any). In addition, it is acknowledged and agreed that if Landlord shall have the right to consider Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy hold over at the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance under the terms of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andLease.
Appears in 1 contract
Samples: Leasing Agreement (Learning Tree International, Inc.)
Temporary Space. Upon reasonable prior notice from Tenant to LandlordThe parties acknowledge that, Landlord agrees to provide Tenant with temporary space as of the date hereof, the portion of the first floor of the Building described on Exhibit I hereto consisting of 5,000 rentable square feet (the "Temporary Space") on either is not under lease to any entity. The parties agree that Tenant shall have the second floor right, by providing written notice thereof to Landlord at any time prior to February 1, 2003, to lease all or any portion of Building A or the second floor Temporary Space as specified by Tenant in such notice (the space being specified in such notice being referred to as the "Subject Temporary Space" (it being agreed that in the event the Subject Temporary Space is less than all of Building B of a size and the Temporary Space, then such Subject Temporary Space shall be in a location reasonably acceptable to be mutually agreed upon by Landlord Landlord) and Tenant the commencement date for a period the lease of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Subject Temporary Space as specified in such notice being referred to as the "Subject Temporary Space Start Date") on a month to month basis. In the event Tenant leases any Subject Temporary Space pursuant to this Section 4.03, then such Subject Temporary Space shall, effective as of the Subject Temporary Space Start Date and during the term of the lease of such Subject Temporary Space, be made available considered as part of the Demised Premises under this Lease and expiring on subject to the Commencement Date terms of this Lease; provided, however, that notwithstanding anything contained in this Lease, (i) such Subject Temporary Space shall be accepted by Tenant under lease "AS IS," without any representations or warranties of any kind by Landlord, (ii) the term of the lease for such Subject Temporary Space shall commence on the Subject Temporary Space Start Date and shall continue until the earlier to occur of February 28, 2003 or such earlier date as specified in writing by Tenant to Landlord (provided that Tenant must provide Landlord with at least thirty (30) days written notice if it elects to terminate the lease of such Subject Temporary Space on a date prior to February 28, 2003), (iii) Tenant shall pay Landlord, as additional "Base Rent" for such Subject Temporary Space during the term of the lease of such Subject Temporary Space, an amount equal to $25.50 per rentable square foot of such Subject Temporary Space per annum, plus $1.35 per rentable square foot of such Subject Temporary Space per annum for Tenant electric, in each case pro-rated for the number of days in the term of such lease and (iv) Tenant shall not make any alterations or improvements to such Subject Temporary Space without Landlord's prior written consent. Notwithstanding anything contained herein, Tenant's occupancy of rights described in this Section 4.03 with respect to the Temporary Space shall be subject and subordinate to all each of the terms Priority Tenants' (as defined in Section 4.02 hereof) rights to such space as provided in their respective leases (and conditions Tenant shall only have the right to lease such space in the event each of this Lease the Priority Tenants declines to exercise any such rights; it being agreed that in the event Tenant exercises its right for any such Subject Temporary Space, Landlord shall provide Tenant with reasonable details as to the extent appropriate, except that amount of time the Priority Tenants have to exercise their respective options for such space).
1.23. Section 5.01 of the Lease is amended by deleting the third sentence of such Section 5.01 in its entirety.
1.24. Section 5.03(b) of the Lease is amended by (i) Annual Fixed Rent for deleting the Temporary Space shall be payable at words "sixty (60) days" in the annual rate equal to second and sixteenth lines of such Section 5.03(b) and inserting in their place, both such times, the product of words "one hundred twenty (x120) $4.00 and (y) the rentable floor area of the Temporary Spacedays", (ii) for deleting the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect words "(subject to the Temporary Spacepenultimate sentence of this Section 5.03(b))" in the seventh line of such Section 5.03(b), the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) deleting the Temporary Space words "(subject to the last sentence of this Section 5.03(b))" in the eighth line of such Section 5.03(b), and (iv) deleting the last two sentences of such Section 5.03(b) in their entirety.
1.25. Section 5.03(d) of the Lease is amended by inserting the word "commercially" before the words "reasonable management fee" in clause (xi) of such Section 5.03(d).
1.26. Section 6.02(b) of the Lease is amended by (i) inserting the following sentence immediately before the first sentence of such Section 6.02(b): "Any signs permitted pursuant to Section 6.02 hereof (including, without limitation, under Section 6.02(c) hereof) shall be delivered subject to Tenant in its "as isapproval of local permitting authorities." condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of (ii) inserting the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds following sentence at the end of Book 9844, bounded such Section 6.02(b): The parties agree that (I) Landlord makes no representation or warranty of any kind whatsoever that the applicable local permitting authorities will approve any such signs and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63II) feet; NORTHWESTERLY by land now or formerly the failure of Tenant to have any such signs due in any way to the failure to obtain the approval of the Worcester Corporationapplicable permitting authorities shall not constitute a breach or other violation of this Lease and shall not entitle Tenant to any remedies against Landlord (including, two hundred nine and 95/100 (209.95without limitation, any reduction in Rent) feet; NORTHEASTERLY by land now or formerly in any manner whatsoever modify the terms of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andthis Lease.
Appears in 1 contract
Samples: Lease (Genta Incorporated /De/)
Temporary Space. Upon reasonable prior notice from Tenant shall have the right to Landlord, Landlord agrees to provide Tenant with occupy temporary space consisting of up to an aggregate of one (1) full floor in the "Building during the construction of improvements in the Premises (“Temporary Space"”) on either as specified in Section 6, below. Such temporary possession of the second floor of Building A or Temporary Space shall be upon all the second floor of Building B of a size same terms and conditions as are contained in a location the Lease, as amended hereby, except that (a) Tenant shall be permitted to be mutually agreed upon by Landlord and Tenant occupy the Temporary Space for a period commencing on the date Landlord delivers the Temporary Space to Tenant (“Temporary Space Delivery Date”) and ending nine (9) months thereafter (“Temporary Space Period”); (b) Tenant shall not be obligated to pay Landlord Base Rent or Additional Rent for the Temporary Space during the Temporary Space Period; (c) if Tenant fails to timely vacate the Temporary Space after the expiration of time commencing no earlier the Temporary Space Period, (i) Tenant’s occupancy shall be on a month-to month basis terminable by either party upon thirty (30) day’s prior written notice; and (ii) the Base Rent payable by Tenant for the Temporary Space shall be equal the base rental rate then being paid by Tenant for the Premises multiplied by the number of rentable square feet in the Temporary Space, provided however if Tenant continues to occupy the Temporary Space more than sixty (60) days from after the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy expiration of the Temporary Space shall be subject to all of Period, the terms and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Base Rent for the Temporary Space shall be payable at the annual rate equal increase by 150% per day for each day that Tenant thereafter continues to the product of (x) $4.00 and (y) the rentable floor area of occupy the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect . If Tenant fails to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area deliver possession of the Temporary Space and to Landlord within ninety (iii90) days after the expiration of the Temporary Space Period, then the Temporary Space shall be delivered added to Tenant in its "as is" condition the definition of the Premises, and no improvement allowance or brokerage commission the Base Rent, Tenant’s Building Share and Tenant’s Common Area Share shall be payable with respect thereto. In additionappropriately increased on an equal pro rata basis as for the Premises, it is acknowledged and agreed that if Tenant shall elect thereafter retain the right to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components possession of and obligation to pay Rent on both the Base Building Work in Buildings A Premises and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance for the remainder of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andinitial Term.
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
Temporary Space. Upon reasonable prior notice from (a) Landlord hereby grants to Tenant the exclusive right to Landlord, Landlord agrees to provide Tenant with temporary occupy and use that certain office space (the "Temporary Space") deemed to contain three thousand two hundred fifty-nine (3,259) square feet of rentable area on either a portion of the second ninth (9th) floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant Building, known as Suite 903, as shown on the plan attached hereto as Exhibit D for a the period of time (the “Temporary Space Occupancy Period”) commencing no earlier than sixty (60) days from on the date of Tenant's notice requesting that Landlord delivers the Temporary Space to Tenant, anticipated to be made available September 1, 2021, but in no event prior to such date (the “Temporary Space Commencement Date”) and expiring terminating on the date (the "Temporary Space Termination Date") that Tenant vacates the Temporary Space in accordance with this Section 8; provided that (i) such Temporary Space Termination Date shall occur not earlier than the Expansion Space Commencement Date Date, or later than thirty (30) days after the Expansion Space Commencement Date, and (ii) Tenant shall provide not less than five (5) days’ prior written notice to Landlord of the date it vacates the Temporary Space. Immediately upon the Temporary Space Termination Date, Tenant’s right to occupy and use the Temporary Space shall cease and terminate, without any further notice to quit. For clarity, Tenant’s right to occupy and use the Temporary Space shall cease and terminate immediately if Tenant elects to have this Lease. Tenant's occupancy Amendment not become effective in accordance with Section 3(b)(i) above.
(b) Landlord shall deliver possession of the Temporary Space in “as is” condition, including existing furniture in four (4) offices, eleven (11) cubicle desks, and a conference table (the “Existing Furniture”). Tenant shall be subject to all of the terms and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area accept possession of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and as of the Temporary Space Commencement Date. Landlord shall have no improvement allowance obligation to make any Alterations whatsoever in or brokerage commission shall be payable to the Temporary Space or the Building in connection with respect theretothe Tenant’s right to occupy the Temporary Space. In addition, it is acknowledged and agreed that if Tenant shall elect not make or permit anyone to lease make any Alterations whatsoever in or to the Temporary Space hereunder, Tenant shall without obtaining Landlord's prior written consent which may be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work granted or withheld in Buildings A Landlord's sole and B and accordingly absolute discretion; provided that Tenant shall use may install necessary wiring and occupy cabling associated with establishing an internet and network connection in the Temporary Space in accordance with such plans and specifications as manner approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Tenant shall return the possession of the Temporary Space (and the Existing Furniture) to Landlord, broom clean, in the same conditions as it was as of the Temporary Space Commencement Date, on or before the Temporary Space Termination Date, WDC 91102651v11 reasonable wear and tear and damage by casualty excepted, with all of Tenant’s equipment, furniture and personal property removed, and any cabling and wiring installed by Tenant shall not be cut and shall be properly and neatly unplugged, coiled and labeled in accordance with any applicable Laws.
(c) Except to minimize the extent that such a reading would be in conflict with any unreasonable interference with provision of this Section 8, Tenant’s occupancy and use of the Temporary Space, and Landlord’s rights and obligations thereto, shall be governed by all of the provisions of this Amendment and the Lease as if the Temporary Space were part of the Premises (including, without limitation, all insurance and indemnity provisions), except for the payment of Base Rent and Tenant’s Proportionate Share of increases in Operating Charges and Real Estate Taxes. Tenant shall pay a monthly fee (the “Temporary Space Fee”) for its occupancy of Temporary Space during the Temporary Space Occupancy Period equal to Nine Thousand Five Hundred Five and 42/100 Dollars ($9,505.42), based on an annual rate of Thirty-Five Dollars ($35.00) per rentable square foot of the Temporary Space. The Temporary Space Fee shall be prorated on a per diem basis for any partial calendar month during the Temporary Space Occupancy Period. Tenant shall pay for its electricity usage in the Temporary Space based on a submeter, and any overtime HVAC or other services requested by Tenant as expressly set forth in the Lease. All sums payable by Tenant hereunder shall be paid to Landlord, without setoff, deduction or demand, and otherwise pursuant to the terms of the Lease, as amended hereby.
(d) During the Temporary Space Occupancy Period, Tenant shall not, directly or indirectly, mortgage, pledge, encumber, sell, assign or sub-transfer its right to occupy the Temporary Space, in whole or in part, by operation of law or otherwise, or sublease or permit the occupancy of all or any portion of the Temporary Space, without obtaining Landlord's performance prior written consent which may be granted or withheld in Landlord's sole and absolute discretion. Tenant shall not place, inscribe, paint, affix or otherwise display any other sign, advertisement, picture, lettering or notice of any kind on any part of the Base Building Work. EXECUTED as a sealed instrument in two exterior or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly interior of the Worcester CorporationTemporary Space without the prior written approval of Landlord, two hundred nine which may be granted or withheld in Landlord’s sole and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andabsolute discretion.
Appears in 1 contract
Samples: Office Lease Agreement (IMARA Inc.)
Temporary Space. Upon reasonable prior notice from A. For the period commencing on the date Tenant to Landlord, Landlord agrees to provide Tenant with temporary space begins occupying the Temporary Space (the "Temporary SpaceSpace Effective Date") and ending on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring Termination Date (as defined below), the Original Premises is temporarily increased from 3,416 rentable square feet on the Commencement Date of this Lease. Tenant's occupancy 2nd floor to 4,575 rentable square feet by the addition of the Temporary Space, and during the Temporary Space Term (as defined below), the Original Premises and the Temporary Space, collectively, shall hereinafter be referred to as the "Entire Original Premises."
B. The Term for the Temporary Space (the "Temporary Space Term") shall commence on the Temporary Space Effective Date and end on the Substitution Effective Date (as defined below), unless sooner terminated pursuant to the terms of the Lease as amended hereby (the "Temporary Space Termination Date"). The Temporary Space is subject to all of the terms and conditions of this the Lease to the extent appropriate, except that (i) Annual Fixed Rent for Tenant shall occupy the Temporary Space during the Temporary Space Term at no charge to Tenant arid except that Tenant shall not be payable at the annual rate equal entitled to receive any allowances, abatements or other financial concessions granted with respect to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Original Premises.
C. Tenant shall not be obligated to pay Tenant's payments on account Share of Landlord's Operating Expenses under Section 2.6 above Costs and Landlord's Tax Expenses under Section 2.7 Taxes with respect to the Temporary Space; provided, however, the foregoing shall not affect Tenant's obligation to pay Tenant's Share of Operating Costs and Taxes with respect to the Original Premises as provided in the Lease, as amended hereby.
D. Tenant has Inspected the Temporary Space and agrees to accept the same "Rentable Floor Area as is" without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements. Tenant shall vacate the Premises" shall be deemed Temporary Space on or prior to be the rentable floor area Temporary Space Termination Date and deliver up the Temporary Space to Landlord in as good condition as the Temporary Space was delivered to Tenant, ordinary wear and tear excepted.
E. If Tenant should holdover in the Temporary Space after expiration or earlier termination of the Temporary Space and (iii) Term, any remedies available to Landlord as a consequence of such holdover contained in the Lease, as amended hereby, or otherwise shall be applicable, but only with respect to the Temporary Space and shall not be delivered deemed applicable to the Original Premises unless and until Tenant holds over in its "as is" condition and no improvement allowance the Original Premises after expiration or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components earlier termination of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTerm.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide permit Tenant with temporary to occupy 13,432 rentable square feet of vacant space known as Suite 100 located on the ground floor of the Building located at 10180 Telesis Court within the Project (the "Temporary SpaceTEMPORARY SPACE") on either during the second floor period between the full execution and delivery of Building A or this Lease and five (5) business days following the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Commencement Date hereunder (the "TEMPORARY SPACE TERM"). Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that will accept the Temporary Space in its "then as-is" condition, and Landlord will have no obligation to improve the Temporary Space. Tenant shall have no obligation to pay any rental for the Temporary Space, but Tenant shall be obligated to pay for all utilities that may be provided to the Temporary Space (the allocation of the cost for such utilities will be made available and expiring on in the Commencement Date same manner as the allocation of this Leaseutilities for the Premises). Tenant's occupancy Except as provided above, Tenaxx'x xccupancy of the Temporary Space shall be subject to all of the terms and conditions of this Lease that could logically be construed as applying thereto as if the Temporary Space were the Premises, including, without limitation, Sections 17, 20 and 22. Landlord will have the right to show the extent appropriateTemporary Space to potential Tenants at any time during the Temporary Space Term. If Tenaxx xxxls to surrender possession of the Temporary Space with five (5) business days following the Commencement Date, then the provisions of Section 9 of this Lease shall apply to such failure and holdover, except that (i) Annual Fixed Monthly Basic Rent for the Temporary Space shall be payable at the annual rate equal to the product of One and 80/100 Dollars (x$1.80) $4.00 and (y) the per rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area square foot of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andper month.
Appears in 1 contract
Samples: Office Lease (Websidestory Inc)
Temporary Space. Upon reasonable prior notice from Between the date of this Lease and the date of --------------- substantial completion of the Tenant Improvements in the Premises, Tenant shall have the right to Landlordoccupy the entire tenth floor of the North Tower of the Building, Landlord agrees to provide Tenant with temporary which contains approximately 29,734 square feet of rentable area of space, and, when vacated by the existing occupant, a portion of the ninth floor of the North Tower of the Building containing approximately 9,788 square feet of rentable area of space (collectively the "Temporary Space") on either ). If Tenant occupies any of the second floor Temporary Space, all of Building A or the second floor agreements of Building B Tenant and covenants in this Lease, except the amount of a size the Base Rent and in a location the provisions of Exhibit C relating to be mutually agreed upon by Landlord Tenant Improvements, shall apply to Tenant and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy of occupied by Tenant (as though the Temporary Space shall were the Premises) and be subject to all of the terms in full force and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed effect. The Base Rent for the Temporary Space shall be payable at the annual rate equal to the product thirty- eight dollars ($38) per square foot of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) occupied by Tenant per year, payable monthly in advance in accordance with this Lease, beginning on the date on which Tenant occupies any of the Temporary Space and continuing thereafter until Tenant vacates the Temporary Space in its entirety. Landlord shall be delivered deliver the Temporary Space to Tenant, and Tenant shall accept the Temporary Space, in its "as is" condition and no improvement allowance or brokerage commission on the date of this Lease. Tenant shall vacate the Temporary Space within ten (10) business days after the date of substantial completion of the Tenant Improvements in the Premises. If Tenant fails to vacate the Temporary Space by such date, the Base Rent for the Temporary Space shall be payable with respect theretoincreased to seventy-six dollars ($76) per square foot of rentable area per year calculated on the basis of the Temporary Space not so vacated by Tenant. In addition, it is acknowledged and agreed that if Tenant shall elect to indemnity and defend Landlord and any tenant with whom Landlord signs a lease for any Temporary Space hereunder("new tenant") and hold Landlord and new tenant harmless from all claims, demands, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys' fees and disbursements, arising from or caused by any failure by Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy to vacate the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance its entirety within ten (10) business days after the date of substantial completion of the Base Building Work. EXECUTED as a sealed instrument Tenant Improvements in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andPremises.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant to LandlordCommencing on September 15, Landlord agrees to provide Tenant with temporary space 2017 and continuing through and including June 15, 2018 (the "“Temporary Space Term”), Tenant may occupy an additional 20,959 rentable square feet of space located in Suite 2380 of the Building (the “Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by ”). Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that shall deliver the Temporary Space be to Tenant with existing tenant furniture and wiring in place. Tenant hereby acknowledges and agrees to accept possession of the Temporary Space in its as-is condition and no agreement of Landlord to alter, remodel, decorate, or improve the Temporary Space, and no representation regarding the condition of the Temporary Space has been made available by or on behalf of Landlord to Tenant. As consideration for Tenant’s use of the Temporary Space, Tenant shall pay (i) the costs of installing any wiring and expiring on cabling and teledata equipment in the Commencement Date Temporary Space requested by Tenant, (ii) any additional set-up costs requested by Tenant associated with Tenant’s use of this Leasethe Temporary Space and (iii) all utilities associated with Tenant’s use of the Temporary Space to Landlord. Tenant's ’s occupancy of the Temporary Space shall be subject to all of the terms and conditions provisions of this Lease to the extent appropriateLease, including without limitation, the indemnity, insurance and surrender obligations of Tenant, except that (i) Annual Fixed Rent for as expressly provided in this Section 8. If, at the expiration of the Temporary Space Term, Tenant shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area remain in possession of the Temporary SpaceSpace (or any portion thereof) without any further written agreement or in circumstances where a tenancy would thereby be created by implication of law or otherwise, (ii) for the purposes a tenancy from year to year shall not be created by implication of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Spacelaw or otherwise, the "Rentable Floor Area of the Premises" but Tenant shall be deemed to be a monthly tenant only, at the rentable floor area holdover rate of Fifty Thousand and 00/100 Dollars ($50,000.00) per month of holdover, payable monthly in advance to Landlord, plus all Operating Cost Share Rent and Tax Share Rent as to the Temporary Space due for such period, and otherwise upon and subject to the same terms and conditions of the Lease, excluding any options, inducements or leasehold improvement allowances provided in the Lease, and nothing, including the acceptance of any Rent by Landlord shall be deemed to extend the Temporary Space Term. Further, in the event that Tenant remains in possession of the Temporary Space and (iiior any portion thereof) after the expiration of the Temporary Space shall Term, without Landlord’s written consent, then Tenant will be delivered to Tenant liable for consequential damages as a result of such holdover and will indemnify Landlord against all damages, costs, expenses, losses and liabilities (including without limitation all reasonable attorneys’ fees and costs) resulting from any delay in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Tenant’s surrendering the entire Temporary Space hereunder, Tenant shall be occupying such to Landlord in the condition required under the Lease upon the expiration of the Temporary Space while Landlord is proceeding with components of Term, including, without limitation, claims made by any succeeding tenants founded on such delay. Notwithstanding anything herein to the Base Building Work contrary, in Buildings A and B and accordingly the event that Tenant shall use and occupy holdover after the expiration of the Temporary Space in such as manner as Term and Landlord shall desire to minimize any unreasonable interference with Landlord's performance regain possession of the Base Building WorkTemporary Space promptly at said expiration of the Temporary Space Term, then Landlord, at its sole option, and not in lieu of any other remedies available to Landlord under the Lease or at law or in equity, may forthwith re-enter and take possession of the Temporary Space without process, or by any legal process in force, and TENANT HEREBY EXPRESSLY WAIVES ANY AND ALL NOTICES TO CURE OR VACATE OR TO QUIT THE TEMPORARY SPACE PROVIDED BY CURRENT OR FUTURE LAW (except for those notices specifically outlined in the Lease or not waiveable by law). EXECUTED as a sealed instrument Nothing in two or more counterparts each of which this paragraph shall be deemed construed as giving Tenant the right to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly holdover beyond expiration of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTemporary Space Term.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide lease to Tenant, and Tenant with temporary space agrees to lease from Landlord, on the terms set forth herein, 23,350 rentable square feet (the "“Temporary Space"”) located on either the second 11th floor of the Building as shown on Exhibit A or the second floor of Building B of a size attached hereto and in a location to be mutually agreed upon by Landlord incorporated herein. Tenant shall lease and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that occupy the Temporary Space be made available for a term commencing on or about August 15, 2002 and expiring on May 31, 2003 (the Commencement Date of this Lease. Tenant's occupancy of the “Temporary Space Term”) while Tenant constructs certain improvements to the Demised Premises for the Extension Term. Such lease shall be subject to on all of the terms and conditions of this Lease applicable to the extent appropriateDemised Premises in effect on the date hereof, except provided that (i) Annual Tenant shall not be obligated to make any payments of Yearly Fixed Rent or Additional Rent for Landlord’s taxes or operating expenses for the Temporary Space shall be payable at during the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area portion of the Temporary Space and Term ending on April 14, 2003 (iii) the Temporary Space but shall be delivered obligated to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect theretomake such payments for the period April 15, 2003 through May 31, 2003 at the rate of $29 per rentable square foot). In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunderHowever, Tenant shall be occupying responsible for paying the cost of all electricity consumed (and any separately reimbursable services, such as after-hours HVAC) in the Temporary Space while Landlord is proceeding with components of during the Base Building Work in Buildings A and B and accordingly that Temporary Space Term. Tenant shall use and occupy agrees to accept the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance its broom clean, “as-is” condition on the commencement of the Base Building WorkTemporary Space Term (free of the prior occupant and exclusive of any furniture or personal property of the prior occupant thereof), and Landlord shall not be required to perform any work in the Temporary Space or to provide any allowance for such space. EXECUTED as a sealed instrument Landlord shall not be liable to Tenant for any delay in two or more counterparts each delivery of which the Temporary Space to Tenant on the date set forth above, but the expiration date for the Temporary Space Term shall be deemed extended by one day for each day of such delay. Tenant shall vacate and surrender the Temporary Space to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston PropertiesLandlord on or before the end of the Temporary Space Term in the same condition as existed at the commencement of the Temporary Space Term, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary reasonable wear and tear and damage by fire or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278casualty excepted, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by otherwise in the parcel marked "Reserved condition required under the Lease for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to vacating the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds Demised Premises at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTerm.
Appears in 1 contract
Samples: Agreement of Lease (Pegasystems Inc)
Temporary Space. Upon reasonable prior notice Subject to Force Majeure events, the original Tenant executing this Lease (“Original Tenant”) shall have the right, commencing as of May 12, 2022 and continuing until that date which is thirty (30) days after the Substantial Completion Date (“Temporary Space Term”), to lease from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space consisting of the entirety of the fourth (4th) floor of the "Building and containing approximately 15,063 square feet (“Temporary Space"”), which Temporary Space is depicted on Exhibit G attached hereto; provided, however (i) on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that event shall the Temporary Space Term extend beyond December 15, 2022, and (ii) Tenant shall not be made available and expiring on obligated to pay Base Rent for the Temporary Space upon the occurrence of the Term Commencement Date of this LeaseDate. Tenant's occupancy ’s lease of the Temporary Space shall be subject to all of the terms terms, conditions and conditions of limitations set forth in this Lease regarding the Premises except as follows:
2.03.1 All obligations of Tenant contained in this Lease with respect to the extent appropriatePremises (including, without limitation, Tenant’s indemnification obligations and Tenant’s obligation to obtain and maintain insurance) shall be applicable with respect to the Temporary Space throughout the Temporary Space Term except that (i) Annual Fixed Base Rent for the Temporary Space shall be payable at the annual rate equal to the product of based on Fifty Dollars (x$50.00) $4.00 and (y) the per rentable floor area square foot of the Temporary SpaceSpace per year (i.e., an amount equal to Sixty‑Two Thousand Seven Hundred Sixty‑Two and 50/100 Dollars (ii$62,762.50) for the purposes of determining Tenant's payments per month based on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to 15,063 rentable square feet in the Temporary Space. Tenant shall pay for the costs of utilities and Additional Rent for the Temporary Space; provided, the "Rentable Floor Area of the Premises" however, that Tenant’s Share shall be deemed to be 11.18%;
2.03.2 Tenant agrees that Tenant shall accept the rentable floor area Temporary Space in its then “as‑is” condition, and that Landlord shall not be required to construct any improvements in, or contribute any improvement allowance for, the Temporary Space. Tenant further acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect the Temporary Space or its suitability for the conduct of Tenant’s business therein;
2.03.3 Throughout the Temporary Space Term, Tenant shall be entitled to utilize nine (9) unreserved parking passes, subject to all other terms and conditions of this Lease;
2.03.4 Tenant shall not be entitled to construct any Alterations in the Temporary Space. |US-DOCS\129492181.2||
2.03.5 Tenant shall use Tenant’s commercially reasonable efforts to cooperate with Landlord in connection with any work performed by Landlord in the Temporary Space; in no event shall Landlord’s performance of such work constitute a constructive eviction nor entitle Tenant to any abatement of Rent, provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s quiet use and enjoyment of the Temporary Space and (iii) during the Temporary Space Term and provided that Landlord shall be delivered responsible for and indemnify Tenant from any claims for personal injury and any damage to Tenant’s Property to the extent caused by Landlord’s gross negligence or willful misconduct while performing such work in the Temporary Space and not covered by insurance required to be maintained by Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if under this Lease; and
2.03.6 Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A vacate and B and accordingly that Tenant shall use and occupy surrender the Temporary Space in the same condition as received, reasonable wear and tear excepted, on or before that date which is thirty (30) days after the Substantial Completion Date (and in any event on or before December 15, 2022) and Tenant’s failure to do so shall constitute a holdover pursuant to Article 19 of this Lease. Tenant acknowledges and agrees that such as manner as Temporary Space is subject to minimize any unreasonable interference with Landlord's performance an expansion right provided by Landlord to an existing tenant of the Base Building Work. EXECUTED as a sealed instrument in two and that Tenant’s failure to surrender the Temporary Space on or more counterparts each before the date that is thirty (30) days after the Substantial Completion Date (or December 15, 2022, whichever is sooner) shall cause Landlord to suffer damages (including consequential damages and loss of which profits) and that Tenant shall be deemed liable to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved Landlord for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, all such damages to the place of beginning. For Title see Deed recorded with extent caused by Tenant’s holdover in the Middlesex South District Registry of Deeds in Book 12926Temporary Space later than thirty (30) days after the Substantial Completion Date (or after such December 15, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; and2022 outside date).
Appears in 1 contract
Samples: Lease Agreement (Icosavax, Inc.)
Temporary Space. Upon reasonable prior notice from The Temporary Space is Suite 300 on the 0xx Xxxxx xx Xxx Xxxxxxxxx Xxxxx, which is depicted on Exhibit A and is agreed to contain 8,237 rentable square feet. Commencing January 1, 2018, Tenant shall be allowed to Landlord, Landlord agrees to provide Tenant with temporary space (use the "Temporary Space", on the terms set forth in this Amendment.
(a) on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that shall use the Temporary Space be made available and expiring on the Commencement Date of this Leaseonly for general office purposes. Tenant's occupancy of the Temporary Space Such use shall be subject to upon all of the terms and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary SpaceLease that apply to use of the Premises.
(b) Tenant shall not be required to pay Basic Rent, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 or any security deposit with respect to the Temporary Space. Tenant shall pay, within ten (10) days of each request, the "Rentable Floor Area cost of the Premises" shall be deemed to be the rentable floor area of utilities used in the Temporary Space and the cost of routine janitorial service to the Temporary Space.
(iiic) Prior to entry into the Temporary Space and as a condition to use of the same, Tenant shall obtain all insurance required under the Lease (but with the same being applicable to the Temporary Space) and deliver proof of the same to Landlord.
(d) The Temporary Space is delivered “AS IS”. Tenant shall bring to the Temporary Space the furniture owned by Landlord (as conveyed by Tenant under the Lease by Xxxx of Sale) (the “Landlord’s Furniture”). Tenant may install cabling and work stations in the Temporary Space; Tenant shall not otherwise alter the Temporary Space. On or before the Expiration Date set forth below, Tenant, at its cost, shall remove its cabling, work stations and other property, shall remove and dispose of all of the Landlord’s Furniture, shall remove all of its property, and shall surrender the Temporary Space in the condition it was received.
(e) In the event of any casualty or condemnation affecting the Temporary Space, Landlord shall have the right to terminate Tenant’s right to use the same; Landlord has no obligation to restore the Temporary Space. No casualty, condemnation, or utility interruption that affects the Temporary Space shall be delivered have any effect on the leasing of the Premises under the Lease.
(f) No expansion, renewal, or early termination rights in the Lease apply to the Temporary Space.
(g) All obligations and liabilities of Tenant in its "as is" condition and no improvement allowance or brokerage commission related to the Premises shall be payable with respect thereto. In addition, it is acknowledged and agreed that if apply also to the Temporary Space.
(h) Tenant shall elect not sublease all or any part of the Temporary Space.
(i) Tenant shall have no right to lease any holdover in the Temporary Space hereunderbeyond the last day allowed by this Amendment. If Tenant does so, then Tenant shall pay, as additional rent, the sum of $41,185.00 per month, prorated daily; acceptance of this rent is not a waiver of this provision nor of any other right or remedy for such failure by Tenant. Further, Tenant shall be occupying such Temporary Space while defend and indemnify Landlord is proceeding with components of the Base Building Work in Buildings A for, from, against and B and accordingly that Tenant shall use and occupy regarding any claim or loss arising from Tenant’s failure to vacate the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andwhen required hereunder.
Appears in 1 contract
Samples: Lease (Redwood Trust Inc)
Temporary Space. Upon reasonable prior notice from Tenant to Landlord8.1 During the period beginning on the later of (i) November 15, Landlord agrees to provide Tenant with temporary space 2009, (ii) the "Temporary Space") on either the second floor full and final execution of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon this Amendment by Landlord and Tenant for a period Tenant, and (iii) delivery of time commencing no earlier than sixty certificates of insurance specifically covering the Temporary Space during the Temporary Space Term (60as defined below), and ending seven (7) days from after the date Suite 700 Expansion Effective Date (such period being referred to herein as the “Temporary Space Term”), Landlord shall allow Tenant to use approximately 3,115 rentable square feet described as Suite No. 300 and approximately 2,748 rentable square feet described as Suite No. 360, both located on the third floor of the Building, as shown on Exhibit C of this Amendment (collectively, the “Temporary Space”) for the Permitted Use. During the Temporary Space Term, the Temporary Space shall be deemed to be a part of the “Premises” for purposes of Article 10 (Indemnification) of the Original Lease. Such Temporary Space shall be accepted by Tenant in its “as-is” condition and configuration, it being agreed that Landlord shall be under no obligation to perform any work in the Temporary Space or to incur any costs in connection with Tenant’s move in, move out or occupancy of the Temporary Space, Tenant acknowledges that it shall be entitled to use and occupy the Temporary Space at its sole cost, expense and risk. Tenant shall not construct any improvements or make any alterations of any type to the Temporary Space without the prior written consent of Landlord. All costs in connection with making the Temporary Space ready for occupancy by Tenant shall be the sole responsibility of Tenant's notice requesting .
8.2 The Temporary Space shall be subject to all the terms and conditions of the Lease, as amended hereby, except as expressly modified herein and except that (i) Tenant shall not be entitled to receive any allowances, abatement or other financial concession in connection with the Temporary Space which was granted with respect to the Original Premises unless such concessions are expressly provided for herein with respect to the Temporary Space, (ii) the Temporary Space shall not be subject to any renewal or expansion rights of Tenant under the Lease, as amended hereby, (iii) Tenant shall not be required to pay Monthly Installment of Rent for the Temporary Space during the Temporary Space Term, and (iv) Tenant shall not be required to pay Tenant’s Proportionate Share of Expenses, Taxes and Insurance Costs for the Temporary Space during the Temporary Space Term.
8.3 Upon termination of the Temporary Space Term, Tenant shall vacate the Temporary Space and deliver the same to Landlord in the same condition that the Temporary Space was delivered to Tenant, ordinary wear and tear excepted. At the expiration or earlier termination of the Temporary Space Term, Tenant shall remove all debris created by Tenant or any Tenant Entities, all items of Tenant’s personalty, and any trade fixtures of Tenant from the Temporary Space. Tenant shall be made available fully liable for all damage Tenant or any Tenant Entities cause to the Temporary Space. Tenant shall have no right to hold over or otherwise occupy the Temporary Space at any time following the expiration or earlier termination of the Temporary Space Term, and expiring on in the Commencement Date event of this Leasesuch holdover, Landlord shall immediately be entitled to institute dispossessory proceedings to recover possession of the Temporary Space, without first providing notice thereof to Tenant. In the event of holding over by Tenant after expiration or termination of the Temporary Space Term without the written authorization of Landlord, Tenant shall pay, for such holding over, $3,450.00 for each week plus all damages that Landlord incurs as a result of the Tenant's ’s hold over. During any such holdover, Tenant’s occupancy of the Temporary Space shall be subject to all deemed that of the terms a tenant at sufferance, and conditions of this Lease to the extent appropriatein no event, except that (i) Annual Fixed Rent for either during the Temporary Space Term or during any holdover by Tenant, shall Tenant be payable at the annual rate equal determined to the product of (x) $4.00 and (y) the rentable floor area of be a tenant-at-will under applicable law. While Tenant is occupying the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above Landlord and Landlord's Tax Expenses under Section 2.7 with respect ’s authorized agents shall he entitled to enter the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed upon reasonable prior notice, to be the rentable floor area of display the Temporary Space to prospective tenants and (iii) for any other purposes set forth in the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect theretoLease. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying entitled to have an employee of Tenant accompany the person(s) entering the Temporary Space, provided Tenant makes such employee available at the time Landlord or such other party desires to enter the Temporary Space while Space. Notwithstanding the foregoing, except in emergency situations as determined by Landlord, Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy exercise reasonable efforts to perform any entry into the Temporary Space in such as a manner as that is reasonably designed to minimize any unreasonable interference with Landlord's performance the operation of Tenant’s business in the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTemporary Space.
Appears in 1 contract
Samples: Lease (Tripwire Inc)
Temporary Space. Upon reasonable prior notice from 5.01. During the period commencing on the date of this Lease and ending on the Commencement Date, Tenant shall have the one time right to deliver to Landlord, Landlord agrees written notice of Tenant’s desire to provide Tenant with lease temporary space in the Building (the "“Temporary Space") on either Space Notice”), which Temporary Space Notice shall specify the second floor approximate square footage of Building A or the second floor of Building B of a size temporary space that Tenant desires to lease and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date Tenant desires the term for the temporary space to commence. Within 10 days following Landlord’s receipt of Tenant's notice requesting that ’s Temporary Space Notice, Landlord shall advise Tenant as to whether any such temporary space is then available in the Building or will be available in the Building on or about the commencement date for the temporary space so requested by Tenant in the Temporary Space Notice (the “Temporary Space”). The availability of the Temporary Space shall be made determined by Landlord in its sole discretion taking into consideration the rights of other tenants or occupants in the Building. In the event Temporary Space is then available for lease by Tenant, the term for the Temporary Space (the “Temporary Space Term”) shall commence on the date that Landlord delivers possession of such Temporary Space to Tenant (such date sometimes being referred to in this Temporary Space provision as the “Temporary Space Commencement Date”) and expiring ending on the Commencement Date of this Lease (such date sometimes being referred to in this Temporary Space provision as the “Temporary Space Expiration Date”), unless the Lease or Tenant’s right to possession of the Premises thereunder terminates sooner, in which case the Temporary Space Expiration Date shall be such earlier termination date.
5.02. In the event Landlord determines that Temporary Space is available, then Tenant shall deliver a certificate of insurance required by the Lease to cover the Temporary Space during the Temporary Space Term. The Temporary Space shall be used for the Permitted Use. During the Temporary Space Term, the Temporary Space shall be deemed the “Premises” for purposes of Section 13 (Indemnity and Waiver of Claims) of this Lease. Such Temporary Space shall be accepted by Tenant in its “as-is” condition and configuration, it being agreed that Landlord shall be under no obligation to perform any work in the Temporary Space or to incur any costs in connection with Tenant's ’s move in, move out or occupancy of the Temporary Space. Tenant acknowledges that it shall be entitled to use and occupy the Temporary Space at its sole cost, expense and risk. Tenant shall not construct any improvements or make any alterations of any type to the Temporary Space without the prior written consent of Landlord, not to be unreasonably withheld, conditioned or delayed. All costs in connection with making the Temporary Space ready for occupancy by Tenant shall be the sole responsibility of Tenant.
5.03. In the event Landlord determines that Temporary Space is available, then the Temporary Space shall be subject to all of the terms and conditions of this the Lease to the extent appropriate, except as expressly modified herein and except that (i) Annual Fixed Rent for Tenant shall not be entitled to receive any allowances, abatement or other financial concession in connection with the Temporary Space shall be payable at the annual rate equal which was granted with respect to the product of (x) $4.00 and (y) the rentable floor area of Premises unless such concessions are expressly provided for herein with respect to the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space shall not be subject to any renewal or expansion rights of Tenant under the Lease, and (iii) Tenant shall not be required to pay Base Rent for the Temporary Space during the Temporary Space Term. However, Tenant shall be required to pay Tenant’s Pro Rata Share of Expenses and Taxes for the Temporary Space during the Temporary Space Term in accordance with the terms of Section 4 of this Lease. Tenant’s Pro Rata Share for the Temporary Space shall be delivered to Tenant a quotient (expressed as a percentage), derived by dividing the rentable square footage in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect theretothe Temporary Space by the total Rentable Square Footage of the Building.
5.04. In addition, it is acknowledged and agreed the event Landlord determines that if Tenant shall elect to lease any Temporary Space hereunderis available, then upon termination of the Temporary Space Term, Tenant shall be occupying such vacate the Temporary Space while and deliver the same to Landlord is proceeding with components in the same condition that the Temporary Space was delivered to Tenant, ordinary wear and tear excepted. At the expiration or earlier termination of the Base Building Work in Buildings A and B and accordingly that Temporary Space Term, Tenant shall use remove all debris, all items of Tenant’s personalty, and any trade fixtures of Tenant from the Temporary Space. Tenant shall be fully liable for all damage Tenant or Tenant’s agents, employees, contractors, or subcontractors cause to the Temporary Space.
5.05. In the event Landlord determines that Temporary Space is available, Tenant shall have no right to hold over or otherwise occupy the Temporary Space in such as manner as to minimize at any unreasonable interference with Landlord's performance time following the expiration or earlier termination of the Base Building WorkTemporary Space Term, and in the event of such holdover, Landlord shall immediately be entitled to institute dispossessory proceedings to recover possession of the Temporary Space, without first providing notice thereof to Tenant. EXECUTED In the event of holding over by Tenant after expiration or termination of the Temporary Space Term without the written authorization of Landlord, Tenant shall pay, for such holding over, an amount equal to $111.00 per annum per rentable square foot of the Temporary Space for each month or partial month of holdover, plus all consequential damages that Landlord incurs as a sealed instrument in two or more counterparts each result of which the Tenant’s hold over. During any such holdover, Tenant’s occupancy of the Temporary Space shall be deemed that of a tenant at sufferance, and in no event, either during the Temporary Space Term or during any holdover by Tenant, shall Tenant be determined to be an originala tenant-at-will under applicable law. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston PropertiesWhile Tenant is occupying the Temporary Space, Inc.Landlord or Landlord’s authorized agents shall be entitled to enter the Temporary Space, its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feetupon reasonable notice, to display the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according Temporary Space to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andprospective tenants.
Appears in 1 contract
Samples: Office Lease Agreement (Ironwood Pharmaceuticals Inc)
Temporary Space. Upon reasonable prior notice from 8.01 Landlord shall permit Tenant to Landlorduse Suite 875 located on the 8th floor of the building owned by an affiliate of Landlord located at Four Stamford Plaza, Landlord agrees to provide Tenant with temporary space 000 Xxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxxx containing approximately 8,718 rentable square feet (the "“Temporary Space"”) on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on hereof through the Commencement Date of this Leasefor the Premises. Tenant's occupancy of the Temporary Space shall be subject to all All of the terms and conditions of this Lease shall apply to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, except that: (iii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 Tenant shall not be entitled to receive any allowances or abatements with respect to the Temporary SpaceSpace except as expressly set forth in this Section 8.01, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iiiii) the Temporary Space shall be delivered accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and without any obligation of Landlord to perform any of Landlord’s Work in the Temporary Space, (iii) Tenant shall not be required to pay Base Rent or Tenant’s Pro Rata Share of Taxes and Expenses pursuant to Exhibit B for the Temporary Space, (iv) Tenant shall pay a “Temporary Space Electric and Cleaning Charge” of $5.00 per RSF of the Temporary Space on an annual basis ($43,590.00), payable in monthly installments of $3,632.50. The Temporary Space Electric and Cleaning Charge shall be pro-rated for the duration of the term of Tenant’s occupancy of the Temporary Space and shall be pro-rated for any partial month during Tenant’s occupancy of the Temporary Space. The Temporary Space Electric and Cleaning Charge shall be due and payable in advance on the first day of each calendar month without notice or demand. Landlord shall provide office furniture from its inventory of furniture in the Temporary Space for Tenant’s use for the duration of the term of Tenant’s occupancy of the Temporary Space at no additional cost to Tenant. All furniture provided by Landlord shall remain at the Temporary Space. Tenant shall be responsible for any damage to Landlord’s furniture, reasonable wear and tear excepted.
8.02 Effective as of the Commencement Date for the Premises, Tenant shall vacate and surrender the Temporary Space in accordance with the provisions of Section 25 of this Lease. If Tenant fails to vacate and surrender the Temporary Space by the Commencement Date for the Premises, as aforesaid, the provisions of Section 22 of this Lease shall apply to any such holdover by Tenant in the Temporary Space. This Exhibit is attached to and made a part of the Lease by and between ONE STAMFORD PLAZA OWNER LLC, a Delaware limited liability company (“Landlord”) and LOXO ONCOLOGY, INC., a Delaware corporation (“Tenant”) for space in the Building located at 000 Xxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxxx. The following rules and regulations shall apply, where applicable, to the Premises, the Building, the parking facilities (if any), the Property and the appurtenances. In the event of a conflict between the following rules and regulations and the Lease, the Lease shall control. Capitalized terms have the same meaning as defined in the Lease.
1. Sidewalks, doorways, vestibules, halls, stairways and other similar areas shall not be obstructed by Tenant or used by Tenant for any purpose other than ingress and egress to and from the Premises. No rubbish, litter, trash, or material shall be placed, emptied, or thrown in those areas. At no time shall Tenant permit Tenant’s employees to loiter in Common Areas or elsewhere about the Building or Property.
2. Plumbing fixtures and appliances shall be used only for the purposes for which designed and no sweepings, rubbish, rags or other unsuitable material shall be thrown or placed in the fixtures or appliances.
3. No signs, advertisements or notices shall be painted or affixed to windows, doors or other parts of the Building, except those of such color, size, style and in such places as are first approved in writing by Landlord. All tenant identification and suite numbers at the entrance to the Premises shall be installed by Landlord, at Tenant’s cost and expense, using the standard graphics for the Building. Except in connection with the hanging of lightweight pictures and wall decorations, no nails, hooks or screws shall be inserted into any part of the Premises or Building except by the Building maintenance personnel without Landlord’s prior approval, which approval shall not be unreasonably withheld.
4. Landlord may provide and maintain in the first floor (main lobby) of the Building an alphabetical directory board or other directory device listing tenants and no other directory shall be permitted unless previously consented to by Landlord in writing.
5. Tenant shall not place any lock(s) on any door in the Premises or Building without Landlord’s prior written consent, which consent shall not be unreasonably withheld, and Landlord shall have the right at all times to retain and use keys or other access codes or devices to all locks within and into the Premises. A reasonable number of keys to the locks on the entry doors in the Premises shall be furnished by Landlord to Tenant in its "as is" condition at Tenant’s cost and no improvement allowance or brokerage commission Tenant shall not make any duplicate keys. All keys shall be payable returned to Landlord at the expiration or early termination of the Lease.
6. All contractors, contractor’s representatives and installation technicians performing work in the Building shall be subject to Landlord’s prior approval, which approval shall not be unreasonably withheld, and shall be required to comply with respect theretoLandlord’s standard rules, regulations, policies and procedures, which may be revised from time to time.
7. In additionMovement in or out of the Building of furniture and office equipment, it is acknowledged and agreed that if or dispatch or receipt by Tenant of merchandise or materials requiring the use of elevators, stairways, lobby areas or loading dock areas, shall be restricted to hours reasonably designated by Landlord. Tenant shall elect obtain Landlord’s prior approval by providing a detailed listing of the activity, which approval shall not be unreasonably withheld. If approved by Landlord, the activity shall be under the supervision of Landlord and performed in the manner required by Landlord. Tenant shall assume all risk for damage to lease articles moved and injury to any Temporary Space hereunderpersons resulting from the activity. If equipment, property, or personnel of Landlord or of any other party is damaged or injured as a result of or in connection with the activity, Tenant shall be occupying such Temporary Space while solely liable for any resulting damage, loss or injury.
8. Landlord is proceeding with components shall have the right to approve the weight, size, or location of heavy equipment or articles in and about the Base Premises, which approval shall not be unreasonably withheld. Damage to the Building Work in Buildings A and B and accordingly that Tenant shall use and occupy by the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance installation, maintenance, operation, existence or removal of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which Tenant’s Property shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds repaired at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andTenant’s sole expense.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Commencing on the earlier to occur of (i) the date upon which Tenant first commences to Landlord, Landlord agrees to provide Tenant with temporary space (conduct business in the "Temporary Space", or (ii) on either the second floor of Building A or the second floor of Building B of March 15, 2021, Tenant shall have a size license to access and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that utilize the Temporary Space be made available continuing through and expiring on the date (“Temporary Space Term”) which is three (3) business days after the Commencement Date for the Premises has occurred (the “Temporary Space Expiration Date”). The Temporary Space means that certain space located in the South Building consisting of this Lease. approximately 3,436 rentable square feet, known as Suite S-310 (“Temporary Space”), as depicted on Exhibit A attached hereto, provided such license is conditioned upon the following conditions: (a) Tenant shall pay a license fee to Landlord in the amount of $16,664.60 per calendar month (prorated for any partial month) for each month during the Temporary Space Term, (b) Tenant's occupancy of ’s access to the Temporary Space shall be subject on an “as-is”, “with all faults” basis, without representation or warranty of any kind, express or implied; (c) in no event shall Landlord be obligated to all of construct improvements or perform any other work, repairs or maintenance whatsoever in the terms and conditions of this Lease Temporary Space; (d) in no event shall Landlord have any repair or other obligations, duties or liabilities whatsoever with respect to the extent appropriate, except that Temporary Spaces; (ie) Annual Fixed Rent for Landlord may access the Temporary Space from time to time with or without advance notice to Tenant; (f) Tenant may use the Temporary Space solely for general office use and no other purpose whatsoever; (g) Tenant shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area comply with all Applicable Laws in connection with its use of the Temporary Space; (h) Tenant or any of its employees, invitees, agents or contractors, shall not cause any damage to the Temporary Space and immediately report any damage to Landlord and be responsible to reimburse Landlord for Landlord’s out-of-pocket costs to repair and restore any areas to the building damaged by Tenant or any Tenant Party; (iii) Landlord shall not be responsible for any loss, including theft, damage or destruction to any personal property, equipment or materials stored by Tenant at the purposes Temporary Space or for any injury to Tenant or its agents, employees, contractors, subcontractors, subtenants, assigns, licensees or invitees; (j) Tenant has provided Landlord with evidence of determining Tenant's payments on account ’s satisfaction of Landlord's Operating Expenses its insurance requirements under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 the Original Lease with respect to the Temporary Space; (k) Tenant shall make no additions, improvements, installations or alterations of any kind to the "Rentable Floor Area Temporary Space, other than the installation of telecommunications equipment and cabling; (l) Tenant shall surrender the Temporary Space in the condition received, with all of Tenant’s personal property, fixtures and equipment (and telecommunications equipment and wiring) removed therefrom by no later than the Temporary Space Expiration Date, and shall immediately repair any damage to the Temporary Space occasioned by such removal or otherwise and restore any affected areas to the condition existing upon Tenant first accessing the Temporary Space; (m) Tenant shall have no right to assign or sublease its license to the Temporary Space without the express prior written consent of Landlord which may be withheld in Landlord’s sole and absolute discretion; (n) Tenant shall have no right to renew or extend the Temporary Space Expiration Date and (o) Tenant shall pay Landlord an amount equal to $24,996.90 for each month (prorated for any partial month) in which Tenant fails to surrender the Temporary Space to Landlord as required hereby, and shall compensate Landlord for all costs, losses, expenses and/or liabilities incurred by Landlord as a result of such holdover, including without limitation, losses due to the loss of a succeeding tenancy. Tenant’s license to use the Temporary Space is revocable immediately at any time upon Tenant’s breach of any of its obligations hereunder or upon the failure of any of the Premises" conditions set forth above. Tenant shall be deemed indemnify, defend, protect, and hold harmless Landlord, and its affiliates, agents, partners, members, employees, and officers from any and all loss, cost, damage, expense and liability (including without limitation court costs and reasonable attorneys’ fees) incurred in connection with or arising from any cause in, on or about the Temporary Space (including, but not limited to, a slip and fall), any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in, on or about the Temporary Space or the building in which the Temporary Space is located. Except as expressly set forth in this paragraph, all of the TCCs, limitations and restrictions contained in this Lease pertaining to be the rentable floor area of Premises and Tenant’s use thereof shall apply equally to the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall Tenant’s use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andthereof.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from Tenant to Landlord3.01 During the period beginning on the later of (i) April 1, Landlord agrees to provide Tenant with temporary space 2004 (ii) the "Temporary Space") on either the second floor full and final execution of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon this Lease by Landlord and Tenant for a period Tenant, (iii) delivery of time commencing no earlier than sixty all prepaid rental, if any, required under this Lease, and (60iv) days from the date delivery of Tenant's notice requesting that all initial certificates of insurance required by this Lease (which certificates of insurance shall specifically cover both the Temporary Space be made available during the Temporary Space Term, as hereinafter defined, and expiring the Premises), and ending on the Commencement Date of this Lease (such period being referred to herein as the "TEMPORARY SPACE TERM"), Landlord shall allow Tenant to occupy approximately 2,900 rentable square feet of space located on the 7th floor of the Building as shown on EXHIBIT F of this Lease (the "TEMPORARY SPACE") for the Permitted Use. During the Temporary Space Term, the Temporary Space shall be deemed the "Premises" for purposes of Section 13 (Indemnity and Waiver of Claims) of the Lease. Such Temporary Space shall be accepted by Tenant in its "as-is" condition and configuration, it being agreed that Landlord shall be under no obligation to perform any work in the Temporary Space or to incur any costs in connection with Tenant's move in, move out or occupancy of the Temporary Space. Tenant acknowledges that it shall be entitled to use and occupy the Temporary Space at its sole cost, expense and risk. Tenant shall not construct any improvements or make any alterations of any type to the Temporary Space without the prior written consent of Landlord. All costs in connection with making the Temporary Space ready for occupancy by Tenant shall be the sole responsibility of Tenant.
3.02 The Temporary Space shall be subject to all the terms and conditions of the Lease except as expressly modified herein, provided that Base Rent for the Temporary Space during the Temporary Space Term shall be $7,129.17 (based upon $29.50 per rentable square foot in the Temporary Space) each month during the Temporary Space Term, payable in accordance with the Lease, with the first installment due on the date the Temporary Space Term begins. If the Temporary Space Term commences on other than the first day of a calendar month or ends on other than the last day of a calendar month, then the monthly Base Rent payable for the Temporary Space for any such partial month shall be prorated to reflect the actual number of days of such partial month falling within the Temporary Space Term. Tenant shall not be required to pay Tenant's Pro Rata Share of Expenses and Taxes for the Temporary Space during the Temporary Space Term. Notwithstanding anything to the contrary contained in the Lease, Tenant shall not be entitled to receive any allowances, abatement or other financial concession in connection with the Temporary Space which was granted with respect to the Premises, and the Temporary Space shall not be subject to any renewal or expansion rights of Tenant under the Lease.
3.03 Upon termination of the Temporary Space Term, Tenant shall vacate the Temporary Space and deliver the same to Landlord in the same condition that the Temporary Space was delivered to Tenant, ordinary wear and tear excepted. At the expiration or earlier termination of the Temporary Space Term, Tenant shall remove all debris, all items of Tenant's personalty, and any trade fixtures of Tenant from the Temporary Space. Tenant shall be fully liable for all damage Tenant or Tenant's agents, employees, contractors, or subcontractors cause to the Temporary Space. Tenant shall have no right to hold over or otherwise occupy the Temporary Space at any time following the expiration or earlier termination of the Temporary Space Term, and in the event of such holdover, Landlord shall immediately be entitled to institute dispossessory proceedings to recover possession of the Temporary Space, without first providing notice thereof to Tenant. In the event of holding over by Tenant after expiration or termination of the Temporary Space Term without the written authorization of Landlord, Tenant shall pay, for such holding over, the monthly Base Rent due for the Temporary Space at the rate in effect immediately preceding the expiration of the Temporary Space Term for each month or partial month of holdover, plus all consequential damages that Landlord incurs as a result of the Tenant's holdover. During any such holdover, Tenant's occupancy of the Temporary Space shall be subject to all deemed that of the terms a tenant at sufferance, and conditions of this Lease to the extent appropriatein no event, except that (i) Annual Fixed Rent for either during the Temporary Space Term or during any holdover by Tenant, shall Tenant be payable at the annual rate equal determined to the product of (x) $4.00 and (y) the rentable floor area of be a tenant-at-will under applicable Law. While Tenant is occupying the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord or Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect authorized agents shall be entitled to enter the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed upon reasonable notice, to be the rentable floor area of display the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andprospective tenants.
Appears in 1 contract
Samples: Office Lease Agreement (Clean Diesel Technologies Inc)
Temporary Space. Upon reasonable prior notice from Tenant shall have the right to Landlord, Landlord agrees to provide Tenant with temporary space occupy temporarily the portion of the Building located on the twenty-ninth (29th) floor as shown on Exhibit B annexed hereto (hereinafter called the "Temporary Space"), which constitutes the Sublet Premises which Tenant is currently occupying pursuant to the Sub-Sublease Agreement, for the period (hereinafter called the "Temporary Space Period") commencing on either August 1, 2003 (herein called the second floor of Building A or "Temporary Space Commencement Date") and ending at 11:59 p.m. on October 31, 2003 (hereinafter called the second floor of Building B of a size "Temporary Space Surrender Date"), subject to the terms and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty conditions herein set forth.
(60a) days from the date of Tenant's notice requesting that the Temporary Space be made available use and expiring on the Commencement Date of this Lease. Tenant's occupancy of the Temporary Space shall be subject to all of the same terms and conditions as its use and occupancy of this Lease to the extent appropriate, Premises except that that:
(i) Annual Fixed Rent for Tenant acknowledges that it has been occupying the Temporary Space shall be payable at the annual rate equal pursuant to the product of (x) $4.00 Sub-Sublease Agreement and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect that it agrees to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of accept the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its present "as is" condition on the Temporary Space Commencement Date, without requiring any alterations, improvements, repairs or decorations to be made by Landlord or at Landlord's expense, and no improvement allowance Tenant agrees that it enters into this Agreement without any representations or brokerage commission warranties by Landlord, its employees, agents, representatives or servants or any other person as to the condition of the Temporary Space or the appurtenances thereof, or any improvements therein or thereon, or any other matters pertinent thereto.
(ii) There shall be payable no charge to Tenant for the use and occupancy of the Temporary Space during the Temporary Space Period, except that Tenant shall pay for all utilities and services provided to the Temporary Space during the Temporary Space Period in accordance with the provisions of the Lease. Tenant hereby agrees that time shall be of the essence with respect thereto. In addition, it is acknowledged to Tenant's obligation to vacate and agreed that if Tenant shall elect to lease any surrender possession of the Temporary Space hereunderon or prior to the Temporary Space Surrender Date.
(b) Upon the Temporary Space Surrender Date, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A surrender and B and accordingly that Tenant shall use and occupy vacate the Temporary Space and shall remove therefrom in such as manner as to minimize any unreasonable interference accordance with Landlord's performance the provisions of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston PropertiesLease, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded including without limitation Article 12 and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andSection 21.01
Appears in 1 contract
Samples: Lease Modification Agreement (Arch Capital Group LTD)
Temporary Space. Upon reasonable prior Provided that Tenant shall send written notice from Tenant to LandlordLandlord no later than April 1, Landlord agrees 2021 (time being of the essence with respect to provide Tenant with temporary space (the "Temporary Space"such date) on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy use of the Temporary Space pursuant to this Article 25, Landlord shall be subject to all of permit Tenant exclusive use and access, in accordance with the terms and conditions of this Lease Lease, to one (1) full floor in the Building (such floor to be determined by Landlord in its sole discretion; provided, however, that such floor shall be built space and comprise approximately 27,000 rentable square feet) (the “Temporary Space”), for the period commencing on June 1, 2021 (the “Temporary Space Commencement Date”) and ending on the date that is fourteen (14) days following the Commencement Date (the “Temporary Space Expiration Date”). Notwithstanding the foregoing, the Temporary Space Expiration Date shall be extended by one day for each day of Governmental Order Delay with respect to the extent appropriatePremises, except that if Tenant has a Skeleton Crew occupy the Premises pursuant to Section 1.09, then there shall be no extension of the Temporary Space Expiration Date. The Temporary Space shall be delivered in “as is” condition with Landlord endeavoring (at no cost to Landlord) to deliver the space (i) Annual Fixed Rent in a condition suitable for Tenant to operate its business, and (ii) with all existing furniture in place. There shall be no base rent for the Temporary Space for the period (the “Temporary Space Free Rent Period”) commencing on the Temporary Space Commencement Date through the date that is fourteen (14) days following the Commencement Date. If Tenant does not surrender the Temporary Space to Landlord by the Temporary Space Expiration Date in the condition required hereunder, the same shall be payable at the annual rate equal a holdover subject to the product applicable provisions of Section 11.03, provided, Tenant shall pay base rent of $60.00 per rentable square foot per annum for the Temporary Space (xin the same manner as Base Rent) $4.00 and (y) during such holdover. The Temporary Space Free Rent Period described in this Article 25 shall apply solely to payment of the rentable floor area of base rent for the Temporary Space, (ii) and shall not be applicable to any other charges, expenses or costs payable by Tenant under this Lease, including, without limitation, the Electricity Charge for the purposes Temporary Space in accordance with Article 7 (all of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 which shall be payable by Tenant with respect to the Temporary Space, the "Rentable Floor Area of the Premises" ). Tenant shall be deemed to be the rentable floor area of leave the Temporary Space in broom clean condition upon vacating the same and shall, subject to Section 15.05, be responsible for any and all damage to the Temporary Space (other than reasonable wear and tear and damage by casualty excepted), to the extent caused by (a) the negligence or willful misconduct of Tenant (including its employees, agents and invitees), or (b) due to the performance or existence of any Work in the Temporary Space performed by or on behalf of Tenant (provided that the foregoing shall not be construed as permitting Tenant to perform any Work in the Temporary Premises without Landlord prior approval, which such approval shall be granted or withheld in Landlord’s sole discretion). Tenant shall have no obligation to make any repairs to the Temporary Space except, subject to Section 15.05, to the extent caused by the items set forth in subclauses (a) or (b) of this Article 25. Notwithstanding anything contained in this Lease to the contrary, including, without limitation, Section 3.04 above, Landlord shall have no obligation to perform any maintenance, repairs or replacements with respect to the Temporary Space; provided, in the event that (i) any repair is required in or to the Temporary Space following the Temporary Space Commencement Date and prior to the Temporary Space Expiration Date in order for the Temporary Space to be deemed habitable for the occupancy by persons for customary office use, and (iiiii) such repair shall not be necessitated due to the items set forth in subclauses (a) or (b) of this Article 25, then, subject to Section 15.05, Article 12 and Article 13, following Tenant’s written notice to Landlord, Landlord shall either, at Landlord’s option, (1) make such repairs in and to the Temporary Space as reasonably necessary to the extent required for the Temporary Space to be deemed habitable for the occupancy by persons for customary office use, or (2) relocate Tenant, at Landlord’s cost, from the current Temporary Space (the “Old Temporary Space”) to other Temporary Space in the Office Unit (the “New Temporary Space”), in which event, (i) within ten (10) days following the date on which Landlord shall deliver possession of the New Temporary Space to Tenant, Tenant shall vacate and surrender the Old Temporary Space to Landlord in accordance with the terms of this Article 25, and (ii) all of the terms of this Article 25 shall apply with respect to the New Temporary Space on a going-forward basis. Tenant shall have no right to separately assign or sublease the Temporary Space. Landlord does not own the furniture in the Temporary Space; however, if possible, Landlord will attempt to secure, at no cost to Landlord, any of the furniture currently in the space for Tenant’s use, and Landlord will be responsible, at its cost, for the removal of such furniture after Tenant vacates the Temporary Space. Provided Tenant needs to move furniture into the Temporary Space in connection with Tenant’s initial move-in and occupancy thereof, for all or a portion of the space, Landlord shall provide Tenant free overtime freight elevator access in connection with the same (but otherwise subject to the terms of this Lease). Except as otherwise herein provided, Tenant’s and Landlord’s obligations hereunder with respect to the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278governed by, and together bound subject to, the terms and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town conditions of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andthis Lease.
Appears in 1 contract
Samples: Office Lease (Schrodinger, Inc.)
Temporary Space. Upon reasonable prior notice from Landlord grants a license to Tenant to Landlorduse certain space on the second floor of the Building, Landlord agrees to provide Tenant with temporary space consisting of approximately 1,029 rentable square feet (the "Temporary Space") ), as shown on either Exhibit E attached hereto, for Tenant to conduct business operations while Landlord performs the second floor of Building A or Work described in the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this LeaseWork Letter Agreement. Tenant's occupancy of the Temporary Space shall be subject to upon all of the same terms and conditions of provisions as are contained in this Lease with respect to the extent appropriatePremises, except that as follows:
(i1) Annual Fixed Tenant shall pay Base Rent for the Temporary Space in the amount of $1,444.89 per month. Furthermore, Tenant shall pay Adjustment Rent for the Temporary Space and Tenant's Proportionate Share therefore shall be 0.550%. Base Rent and Adjustment Rent for the Temporary Space shall be payable at in the annual rate equal manner set forth in Section 2. Tenant shall pay for all electricity and building services used in the Temporary Space;
(2) Tenant's right to occupy the Temporary Space shall commence on November 26, 2001 and, subject to clause (5) below, shall expire on the first to occur of (i) substantial completion of the Work, (ii) March 31, 2002 (unless the current tenant of the Temporary Space agrees, in its sole and absolute discretion, to allow an extension of the period of Tenant's occupancy), or (iii) the date that this Lease is terminated;
(3) Tenant shall accept the Temporary Space in its "as-is" physical condition, without any representation, credit or allowance from Landlord with respect to the product condition or improvement thereof, provided, however, at Tenant's option, Landlord, at Landlord's expense, shall construct two offices within the Temporary Space. If Landlord constructs such offices and the succeeding tenant of such space desires the demolition of the offices, Tenant shall reimburse Landlord for the reasonable costs of such demolition;
(x4) $4.00 It shall be a condition of Tenant's right to occupy the Temporary Space that this Lease is in full force and effect and Tenant is not in Default under this Lease at any time while Tenant is occupying the Temporary Space; and
(y5) The current tenant of the rentable floor area Temporary Space has the right to reclaim the Temporary Space effective as of the last day of any calendar month. If the current tenant reclaims the Temporary Space, Landlord shall have the right, upon not less than 20 days prior written notice to Tenant, to terminate Tenant's license of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect . Tenant agrees to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of vacate the Temporary Space on or before the effective termination date of the license. Furthermore, if Tenant still requires the use of temporary space, Landlord shall arrange for Tenant to have available for its use two rooms at one of the hotels in the Complex and (iii) Landlord shall reimburse Tenant, monthly, for any room charges for such rooms in excess of the amount Tenant would otherwise have paid to Landlord for the Temporary Space shall be delivered pursuant to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land clause (with the buildings thereon1) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andabove.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Temporary Space. Upon reasonable prior notice from A. Tenant currently occupies on a temporary basis Suite 401 (consisting of approximately 4,742 square feet of net rentable area located on the fourth floor of the Building) and Suite 404 (consisting of approximately 2,395 square feet of net rentable area located on the fourth floor of the Building) and desires to Landlordoccupy on a temporary basis Suite 605 (consisting of approximately 2,168 square feet of net rentable area located on the sixth floor of the Building) (collectively, Landlord agrees the “Temporary Space”). Tenant shall have the right to provide Tenant with continue to lease, on a temporary space basis, the Temporary Space on the terms and conditions contained herein. The term of such lease (the "“Temporary Space"Space Term”) shall be deemed to have commenced on either February 1, 2010 with respect to Suites 401 and 404 and on the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon date this Third Amendment is fully executed by Landlord and Tenant for a period of time commencing no earlier than sixty with respect to Suite 605 and shall continue until the date which is ten (6010) days from after the date Third Floor Effective Date (the “Temporary Space Expiration Date”) or the earlier termination of Tenant's notice requesting the Lease. Tenant agrees and acknowledges that it is currently in possession of Xxxxx 000 xxx Xxxxx 000 and agrees to accept the entire Temporary Space in its current “as is” condition, and Landlord shall have no obligation to make any repairs, improvements, additions or alterations to the Temporary Space.
B. Tenant shall use the Temporary Space solely for the Permitted Use under the Lease, and for no other purposes whatsoever. Subject to the foregoing limitation on use, during the Temporary Space Term, the Temporary Space will be made available deemed a portion of the “Premises” for all purposes under the Lease, including, without limitation, Tenant’s insurance and expiring on indemnity obligations under the Commencement Date of this Lease. Tenant's occupancy of ; provided, however, that no Base Monthly Rent or Common Operating Expenses with respect to the Temporary Space shall be subject to all of the terms due and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for payable during the Temporary Space Term. On or before the Temporary Space Expiration Date or the earlier termination of the Lease, Tenant shall vacate the Temporary Space and surrender the same to Landlord, broom clean and otherwise in the same condition in which Tenant took occupancy thereof, ordinary wear and tear excepted. Without limiting the generality of the foregoing, Landlord shall have the right to require that Tenant remove all data cabling and wiring installed by Tenant in the Temporary Space and all improvements and alterations constructed by Tenant in the Temporary Space (if any) on or prior to the Temporary Space Expiration Date or the earlier termination of the Lease, and repair any damage caused by such removal. In the event that Tenant fails to vacate the Temporary Space on or before the Temporary Space Expiration Date or the earlier termination of the Lease, Tenant shall be payable deemed a tenant at sufferance and Landlord shall have all rights and remedies under the annual rate equal Lease (including, without limitation, Section 19.4 of the Lease) and all rights and remedies under law or at equity, including the right to the product of (x) $4.00 and (y) the rentable floor area file suit under California law for possession of the Temporary Space, (ii) for the purposes and to recover damages incurred by Landlord as a result of determining such holding over by Tenant's payments on account of Landlord's Operating Expenses under . The 150% holdover amount set forth in Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area 19.4 of the Premises" Lease shall be deemed to be applied against an annual Base Monthly Rental rate of $26.50 per square foot of net rentable area. No holdover by Tenant or payment by Tenant after the rentable floor area expiration of the Temporary Space and (iii) Term or the earlier termination of the Lease shall be construed to extend the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance Term or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any prevent Landlord from immediate recovery of possession of the Temporary Space by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Temporary Space to a new tenant, or to perform improvements for a new tenant, as a result of Tenant’s holdover, such failure shall constitute a event of default hereunder, and Tenant shall be occupying such Temporary Space while liable to Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278for, and together bound shall protect Landlord from and described as follows: SOUTHWESTERLY indemnify and defend Landlord against, all losses and damages, including any claims made by Xxxxxx Road by three lines measuring respectively two hundred eighty-three any succeeding tenant resulting from such failure to vacate, and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by any consequential damages that Landlord suffers from the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andholdover.
Appears in 1 contract
Samples: Lease (Cyberdefender Corp)
Temporary Space. Upon reasonable prior (a) Notwithstanding anything to the contrary set forth in Paragraph 8 of the Second Modification, and provided that Tenant is not then in monetary or material non-monetary default beyond notice from and the expiration of any applicable cure periods, under any of the terms, provisions or conditions of the Lease (as modified hereby) on Tenant's part to be observed and performed, Landlord hereby agrees that Tenant may continue to occupy the Temporary Space until the "Extended Temporary Space Surrender Date" (as hereinafter defined), provided that Tenant shall pay to Landlord, Landlord agrees to provide Tenant with temporary space for the use and occupancy of the Temporary Space during the period beginning on December 1, 2003 through the Extended Temporary Space Surrender Date, the sum of FIFTY FOUR THOUSAND ONE HUNDRED TWENTY-THREE AND 00/100 ($54,123.00) DOLLARS per month (the "Temporary Space Rent"), plus all Additional Charges payable by Tenant under the Lease for the use and occupancy of the Temporary Space (such as utilities and services provided to the Temporary Space). For purposes hereof, the term "Extended Temporary Space Surrender Date" shall mean the earlier of (x) on either the second floor date which is ninety (90) days after the date Landlord delivers a fully-executed counterpart of Building A this Agreement to Tenant, or (y) thirty (30) days after the second floor date upon which Landlord gives Tenant a notice that Landlord has entered into a lease with a third party covering the Temporary Space, provided that in no event shall Tenant be required to surrender the Temporary Space prior to the date which is thirty (30) days after Tenant's receipt of Building B of a size the Substantial Completion Notice. However, nothing contained herein shall be deemed to preclude Tenant from surrendering the Temporary Space to Landlord at any time after the date hereof (and prior to the Extended Temporary Space Surrender Date), and in a location any such case, Tenant shall pay to Landlord all Temporary Space Rent, plus all Additional Charges, attributable to Tenant's use and occupancy of the Temporary Space for the period from December 1, 2003 through and including the date on which Tenant vacates the Temporary Space and surrenders such space to Landlord in the condition described in the next succeeding sentence. Upon the Extended Temporary Space Surrender Date (or such earlier date, as the case may be), Tenant shall surrender and vacate the Temporary Space and shall remove therefrom in accordance with the provisions of the Lease (including, without limitation, Article 12 and Section 21.01 thereof), and Tenant hereby agrees that time shall be of the essence with respect to Tenant's obligation to vacate and surrender possession of the Temporary Space on or prior to the Extended Temporary Space Surrender Date. In the event that Tenant has made an overpayment to Landlord of any Temporary Space Rent payable by Tenant with respect to Tenant's use and occupancy of the Temporary Space during the period from December 1, 2003 through the Extended Temporary Space Surrender Date (or such earlier date, as the case may be), Landlord shall permit Tenant to credit the amount of such overpayment against subsequent payments of Fixed Rent to be mutually agreed upon made by Tenant hereunder, and in the event of an underpayment by Tenant in the Temporary Space Rent payable with respect to the aforesaid period, Tenant shall immediately pay to Landlord, within ten (10) days of demand, any deficiency due and owing for Tenant's use and occupancy of the Temporary Space for the aforesaid period.
(b) In the event that Tenant shall not vacate the Temporary Space and surrender the same to Landlord in the condition required under the Lease on or prior to the Extended Temporary Space Surrender Date, then, without limiting Landlord's rights and remedies on account thereof, Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting hereby agree that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy of the Temporary Space shall be subject to under a month-to-month tenancy commencing on the day after the Extended Temporary Space Surrender Date, which tenancy shall be upon all of the terms and conditions of set forth in the Lease (as amended by this Lease to the extent appropriate, Agreement) except that (i) Annual Fixed Rent Tenant shall pay to Landlord, as Additional Charges under the Lease, on the first day of each month of such holdover period, as an agreed upon rent for the use and occupancy of the Temporary Space shall be payable at the annual rate (and not as a penalty of any sort), an amount equal to $108,246.00 per month (or $3,608.20 per diem), plus all Additional Charges payable by Tenant under the product of (x) $4.00 Lease for Tenant's use and (y) the rentable floor area occupancy of the Temporary Space, Space (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above such as utilities and Landlord's Tax Expenses under Section 2.7 with respect services provided to the Temporary Space, ). Tenant acknowledges and agrees that the "Rentable Floor Area provisions of the Premises" immediately preceding sentence shall not be deemed to be the rentable floor area create any right on Tenant's part to remain in occupancy of the Temporary Space after the Extended Temporary Space Surrender Date, and (iii) Landlord shall be entitled to commence and prosecute a holdover or summary eviction proceeding against Tenant to obtain possession of the Temporary Space shall be delivered pursuant to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components Article 34 of the Base Building Work in Buildings A Lease (including, without limitation, the provisions of Section 34.01(c) thereof), and B Tenant acknowledges and accordingly agrees that the acceptance of any rent paid by Tenant pursuant to this Paragraph 6 shall use not preclude Landlord from commencing and occupy prosecuting any such proceeding, nor shall the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall same be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels "agreement expressly providing otherwise" within the meaning of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eightySection 232-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly c of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly Real Property Law of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly State of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andNew York.
Appears in 1 contract
Samples: Lease Modification Agreement (Arch Capital Group LTD)
Temporary Space. Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space The Sublessor shall vacate the second floor (as per Exhibit "A") of the Premises by a date which is twenty-one (21) days following the date of mutual execution of this Sublease (the "Temporary SpaceSpace Date") ). Sublessee shall utilize such Temporary Space for Sublessee's business commencing on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty date which is ten (6010) days from after Sublessee's delivery to Sublessor of written notice of Sublessee's intention to occupy the Temporary Space (provided that, regardless of the date of Tenant's such notice requesting that or whether such notice is delivered, Sublessee shall be obligated to pay rent for the Temporary Space be made available commencing on a date which is no later than the Temporary Space Date) and expiring continuing until the Sublease term commences on December 1, 1999. Sublessee shall pay to Sublessor $8,000.00 upon the Commencement Date of this Lease. Tenant's occupancy execution hereof as base rent for such use of the Temporary Space shall be subject to all of the terms and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space first one-month period. Thereafter, Sublessee shall be payable at the annual rate equal pay to the product of (x) $4.00 and (y) the rentable floor area of the Temporary SpaceSublessor, (ii) in advance, base rent for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area use of the Temporary Space at the rate of $8,000 per month (prorated for any partial months) until the Sublease term commences on December 1, 1999. Sublessor shall also pay all parking, utilities and the triple net costs during the three (iii3) months of the Temporary Space term. If this Sublease is terminated pursuant to the terms of Paragraph 13 hereof, Sublessee shall thereupon vacate the Temporary Space. Except for the payment of rent, which shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission set forth above, Sublessee shall be payable comply with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any all other terms of this Sublease during the Temporary Space hereunderterm including, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of without limitation, the Base Building Work in Buildings A obligation to maintain insurance, indemnify Sublessor and B Master Lessor, and accordingly that Tenant shall use and occupy the obligation to surrender the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with condition required under the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andSublease.
Appears in 1 contract
Temporary Space. Upon reasonable prior notice from As an accommodation to Tenant during Landlord's construction of the Landlord’s Work in the Premises, Tenant shall have the exclusive right to Landlorduse temporarily, and Landlord will provide to Tenant on a temporary basis, Suite 1.100, consisting of approximately 3,515 square feet, and located on the first (1st) floor within the Building, as more particularly shown on the attached Exhibit B (the “Temporary Premises”). In addition, subject to availability as determined by Landlord in its sole discretion, Tenant may expand the Temporary Premises to other spaces in the Project, including (a) Suite 2.200, consisting of approximately 4,185 square feet, (b) Suite 3.105, consisting of approximately 4,395 square feet, and (c) Suite 3.350, consisting of approximately 2,053 rentable square feet (collectively, the “Additional Temp Space”. If Tenant elects to take any portion of the Additional Temp Space, Landlord agrees shall have the right to provide Tenant with temporary space terminate Tenant’s right to use the Additional Temp Space upon forty-five (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (6045) days from prior written notice to Tenant. The Temporary Premises shall be made available to Tenant promptly as of the date of Tenant's notice requesting that this Amendment, on an “AS IS, WHERE IS” basis, and Landlord shall have no obligation to refurbish or make any improvements or alterations of any nature in the Temporary Space be made available and expiring on the Commencement Date of this LeasePremises or provide any improvement allowance with respect thereto. Tenant's occupancy lease of the Temporary Space Premises shall be on and subject to all of the terms and conditions of this Lease to the extent appropriateLease, except that (ia) Annual Fixed Tenant shall not be obligated pay Base Rent for the Temporary Space or Tenant’s Pro Rata Share of Basic Costs or Taxes, provided Tenant shall be payable at responsible for paying the annual rate equal costs of any after-hours HVAC or other additional services pursuant to the product of (x) $4.00 and (y) the rentable floor area Section 6 of the Temporary Space, Lease; (iib) for Tenant shall have no right to renew or extend the purposes Lease Term of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 the Lease with respect to the Temporary Space, Premises; (c) Tenant shall not make any Leasehold Improvements to the "Rentable Floor Area Temporary Premises without the consent of Landlord; (d) furnishings and equipment may be installed in the Temporary Premises provided such items may be removed without injury or damage to the Temporary Premises" ; (e) Tenant shall be deemed to be the rentable floor area expressly prohibited from assigning or subleasing any or all of the Temporary Space Premises or any interest therein; (f) Tenant shall permit Landlord or its agents, at any time, with reasonable prior notice to Tenant or charge therefor to Landlord, to enter the Temporary Premises to exhibit the same to prospective tenants; and (iiig) the Temporary Space shall be delivered Tenant further agrees to Tenant cooperate with Landlord in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference connection with Landlord's performance exercise of Landlord's rights of entry under this section. Tenant, at its sole cost and expense, will be responsible for obtaining telephone, cable and other services as needed for the operation of the Base Building WorkTemporary Premises and for the removal of any improvements installed in connection therewith (including cabling). EXECUTED as a sealed instrument Tenant's rights in two this section to use the Temporary Premises shall terminate on, and Tenant shall vacate the Temporary Premises no later than December 31, 2018. Tenant's failure to surrender the Temporary Premises in accordance with the terms of the Lease on or more counterparts each of which before December 31, 2018 shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, subject to the place holdover provisions of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly Section 23 of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of Lease based on the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 annual Base Rent rate per square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with foot for the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; andPremises.
Appears in 1 contract