Tenant’s Signs. Except as expressly provided in this Article 32, without Landlord’s prior consent, which Landlord may withhold in its sole discretion, Tenant shall not place on the Premises or on the Building any exterior signs nor any interior signs that are visible from the exterior of the Premises or Building. Tenant shall pay all costs and expenses relating to any such sign approved by Landlord, including without limitation, the cost of the installation and maintenance of the sign. On the date of expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, shall remove all signs and repair any damage caused by such removal. Notwithstanding the foregoing, if the lobby signage rights of Scient Corporation (“Scient”) are relinquished pursuant to the terms of that certain lease between Scient Corporation and Landlord with respect to the 5th and 6th Floors of the Building (the “Scient Premises”), then, subject to obtaining Landlord’s prior written consent as to size, design and location, which consent shall not be unreasonably withhold, Tenant shall have the right to install signage in the lobby of the Building for the remainder of the Term of this Lease so long as such signage shall not be more than 80% as large as the Del Monte signage. Landlord and Tenant agree that the Scient Lease contains the following provision, which shall not be amended by Landlord without obtaining Tenant’s prior written consent, which shall not be unreasonably withheld: “If Tenant [Scient] at any time pursuant to the terms of this Article 17 [of the Scient Lease] either (a) subleases less than the entire Premises [Scient Premises] or (ii) subleases all of the Premises [Scient Premises] to a subtenant, other than Epicentric, whose “creditworthiness” is less than that of Epicentric, such subletting shall result in Tenant’s [Scient’s] relinquishment for the balance of the Term of any rights to signage in the ground floor lobby of the Building as provided in Article 32 [of the Scient Lease]. For purposes of determining “creditworthiness” under this Section 17.10 [of the Scient Lease], the company with the greater net worth shall be considered the more creditworthy company. Net worth shall be determined according to the following formula: assets minus current and long term liabilities equals net worth, as determined according to generally accepted accounting principles.”
Appears in 2 contracts
Samples: Sublease Agreement (Salesforce Com Inc), Sublease Agreement (Salesforce Com Inc)
Tenant’s Signs. Except as expressly provided in this Article 32Subject to the approval of all applicable governmental entities, without Landlord’s prior consent, which Landlord may withhold in its sole discretionand subject to all applicable governmental laws, rules, regulations and codes, Tenant shall not place have the exclusive right to have Tenant's name and logo (but no other markings) displayed on the Premises or on existing monument sign for the Building any exterior signs nor any interior signs that are visible from (the exterior of the Premises or Building"Signage Monument"). Tenant shall pay be responsible, at Tenant's sole cost, for all costs attributable to the insurance, lighting (if applicable), maintenance and expenses relating repair of the Signage Monument. The signage rights granted to Tenant under this Section 24.8 are personal to the Tenant named herein and any Permitted Transferee, and may not be otherwise assigned or exercised by or to, or used by, any person or entity other than the Tenant named herein (and any Permitted Transferee). Upon termination or expiration of this Lease, or upon the earlier termination of Tenant's signage rights under this Section 24.8, Landlord shall have the right to permanently remove Tenant's name from the Signage Monument and to restore and repair all damage to the Signage Monument resulting from such sign approved by removal, and Tenant shall pay to Landlord, including without limitationwithin ten (10) days after demand, all costs incurred in connection with such removal, restoration and repair. The location, quality, design, style, lighting and size of such signs shall be subject to Landlord's prior written approval, in its reasonable discretion. Upon the cost of the installation and maintenance of the sign. On the date of expiration or earlier termination of this Lease, TenantTenant shall be responsible, at its sole cost and expense, shall remove for the removal of such signage and the repair of all signs and repair any damage to the Building caused by such removal. Notwithstanding Except as set forth in Section 24.8.1 below, Tenant may not install any signs on the foregoingexterior or roof of the Building, the Other Existing Building or the Common Areas. Any signs, window coverings, or blinds (even if the lobby signage rights of Scient Corporation (“Scient”) same are relinquished pursuant to located behind the terms of that certain lease between Scient Corporation and Landlord with respect to approved window coverings for the 5th and 6th Floors Building), or other items visible from the exterior of the Building (the “Scient Premises”), then, are subject to obtaining the prior approval of Landlord’s prior written consent as to size, design and location, which consent shall not be unreasonably withhold, Tenant shall have the right to install signage in the lobby of the Building for the remainder of the Term of this Lease so long as such signage shall not be more than 80% as large as the Del Monte signage. Landlord and Tenant agree that the Scient Lease contains the following provision, which shall not be amended by Landlord without obtaining Tenant’s prior written consent, which shall not be unreasonably withheld: “If Tenant [Scient] at any time pursuant to the terms of this Article 17 [of the Scient Lease] either (a) subleases less than the entire Premises [Scient Premises] or (ii) subleases all of the Premises [Scient Premises] to a subtenant, other than Epicentric, whose “creditworthiness” is less than that of Epicentric, such subletting shall result in Tenant’s [Scient’s] relinquishment for the balance of the Term of any rights to signage in the ground floor lobby of the Building as provided in Article 32 [of the Scient Lease]. For purposes of determining “creditworthiness” under this Section 17.10 [of the Scient Lease], the company with the greater net worth shall be considered the more creditworthy company. Net worth shall be determined according to the following formula: assets minus current and long term liabilities equals net worth, as determined according to generally accepted accounting principlesits reasonable discretion.”
Appears in 1 contract
Tenant’s Signs. Except Subject to Landlord's approval and approval of the AmberGlen Architectural Control Committee, Tenant shall be allowed to install one building sign, either on the 2430 Building or the 1875 Building (but not both), that complies with (a) the AmberGlen sign guidelines published by the Landlord from time to time; (b) all governmental sign regulations and restrictions in effect throughout the Lease Term; and (c) the AmberGlen Protective Covenants, a summary of which is attached as expressly Exhibit "D" and an entire copy of which was provided to Tenant prior to execution of this Lease. The cost of installation of such sign shall be paid out of the Landlord-supplied Tenant Improvement allowance provided for in Exhibit be paid out of the Landlord-supplied Tenant Improvement Allowance provided for in Exhibit "C" to this Article 32, Lease. Tenant shall not install or keep any other signs on or about the Premises without the prior written consent of Landlord’s prior consent, which Landlord may withhold in its sole discretion, Tenant shall not place on the Premises discretion may give or on the Building any exterior signs nor any interior signs that are visible from the exterior of the Premises or Buildingwithhold. Tenant shall pay all costs of signs and all costs and expenses relating of installation of such other signs. If there is any sign on or about the Premises or Building without the consent of Landlord, Landlord shall be free to remove any such sign approved by Landlord, including without limitation, signs and Tenant shall pay Landlord the cost of removal together with interest as set forth in Section 25.16 from date of expenditure until cost of removal together with interest as forth in Section 25.16 from date of expenditure until payment is made in full. Tenant shall pay promptly after Landlord invoices Tenant for such costs. If Landlord consents to such signs, Tenant shall repair any damage which alteration or renovation of its signs may cause during or at the installation and maintenance expiration of the signTerm. On Tenant at its expense shall remove all of its signs from the date of expiration or earlier Premises at the termination of this Lease, Tenant, at its sole cost and expense, shall remove all signs and repair any damage caused by such removal. Notwithstanding the foregoing, if the lobby signage rights of Scient Corporation (“Scient”) are relinquished pursuant to the terms of that certain lease between Scient Corporation Premises, and Landlord with respect to restore the 5th and 6th Floors face of the Building (the “Scient Premises”), then, subject to obtaining Landlord’s prior written consent its original condition as to size, design and location, which consent shall not be unreasonably withhold, Tenant shall have the right to install signage in the lobby of the Building for the remainder Commencement Date, exclusive of the Term of this Lease so long as such signage shall not be more than 80% as large as the Del Monte signage. Landlord normal wear and Tenant agree that the Scient Lease contains the following provision, which shall not be amended by Landlord without obtaining Tenant’s prior written consent, which shall not be unreasonably withheld: “If Tenant [Scient] at any time pursuant to the terms of this Article 17 [of the Scient Lease] either (a) subleases less than the entire Premises [Scient Premises] or (ii) subleases all of the Premises [Scient Premises] to a subtenant, other than Epicentric, whose “creditworthiness” is less than that of Epicentric, such subletting shall result in Tenant’s [Scient’s] relinquishment for the balance of the Term of any rights to signage in the ground floor lobby of the Building as provided in Article 32 [of the Scient Lease]. For purposes of determining “creditworthiness” under this Section 17.10 [of the Scient Lease], the company with the greater net worth shall be considered the more creditworthy company. Net worth shall be determined according to the following formula: assets minus current and long term liabilities equals net worth, as determined according to generally accepted accounting principlestear.”
Appears in 1 contract
Samples: Cascade Microtech Inc
Tenant’s Signs. Except as expressly provided in this Article 32, without Landlord’s prior consent, which Landlord may withhold in its sole discretion, Tenant shall not place on the Premises or on the Building any exterior signs nor any interior signs that are visible from the exterior of the Premises or Building. Tenant shall pay all costs and expenses relating to any such sign approved by Landlord, including without limitation, the cost of the installation and maintenance of the sign. On the date of expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, shall remove all signs and repair any damage caused by such removal. Notwithstanding the foregoing, if the lobby signage rights of Scient Corporation (“Scient”A) are relinquished pursuant Subject to the terms of that certain lease between Scient Corporation and Landlord with respect to the 5th and 6th Floors of the Building (the “Scient Premises”), then, subject to obtaining Landlord’s prior written consent as to size, design and location, which consent shall not be unreasonably withholdthis Section 4.4, Tenant shall have the right to install signage in erect and maintain two (2) exterior signs, one (1) affixed to the lobby northern side of the Building for the remainder canopy which constitutes a portion of the Term Storefront and one (1) affixed to the southern side of this Lease so the canopy which constitutes a portion of the Storefront, which signs identify Tenant as an occupant of the Premises (and for no other purpose) at the locations described in, and in accordance with the specifications described in, Exhibit “4.4(A)” attached hereto and made a part hereof (any such signs erected by Tenant being collectively referred to herein as “Tenant’s Sign”), and which signs shall be subject to Landlord’s approval. During the Term, Tenant shall have the right to modify or replace Tenant’s Sign without Landlord’s consent as long as the proposed modification or replacement of Tenant’s Sign is (i) substantially the same size and dimensions and attaches to the Building in substantially the same manner as Tenant’s Sign (provided same shall have been previously approved by Landlord) and is consistent with the requirements of Exhibit “4.4” attached hereto, (ii) composed of substantially similar or higher quality materials and mechanical components as Tenant’s Sign (provided same shall have been previously approved by Landlord) and (iii) comprised of a design which is consistent with the Tenant’s standard stores then operating throughout Manhattan. Notwithstanding anything to the contrary contained herein, if a proposed modification or replacement of Tenant’s Sign does not meet the criteria set forth in subsections (i), (ii) or (iii) above, such signage modification or replacement shall not be more than 80% as large as the Del Monte signage. Landlord and Tenant agree that the Scient Lease contains the following provisionsubject to Landlord’s prior approval, which shall not be amended by Landlord without obtaining Tenant’s prior written consent, which approval shall not be unreasonably withheld: “If withheld or delayed. Tenant’s installation of Tenant’s Sign shall be deemed an Alteration and shall be performed at Tenant’s cost in accordance with the provisions set forth in Article 8 hereof. Provided that as long as Initial Tenant [Scient] at any time pursuant shall be Tenant hereunder, Landlord agrees not to the terms of this Article 17 [withhold its approval of the Scient Lease] either (a) subleases less than the entire Premises [Scient Premises] or (ii) subleases all design of the Premises [Scient Premises] to a subtenant, other than Epicentric, whose “creditworthiness” any sign which is less than that of Epicentric, such subletting shall result used by Tenant in Tenant’s [Scient’s] relinquishment for the balance other stores substantially similar to any of the Term of signs shown on Exhibit “4.4(A)”. Tenant, at Tenant’s expense, shall maintain and repair any rights Tenant’s Sign that Tenant erects pursuant to signage this Section 4.4 in accordance with customary standards for first-class buildings in the ground floor lobby vicinity of the Building as provided and in Article 32 [compliance with all applicable Requirements. Tenant, at Tenant’s expense, shall remove Tenant’s Sign promptly upon the Expiration Date and shall repair any damage caused by the installation of the Scient Lease]. For purposes of determining “creditworthiness” under this Section 17.10 [of the Scient Lease], the company with the greater net worth shall be considered the more creditworthy company. Net worth shall be determined according to the following formula: assets minus current and long term liabilities equals net worth, as determined according to generally accepted accounting principlesTenant’s Sign or such removal.”
Appears in 1 contract
Samples: Loan Agreement (Alexanders Inc)
Tenant’s Signs. Except Tenant shall be entitled to (i) one (1) identification sign on or near the entry doors of the Premises, and (ii) for multi-tenant floors, one (1) identification or directional sign, as expressly provided designated by Landlord, in the elevator lobby on the floor on which the Premises are located. Landlord shall pay for the cost of the initial installation of such permitted signage, and Tenant shall pay for the cost of any changes thereto. Tenant acknowledges and agrees that there currently are no available spaces on the existing monument sign for the Building. If, during the Lease Term, space becomes available on such monument sign (as determined by Landlord), then Tenant shall have the right to install, at Tenant’s sole cost, a sign panel on such monument sign. Tenant’s right to any monument signage shall be subject and subordinate to monument signage rights currently set forth in any lease which has been executed as of the date of execution of this Article 32Lease (as such leases may be modified, without amended or extended) and the rights of any tenant of the Project that leases more rentable square feet at the Project than Tenant. Such signs shall be installed by a signage contractor designated by Landlord. The location, quality, design, style, lighting and size of such signs shall be consistent with the Landlord’s Building standard signage program and shall be subject to Landlord’s prior consentwritten approval, which Landlord may withhold in its sole reasonable discretion. Upon the expiration or earlier termination of this Lease, Tenant shall be responsible, at its sole cost and expense, for the removal of such signage and the repair of all damage to the Building caused by such removal. Tenant may not place install any signs on the Premises exterior or on roof of the Building any exterior signs nor any interior signs that or the Common Areas. Any signs, window coverings, or blinds (even if the same are located behind the Landlord approved window coverings for the Building), or other items visible from the exterior of the Premises or Building. Tenant shall pay all costs and expenses relating Building are subject to any such sign approved by the prior approval of Landlord, including without limitation, the cost of the installation and maintenance of the sign. On the date of expiration or earlier termination of this Lease, Tenant, at in its sole cost and expense, shall remove all signs and repair any damage caused by such removal. Notwithstanding the foregoing, if the lobby signage rights of Scient Corporation (“Scient”) are relinquished pursuant to the terms of that certain lease between Scient Corporation and Landlord with respect to the 5th and 6th Floors of the Building (the “Scient Premises”), then, subject to obtaining Landlord’s prior written consent as to size, design and location, which consent shall not be unreasonably withhold, Tenant shall have the right to install signage in the lobby of the Building for the remainder of the Term of this Lease so long as such signage shall not be more than 80% as large as the Del Monte signage. Landlord and Tenant agree that the Scient Lease contains the following provision, which shall not be amended by Landlord without obtaining Tenant’s prior written consent, which shall not be unreasonably withheld: “If Tenant [Scient] at any time pursuant to the terms of this Article 17 [of the Scient Lease] either (a) subleases less than the entire Premises [Scient Premises] or (ii) subleases all of the Premises [Scient Premises] to a subtenant, other than Epicentric, whose “creditworthiness” is less than that of Epicentric, such subletting shall result in Tenant’s [Scient’s] relinquishment for the balance of the Term of any rights to signage in the ground floor lobby of the Building as provided in Article 32 [of the Scient Lease]. For purposes of determining “creditworthiness” under this Section 17.10 [of the Scient Lease], the company with the greater net worth shall be considered the more creditworthy company. Net worth shall be determined according to the following formula: assets minus current and long term liabilities equals net worth, as determined according to generally accepted accounting principlesabsolute discretion.”
Appears in 1 contract
Samples: Office Lease (Serena Software Inc)
Tenant’s Signs. Except as expressly provided in this Article 32, without Landlord’s prior consent, which Landlord may withhold in its sole discretion, The Tenant shall not place on at any time cause or permit any sign, picture, advertisement, notice, lettering, flag, decoration or direction (hereinafter collectively called "Signs") to be painted, displayed, inscribed, placed, affixed or maintained within the Premises and visible outside the Premises or in or on the Building any exterior signs nor any interior signs that are visible from windows or the exterior of the Premises (including glass demising walls facing onto Common Areas), nor anywhere else on or in the Building, without the prior and continuous consent of the Landlord which consent may, with respect to proposed signage on the main floor of the Building, or which can be seen from outside the Premises, be arbitrarily withheld, but otherwise shall not be unreasonably withheld, provided that the copy and style of any Signs shall be consistent with the first-class nature of the Building and in accordance with the Landlord's sign criteria. No hand-written signs will be permitted. The Landlord may at any time prescribe a uniform pattern of identification signs for tenants to be placed on the outside of the Premises and other premises. Any breach by the Tenant of this provision may be immediately rectified by the Landlord at the Tenant's expense and in this connection, the Landlord shall be entitled to enter the Premises and remove any Signs contravening this provision and charge the Tenant the costs thereof, and same shall not constitute a re-entry under this Lease and the Landlord shall not be liable for any damages caused thereby, whether or not arising from its own negligence. Notwithstanding the foregoing, the Landlord will, at the expense of the Tenant, supply and install: (a) a sign bearing the name of the Tenant which will be located on or near the entrance door of the Office Premises; (b) identification and/or directional signage on the floor the Tenant’s Office Premises are located; (c) one entry in the Building directory board (if any) located in the Building lobby; and (d) one sign between the two elevator doors near the warehouse entrance. Notwithstanding the foregoing, provided the Tenant is Fluidigm Canada Inc., is itself in occupation of all of the Premises initially leased to Tenant under this Lease, and is not and has not been in default of any provision of this Lease, then Tenant shall pay be entitled to install at its sole cost and expense, including all costs associated with, maintenance, repair and expenses relating restoration thereof, a sign on the top fascia of one (1) side of the Building, in an area to any such sign approved be mutually agreed upon by Landlordthe Landlord and Tenant. Said signage shall be of a design and quality appropriate to the image of the Building, including in keeping with the architectural integrity of the Building, and shall be subject to the prior written approval of Landlord of its design and specifications. All costs of maintaining this signage, including, without limitation, all costs of electricity consumed by the cost sign, will be paid for by Tenant to Landlord upon receipt of the installation and maintenance an invoice therefor, with Xxxxxx’s next installment of monthly Rent, as an item of Additional Rent. Tenant’s insurance coverage shall include the sign. On Such signage shall be in conformance with the date building code, zoning by-laws and the regulations of any other bodies having jurisdiction and Tenant shall obtain, at its sole expense, all necessary permits and approvals. At the earlier of (i) expiration or earlier termination of the Lease, and any renewal or extension thereof, or (ii) the date upon which Tenant ceases to occupy the entirety of the Premises initially leased to it under this Lease, Tenantif requested by the Landlord in writing, Tenant shall, at its sole cost and expense, shall remove all signs such signage from the Building and repair make good any damage caused by such removal[*****] Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Notwithstanding the foregoing, if the lobby signage rights of Scient Corporation (“Scient”) are relinquished pursuant to the terms of that certain lease between Scient Corporation and Landlord Confidential treatment has been requested with respect to the 5th and 6th Floors of the Building (the “Scient Premises”), then, subject to obtaining Landlord’s prior written consent as to size, design and location, which consent shall not be unreasonably withhold, Tenant shall have the right to install signage in the lobby of the Building for the remainder of the Term of this Lease so long as such signage shall not be more than 80% as large as the Del Monte signage. Landlord and Tenant agree that the Scient Lease contains the following provision, which shall not be amended by Landlord without obtaining Tenant’s prior written consent, which shall not be unreasonably withheld: “If Tenant [Scient] at any time pursuant to the terms of this Article 17 [of the Scient Lease] either (a) subleases less than the entire Premises [Scient Premises] or (ii) subleases all of the Premises [Scient Premises] to a subtenant, other than Epicentric, whose “creditworthiness” is less than that of Epicentric, such subletting shall result in Tenant’s [Scient’s] relinquishment for the balance of the Term of any rights to signage in the ground floor lobby of the Building as provided in Article 32 [of the Scient Lease]. For purposes of determining “creditworthiness” under this Section 17.10 [of the Scient Lease], the company with the greater net worth shall be considered the more creditworthy company. Net worth shall be determined according to the following formula: assets minus current and long term liabilities equals net worth, as determined according to generally accepted accounting principlesomitted information.”
Appears in 1 contract
Tenant’s Signs. Except as expressly provided in Subject to this Article 32, without Landlord’s prior consent, which Landlord may withhold in its sole discretionSection 24.8, Tenant shall not place be entitled to install, at its sole cost and expense, legally permitted signage on the Premises or on the Building any exterior signs nor any interior signs that are visible from the exterior identifying Tenant (“Signage”). The graphics, materials, size, color, design, lettering, lighting (if any), specifications and exact location of the Premises or BuildingSignage (collectively, the “Signage Specifications”) shall be subject to Tenant’s receipt of all required governmental permits and approvals, shall be subject to all applicable governmental laws and ordinances, and all current covenants, conditions and restrictions affecting the Premises. Tenant hereby acknowledges that Landlord has made no representations or warranty to Tenant with respect to the probability of obtaining such approvals and permits. In the event Tenant does not receive the necessary permits and approvals for the Signage, Tenant’s and Landlord’s rights and obligations under the remaining provisions of this Lease shall pay not be affected. The cost of installation of the Signage, as well as all costs of design and expenses relating to any construction of such sign approved by LandlordSignage and all other costs associated with such Signage, including including, without limitation, permits, maintenance and repair, shall be the cost sole responsibility of Tenant. The rights to the Signage shall be personal to the Original Tenant and any Affiliate Assignee and may not be transferred. Should the Signage require commercially reasonable maintenance or repairs (other than from sun damage, fading or discoloration of the installation surface areas upon which its Signage was installed), Landlord shall have the right to provide written notice thereof to Tenant and Tenant shall cause such repairs and/or maintenance to be performed within thirty (30) days after receipt of such notice from Landlord at Tenant’s sole cost and expense. Upon the sign. On the date of expiration or earlier termination of this Lease, TenantTenant shall, at its Tenant’s sole cost and expense, cause the Signage to be removed from the Premises and shall remove all signs and repair any damage caused by such removal. Notwithstanding cause the foregoing, if the lobby signage rights of Scient Corporation (“Scient”) are relinquished pursuant Premises to be restored to the terms of that certain lease between Scient Corporation and Landlord with respect condition existing prior to the 5th and 6th Floors placement of the Building such Signage (the “Scient Premises”), then, subject to obtaining Landlord’s prior written consent as to size, design and location, which consent provided that Tenant shall not be unreasonably withholdresponsible for sun damage, Tenant shall have the right to install signage in the lobby fading or discoloration of the Building for the remainder of the Term of this Lease so long as such signage shall not be more than 80% as large as the Del Monte signagesurface areas upon which its Signage was installed). Landlord and Tenant agree that the Scient Lease contains the following provision, which shall not be amended by Landlord without obtaining Tenant’s prior written consent, which shall not be unreasonably withheld: “If Tenant [Scient] at any time pursuant fails to the terms of this Article 17 [of the Scient Lease] either (a) subleases less than the entire Premises [Scient Premises] or (ii) subleases all of remove such Signage and to restore the Premises [Scient Premises] to a subtenant, other than Epicentric, whose “creditworthiness” is less than that of Epicentric, such subletting shall result in Tenant’s [Scient’s] relinquishment for the balance of the Term of any rights to signage in the ground floor lobby of the Building as provided in Article 32 [the immediately preceding sentence within thirty (30) days following the expiration or earlier termination of the Scient this Lease]. For purposes of determining “creditworthiness” under this Section 17.10 [of the Scient Lease], the company with the greater net worth then Landlord may perform such work, and all costs and expenses incurred by Landlord in so performing such work shall be considered reimbursed by Tenant to Landlord within ten (10) days after Tenant’s receipt of invoice therefor. The immediately preceding sentence shall survive the more creditworthy company. Net worth shall be determined according to the following formula: assets minus current and long term liabilities equals net worth, as determined according to generally accepted accounting principlesexpiration or earlier termination of this Lease.”
Appears in 1 contract
Tenant’s Signs. Except Subject to Landlord's approval and approval of the AmberGlen Architectural Control. Committee, Tenant shall be allowed to install one building sign, either on the 2430 Building or the 1875 Building (but not both), that complies with (a) the AmberGlen sign guidelines published by Landlord from time to time; (b) all governmental sign regulations and restrictions in effect throughout the Lease Term; and (c) the AmberGlen Protective Covenants, a summary of which is attached as expressly Exhibit "D" and an entire copy of which was provided to Tenant prior to execution of this Lease. The cost of installation of such sign shall be paid out of the Landlord-supplied Tenant Improvement Allowance provided for in Exhibit "C" to this Article 32, Lease. Tenant shall not install or keep any other signs on or about the Premises without prior written consent of Landlord’s prior consent, which Landlord may withhold in its sole discretion, Tenant shall not place on the Premises discretion may give or on the Building any exterior signs nor any interior signs that are visible from the exterior of the Premises or Buildingwithhold. Tenant shall pay all costs of signs and all costs and expenses relating to of installation of such other signs. If there if any such sign approved by Landlord, including on or about the Premises or building without limitation, the consent of cost of the installation and maintenance of the sign. On the removal together with interest as set forth in Section 25.16 from date of expenditure until payment is made in full. Tenant shall pay promptly after Landlord invoices Tenant for such costs. If Landlords consents to such signs, Tenant shall repair any damage which alteration or renovation of its signs may cause during or at the expiration or earlier not the Term. Tenant at its expense shall remove all of its signs from the Premises at the termination of this Lease, Tenant, at its sole cost and expense, shall remove all signs and repair any damage caused by such removal. Notwithstanding the foregoing, if the lobby signage rights of Scient Corporation (“Scient”) are relinquished pursuant to the terms of that certain lease between Scient Corporation Premises, and Landlord with respect to restore the 5th and 6th Floors face of the Building (the “Scient Premises”), then, subject to obtaining Landlord’s prior written consent as to size, design and location, which consent shall not be unreasonably withhold, Tenant shall have the right to install signage in the lobby of the Building for the remainder of the Term of this Lease so long as such signage shall not be more than 80% as large its original conditions as the Del Monte signage. Landlord Commencement Date, exclusive of normal wear and Tenant agree that the Scient Lease contains the following provision, which shall not be amended by Landlord without obtaining Tenant’s prior written consent, which shall not be unreasonably withheld: “If Tenant [Scient] at any time pursuant to the terms of this Article 17 [of the Scient Lease] either (a) subleases less than the entire Premises [Scient Premises] or (ii) subleases all of the Premises [Scient Premises] to a subtenant, other than Epicentric, whose “creditworthiness” is less than that of Epicentric, such subletting shall result in Tenant’s [Scient’s] relinquishment for the balance of the Term of any rights to signage in the ground floor lobby of the Building as provided in Article 32 [of the Scient Lease]. For purposes of determining “creditworthiness” under this Section 17.10 [of the Scient Lease], the company with the greater net worth shall be considered the more creditworthy company. Net worth shall be determined according to the following formula: assets minus current and long term liabilities equals net worth, as determined according to generally accepted accounting principlestear.”
Appears in 1 contract
Samples: Cascade Microtech Inc
Tenant’s Signs. Except as expressly provided in this Article 32, without Landlord’s prior consent, which Landlord may withhold in its sole discretion, Tenant shall not place erect or install or otherwise utilize signs, lights, symbols, canopies, awnings, window coverings or other advertising or decorative matter on the windows, walls and exterior doors or otherwise visible from the exterior of the Premises (collectively, “Signs”) without first (i) submitting its plans to Landlord and obtaining Landlord’s written approval thereof (which shall not be unreasonably withheld) as to design, size, specifications, graphics, materials, manner of affixing, exact location, colors and lighting (if applicable), and (ii) obtaining any required approval of any applicable governmental and quasi-governmental entities. Tenant’s Signage (as defined below) shall be subject to, and/or shall comply with, (A) the Building signage criteria as Landlord shall apply from time to time, (B) available capacity at the Building pursuant to zoning and other requirements of the City of San Diego, California, (C) all applicable laws and the terms hereof, (D) any CC&Rs, and (E) no breach or default occurring under the terms of this Lease, the Bridgepoint Lease, or the Sublease which results in termination thereof. As set forth in Section 1.1.3 (Tenant’s and Landlord’s Rights) above, Landlord confirms that there are currently no recorded CC&Rs affecting the Real Property. Tenant’s Signage approved by Landlord shall be installed, maintained and repaired at Tenant’s sole cost and expense, professionally designed, and constructed and installed in a first‑class workmanlike manner by a signage contractor reasonably approved in advance, in writing, by Landlord. Landlord shall have the right to promulgate from time to time additional reasonable rules, regulations and policies relating to the style and type of said advertising and decorative matter which may be used by any occupant, including Tenant, in the Building, and may change or amend such rules and regulations from time to time as in its discretion it deems advisable (provided that Tenant will not be required to change any sign once installed to comply with any changes in such rules and regulations). Tenant agrees to abide by such rules, regulations and policies. Upon the expiration or sooner termination of the Lease Term, or upon the earlier termination of Tenant’s Signage right under this Section 24.8, Landlord shall have the right to either (x) require that Tenant remove Tenant’s Signage and repair any damage to the Premises and/or the Building caused by such removal, at Tenant’s sole cost and expense, or (y) permanently remove Tenant’s Signage and repair all damage to the Premises and/or the Building resulting from such removal, and Tenant shall reimburse Landlord for the costs thereof immediately upon demand therefor. The signage rights granted to Tenant under this Section 24.8 are personal to the Original Tenant, and its Affiliates permitted pursuant to Section 14.7 above, and may not be exercised or used by or assigned to any other person or entity. Except as specifically set forth in this Section 24.8, Tenant may not install any Signs on the exterior or roof of the Building any exterior signs nor any interior signs that or the common areas of the Building or the Real Property. Any Signs, window coverings, or blinds (even if the same are located behind the Landlord approved window coverings for the Building), or other items visible from the exterior of the Premises or Building. Tenant shall pay all costs and expenses relating Building are subject to any such sign approved by the prior approval of Landlord, including without limitationin its sole and absolute discretion. As used herein, the cost of Signs and the installation and maintenance of the sign. On the date of expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, shall remove all signs and repair any damage caused by such removal. Notwithstanding the foregoing, if the lobby signage rights of Scient Corporation Eyebrow Signage (“Scient”as defined in Section 24.8.2 below) are relinquished pursuant collectively referred to the terms of that certain lease between Scient Corporation and Landlord with respect to the 5th and 6th Floors of the Building (the as “Scient Premises”), then, subject to obtaining Landlord’s prior written consent as to size, design and location, which consent shall not be unreasonably withhold, Tenant shall have the right to install signage in the lobby of the Building for the remainder of the Term of this Lease so long as such signage shall not be more than 80% as large as the Del Monte signage. Landlord and Tenant agree that the Scient Lease contains the following provision, which shall not be amended by Landlord without obtaining Tenant’s prior written consent, which shall not be unreasonably withheld: “If Tenant [Scient] at any time pursuant to the terms of this Article 17 [of the Scient Lease] either (a) subleases less than the entire Premises [Scient Premises] or (ii) subleases all of the Premises [Scient Premises] to a subtenant, other than Epicentric, whose “creditworthiness” is less than that of Epicentric, such subletting shall result in Tenant’s [Scient’s] relinquishment for the balance of the Term of any rights to signage in the ground floor lobby of the Building as provided in Article 32 [of the Scient Lease]. For purposes of determining “creditworthiness” under this Section 17.10 [of the Scient Lease], the company with the greater net worth shall be considered the more creditworthy company. Net worth shall be determined according to the following formula: assets minus current and long term liabilities equals net worth, as determined according to generally accepted accounting principlesSignage”.”
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Samples: Office Lease (Mitek Systems Inc)