Common use of Tenant’s Right to Monument Signage Clause in Contracts

Tenant’s Right to Monument Signage. Subject to the terms of this Section 4, from and after the Commencement Date, Tenant shall have the right to have signage (“Tenant’s Monument Signage”) bearing Tenant’s Name (defined below) installed on the top left panel of the monument sign located on Technology Drive (the “Monument Sign”). As used herein, “Tenant Name” means, at any time, at Tenant’s discretion, (i) the name of Tenant set forth in the first paragraph of this Lease (“Tenant’s Existing Name”), or (ii) if Tenant’s name is not then Tenant’s Existing Name, then Tenant’s name, provided that such name is compatible with a first-class office building, as determined by Landlord in its reasonable discretion, and/or (iii) Tenant’s logo, provided that such logo is then being used by Tenant on a substantially nationwide basis and is compatible with a first-class office building, as determined by Landlord in its reasonable discretion. Notwithstanding any contrary provision hereof, (i) Tenant’s rights under this Section 4 shall be personal to the party named as Tenant in the first paragraph of this Lease (“Original Tenant”) and to any successor to Original Tenant’s interest in this Lease that acquires its interest in this Lease solely by means of one or more Permitted Transfers originating with Original Tenant, and may not be transferred to any other party; and (ii) if at any time the Minimum Occupancy Requirement (defined below) is not satisfied, then, at Landlord’s option (which shall not be deemed waived by the passage of time), Tenant shall no longer have any further rights under this Section 4, even if the Minimum Occupancy Requirement later becomes satisfied. For purposes hereof, the “Minimum Occupancy Requirement” shall be deemed satisfied if and only if not more than 25% the Premises has been subleased (other than to an Affiliate of Tenant) for more than 75% of the balance of the term of this Lease.

Tenant’s Right to Monument Signage. Subject to the terms of this Section 48, from and after the Commencement Date, Tenant shall have the right to have signage (“Tenant’s Monument Signage”) bearing Tenant’s Name (defined below) installed on the top left a panel of the monument sign located on Technology Drive Brand Boulevard (the “Monument Sign”), as shown on Exhibit F-5 attached to this Lease. As used herein, “Tenant Tenant’s Name” means, at any time, at TenantXxxxxx’s discretion, (i) the name of Tenant set forth in the first paragraph of this Lease (“Tenant’s Existing Name”), or (ii) if TenantXxxxxx’s name is not then TenantXxxxxx’s Existing Name, then TenantXxxxxx’s name, provided that such name is compatible with a first-class office building, as determined by Landlord in its reasonable discretion, and/or (iii) Tenant’s logo, provided that such logo is then being used by Tenant on a substantially nationwide basis and is compatible with a first-class office building, as determined by Landlord in its reasonable discretion. Notwithstanding any contrary provision hereof, (i) Tenant’s rights under this Section 4 8 shall be personal to the party named as Tenant in the first paragraph of this Lease (“Original Tenant”) and to any successor to Original Tenant’s interest in this Lease that acquires its interest in this Lease solely by means of one or more Permitted Transfers originating with Original Tenant, and may not be transferred to any other party; and (ii) if at any time a Signage Default (defined below) occurs or the Minimum Occupancy Requirement (defined below) is not satisfied, then, at Landlord’s option (which shall not be deemed waived by the passage of time), Tenant shall no longer have any further rights under this Section 48, even if such Signage Default is later cured and/or the Minimum Occupancy Requirement later becomes satisfied, as applicable. For purposes hereof, a “Signage Default” shall be deemed to occur if and only if (x) after a Default occurs, Landlord provides Tenant with notice that Tenant may lose its right to Tenant’s Monument Signage under this Section 8 if Tenant fails to cure such Default within five (5) business days after such notice, and (y) such Default is not cured within such 5-business-day period. For purposes hereof, the “Minimum Occupancy Requirement” shall be deemed satisfied if and only if not more than 25% a portion of the Premises containing at least 21,253 rentable square feet has not been subleased (other than to an Affiliate of Tenant) for more than 75% of the balance of the term of this Lease).

Tenant’s Right to Monument Signage. Subject to the terms of this Section 48, from and after during the Commencement Date, Term Tenant shall have the right to have signage (“Tenant’s Monument Signage”) bearing Tenant’s Name (defined below) installed on the top left panel Designated Panel (defined below) of the monument sign located on Technology Drive serving the Building (the “Monument Sign”). As used herein, “Tenant Tenant’s Name” means, at any time, at Tenant’s discretionname, provided that such name (i) is being used lawfully by Tenant and does not infringe any trade name, trade xxxx, copyright or similar right of Landlord or any other party, and (ii) is, in Landlord’s reasonable judgment, consistent with a first-class office building (Landlord hereby acknowledging that the name of Tenant set forth in the first paragraph of this Lease (“Tenant’s Existing Name”), or (ii) if Tenant’s name is not then Tenant’s Existing Name, then Tenant’s name, provided that such name is compatible with a first-class office building). As used, as determined by here, “Designated Panel” means the top right panel on the Monument Sign; provided, however, that if at any time the Premises do not include at least one (1) full floor of the Building, then Landlord in its reasonable discretionmay, and/or (iii) at any time thereafter and at Tenant’s logoexpense, provided that such logo is then being used by Tenant relocate the Designated Panel to any other panel on a substantially nationwide basis and is compatible with a first-class office buildingthe Monument Sign, as determined by Landlord in its reasonable discretioneven if the Premises are later expanded to include at least one (1) full floor of the Building. Notwithstanding any contrary provision hereof, (i) Tenant’s rights under this Section 4 8 shall be personal to the party named as Tenant in the first paragraph of this Lease (“Original Tenant”) and to any successor to Original Tenant’s interest in this Lease that acquires its interest in this Lease solely by means of one or more Permitted Transfers originating with Original Tenant, and may not be transferred to any other party; and (ii) if at any time the Minimum Occupancy Requirement (defined below) is not satisfied, then, at Landlord’s option (which shall not be deemed waived by the passage of time), Tenant shall no longer have any further rights under this Section 48, even if the Minimum Occupancy Requirement later becomes satisfied, as applicable. For purposes hereof, the “Minimum Occupancy Requirement” shall be deemed satisfied if and only if the Premises include (a) at least 11,673 rentable square feet (as determined in accordance with the BOMA Standard), and (b) this Lease has not been assigned more than 25% once, and the Premises has have not been subleased to more than one (1) other party, in each case other than pursuant to an Affiliate of Tenant) for more than 75% of the balance of the term of this Leasea Permitted Transfer.

Tenant’s Right to Monument Signage. Subject to the terms of this Section 48, from and after the Commencement Date, Tenant shall have the right to have signage (“Tenant’s Monument Signage”) bearing Tenant’s Name (defined below) installed on the top lower left panel of the monument sign located on Technology Drive facing Blazer Parkway (the “Monument Sign”). As used herein, “Tenant Name” means, at any time, at Tenant’s discretion, (i) the name of Tenant set forth in the first paragraph of this Lease (“Tenant’s Existing Name”), or (ii) if Tenant’s name is not then Tenant’s Existing Name, then Tenant’s name, provided that such name is compatible with a first-class office building, as determined by Landlord in its reasonable discretion, and/or (iii) Tenant’s logo, provided that such logo is then being used by Tenant on a substantially nationwide basis and is compatible with a first-class office building, as determined by Landlord in its reasonable discretion. Notwithstanding any contrary provision hereof, (i) Tenant’s rights under this Section 4 8 shall be personal to the party named as Tenant in the first paragraph of this Lease (“Original Tenant”) and to any successor to Original Tenant’s interest in this Lease that acquires its interest in this Lease solely by means of one or more Permitted Transfers originating with Original Tenant, and may not be transferred to any other party; and (ii) if at any time a Signage Default (defined below) occurs or the Minimum Occupancy Requirement (defined below) is not satisfied, then, at Landlord’s option (which shall not be deemed waived by the passage of time), Tenant shall no longer have any further rights under this Section 48, even if such Signage Default is later cured and/or the Minimum Occupancy Requirement later becomes satisfied, as applicable. For purposes hereof, a “Signage Default” shall be deemed to occur if and only if (x) after a Default occurs, Landlord provides Tenant with notice that Tenant may lose its right to Tenant’s Monument Signage under this Section 8 if Tenant fails to cure such Default within 30 days after such notice, and (y) such Default is not cured within such 30-day period. For purposes hereof, the “Minimum Occupancy Requirement” shall be deemed satisfied if and only if not more than 25% of the rentable square footage of the Premises has been subleased (other than pursuant to an Affiliate of Tenanta Permitted Transfer) for more than 75% of the balance of the term of this Lease.

Tenant’s Right to Monument Signage. Landlord, at Landlord’s cost, shall construct an additional monument sign for the Building in approximately the location shown on Exhibit B hereto (the “Monument Sign”) no later than June 30, 2011 (subject to Force Majeure), subject to all applicable Laws and receipt of zoning and regulatory approvals. Without Tenant’s prior approval, the Monument Sign shall not differ substantially in appearance from the depiction of the monument sign (without regard to the particular names and logos depicted thereon) shown on Exhibit C hereto. No more than two (2) tenants shall be permitted to have their signage located on the Monument Sign without the approval of Tenant. Subject to the terms of this Section 44.3, from and after Landlord’s completion of construction of the Commencement DateMonument Sign, Tenant shall have the right to have signage (“Tenant’s Monument Signage”) bearing Tenant’s Name (defined below) installed on the top left panel Monument Sign. In the event there is more than one tenant name on the Monument Sign, Tenant’s Name shall be in the position on the Monument Sign shown on Exhibit C and the name and logo of the monument sign located on Technology Drive (second tenant, if any, shall be the “Monument Sign”)same size. As used herein, “Tenant Name” means, at any time, at Tenant’s discretion, (i) the name of Tenant set forth in the first paragraph of this Lease Amendment (“Tenant’s Existing Name”), or (ii) if Tenant’s name is not then Tenant’s Existing Name, then Tenant’s name, provided that such name is compatible with a first-class office building, as determined by Landlord in its reasonable discretion, and/or (iii) Tenant’s logo, provided that such logo is then being used by Tenant on a substantially nationwide basis and is compatible with a first-class office buildingbuilding and that such logo, as determined by Landlord in its reasonable discretion. together with Tenant’s name, does not occupy more space on the Monument Sign than is shown for Tenant’s Name on Exhibit C. Notwithstanding any contrary provision hereof, (i) Tenant’s rights under this Section 4 4.3 shall be personal to the party named as Tenant in the first paragraph of this Lease Amendment (“Original Existing Tenant”) and to any successor to Original Existing Tenant’s interest in this the Lease that acquires its interest in this the Lease solely by means of one or more Permitted Transfers originating with Original Existing Tenant, and may not be transferred to any other party; and (ii) if at any time the Minimum Occupancy Requirement (defined below) is not satisfied, then, at Landlord’s option (which shall not be deemed waived by the passage of time), Tenant shall no longer have any further rights under this Section 4, even if the Minimum Occupancy Requirement later becomes satisfied. For purposes hereof, the “Minimum Occupancy Requirement” shall be deemed satisfied if and only if not more than 25% the Premises has been subleased (other than to an Affiliate of Tenant) for more than 75% of the balance of the term of this Lease.

Tenant’s Right to Monument Signage. Subject to the terms of this Section 45, from and after the Commencement Date, Tenant shall have the right to have signage (“Tenant’s Monument Signage”) bearing Tenant’s Name (defined below) installed on the top left panel a panel, selected by Landlord, of the monument sign located on Technology Drive at the northwesterly-most drive aisle to the Building (the “Monument Sign”). As used herein, “Tenant Name” means, at any time, at Tenant’s discretion, (i) the name of Tenant set forth in the first paragraph of this Lease (“Tenant’s Existing Name”), or (ii) if Tenant’s name is not then Tenant’s Existing Name, then Tenant’s name, provided that such name is compatible with a first-class office building, as determined by Landlord in its reasonable discretion, and/or (iii) Tenant’s logo, provided that such logo is then being used by Tenant on a substantially nationwide basis and is compatible with a first-class office building, as determined by Landlord in its reasonable discretion. Notwithstanding any contrary provision hereof, (i) Tenant’s rights under this Section 4 5 shall be personal to the party named as Tenant in the first paragraph of this Lease (“Original Tenant”) and to any successor to Original Tenant’s interest in this the Lease that acquires its interest in this the Lease solely by means of one or more Permitted Transfers originating with Original Tenant, and may not be transferred to any other party; and (ii) if at any time a Signage Default (defined below) occurs or the Minimum Occupancy Requirement (defined below) is not satisfied, then, at Landlord’s option (which shall not be deemed waived by the passage of time), Tenant shall no longer have any further rights under this Section 45, even if such Signage Default is later cured and/or the Minimum Occupancy Requirement later becomes satisfied, as applicable. For purposes hereof, a “Signage Default” shall be deemed to occur if and only if (x) after a Default occurs, Landlord provides Tenant with notice that Tenant may lose its right to Tenant’s Monument Signage under this Section 5 if Tenant fails to cure such Default within five (5) business days after such notice, and (y) such Default is not cured within such 5-business-day period. For purposes hereof, the “Minimum Occupancy Requirement” shall be deemed satisfied if and only if not more than 25% a portion of the Premises containing at least 8,000 rentable square feet has not been subleased (other than to an Affiliate of Tenant) subleased, in whole or in part, for more than 75% of the balance of the term of this the Lease.

Tenant’s Right to Monument Signage. Subject to the terms of this Section 47, from and after the Commencement Date, Tenant shall have the right to have signage (“Tenant’s Monument Signage”) bearing Tenant’s Name (defined below) installed on the top left a panel of the monument sign located on Technology Drive in front of the southeast side of the Building (the “Monument Sign”). As used herein, “Tenant Tenant’s Name” means, at any time, at Tenant’s discretion, (i) the name of Tenant set forth in the first paragraph of this Lease (“Tenant’s Existing Name”), or (ii) if Tenant’s name is not then Tenant’s Existing Name, then Tenant’s name, provided that such name is compatible with a first-class office building, as determined by Landlord in its reasonable discretion, and/or (iii) Tenant’s logo, provided that such logo is then being used by Tenant on a substantially nationwide basis and is compatible with a first-class office building, as determined by Landlord in its reasonable discretion. Notwithstanding any contrary provision hereof, (i) Tenant’s rights under this Section 4 7 shall be personal to the party named as Original Tenant in the first paragraph of this Lease (“Original Tenant”) and to any successor to Original Tenant’s interest in this Lease that acquires its interest in this Lease solely by means of one or more Permitted Transfers originating with Original Tenant, and may not be transferred to any other party; and (ii) if at any time a Signage Default (defined below) occurs or the Minimum Occupancy Requirement (defined below) is not satisfied, then, at Landlord’s option (which shall not be deemed waived by the passage of time), Tenant shall no longer have any further rights under this Section 47, even if such Signage Default is later cured and/or the Minimum Occupancy Requirement later becomes satisfied, as applicable. For purposes hereofof this Section 7, a “Signage Default” shall be deemed to occur if and only if (x) after a Default occurs, Landlord provides Tenant with notice that Tenant may lose its right to Tenant’s Monument Signage under this Section 7 if Tenant fails to cure such Default within 10 business days after such notice, and (y) such Default is not cured within such 10-business-day period. For purposes of this Section 7, the “Minimum Occupancy Requirement” shall be deemed satisfied if and only if not more than 25% a portion of the Premises containing at least 19,000 rentable square feet has not been subleased (other than to an Affiliate of Tenant) ), in whole or in part, for more than 75% of the balance of the term of this the Lease.