Termination of Existing Lease. You currently occupy the 0000 Xxxx Xxxxx Xxxx premises under a lease with Landlord (as successor by assignment to Boynton Industrial Realty Corporation) (hereinafter the “Existing Lease”). Landlord and you agree that the Existing Lease will terminate as of the fifteenth day immediately following the Commencement Date and that during such fifteen day period immediately following the Commencement Date you shall not be required to pay Rent under the Existing Lease. You shall deliver possession of the 0000 Xxxx Xxxxx Xxxx premises to the Landlord no later than the fifteenth day immediately following the Commencement Date and in the condition required under the Existing Lease. Each and every term and provision of this Lease and all exhibits attached hereto, is agreed to by you, the Tenant, on Nov 8, 2002. (Witnesses as to Tenant) XXXXXXXX.XXX, INC., a Delaware corporation /s/ X. X. Xxxxxx By: /s/ Xxxxx Xxxxxx /s/ Xxxxxxx X. Xxxxx Print Name: Xxxxx Xxxxxx Print Title: CEO Each and every term and provision of this Lease and all exhibits attached hereto, is agreed to by the Landlord on Nov 19, 2002. (Witnesses as to Landlord) PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible EXHIBITS TO ATTACH: Exhibit A Site Plan of Development Exhibit A-l Legal description of the Realty Exhibit B Location of Premises Within Building Exhibit C Construction Work Letter Exhibit D Moveout Standards Exhibit E Signage Criteria
Appears in 1 contract
Termination of Existing Lease. You Landlord and Tenant's predecessor-in-interest, Endgate Technology Corporation, a California corporation, are currently occupy parties to an industrial space lease dated July 22, 1994 for the 0000 Xxxx Xxxxx Xxxx premises under a Building located at 000 Xxxxxx Xxx, Xxxxxxxxx, Xxxxxxxxxx, which lease with Landlord was amended by First Amendment to Lease dated June 17, 1996 (as successor by assignment to Boynton Industrial Realty Corporation) (hereinafter amended, the “"Existing Lease”"). Landlord and you The parties agree that the Existing Lease will shall terminate effective as of the fifteenth day immediately following preceding the Commencement Date and of this Lease, provided that during such fifteen day period immediately following the Commencement Date you termination shall not be required to pay Rent relieve Tenant of (a) any accrued obligation or liability under the Existing Lease. You shall deliver possession Lease as of the 0000 Xxxx Xxxxx Xxxx premises to the Landlord no later than the fifteenth day immediately following the Commencement Date and in the condition required said termination date, or (b) any obligation under the Existing LeaseLease which was reasonably intended to survive the exploration or termination thereof. Each and every term and provision of this Any advance rental paid by Tenant under the Existing Lease and all exhibits attached heretoshall be rebated by Landlord or applied to the rent due hereunder. LANDLORD: TENANT THE IRVlNE COMPANY, is agreed to by youENDGATE CORPORATION, the Tenant, on Nov 8, 2002. (Witnesses as to Tenant) XXXXXXXX.XXX, INC., a Michigan corporation a Delaware corporation /s/ X. X. Xxxxxx By: /s/ Xxxxx Xxxxxxxx X. Xxxxxx, By /s/ Xxxxxx /s/ Xxxxxxx X. Xxxxx Print Name: Xxxxx Xxxxxx Print Title: ----------------------------------- -------------------------- Xxxxxxxx X. Xxxxxx Name Xxxxxx X. Xxxxxx ------------------------ President, Irvine Industrial Company Title President & CEO Each and every term and provision ---------------------- a division of this Lease and all exhibits attached hereto, is agreed to by the Landlord on Nov 19, 2002. (Witnesses as to Landlord) PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership /s/ Xxxxx Xxxxx Irving Company By: /s/ Illegible Xxxx X. Xxx By /s/ Illegible /s/ Xxxxx Xxxxx ByXxxxxxxx X. Xxxxxxx ------------------------------------- -------------------------- Xxxx X. Xxx Name Xxxxxxxx X. Xxxxxxx Assistant Secretary ------------------------ Title VP Administration Of Controller ------------------------------- EXHIBIT A DESCRIPTION OF PREMISES DESCRIPTION OF PREMISES [FLOOR PLAN] DESCRIPTION OF THE SITE [SITE PLAN] EXHIBIT B IRVINE INDUSTRIAL COMPANY HAZARDOUS MATERIALS SURVEY FORM The purpose of this form is to obtain information regarding the use of hazardous substances on Irvine Industrial Company property. Prospective tenants and contractors should answer the questions in light of their proposed operations on the premises. Existing tenants and contractors should answer the questions as they relate to ongoing operations on the premises and should update any information previously submitted. If additional space is needed to answer the questions, you may attach separate sheets of paper to this form. When completed, the form should be sent to the following address: /s/ Illegible /s/ Illegible EXHIBITS TO ATTACH: Exhibit A Site Plan ---------------------------- ---------------------------- ---------------------------- (insert address of Development Exhibit A-l Legal description Property Management Company) Your cooperation in this matter is appreciated. If you have any questions, please do not to call [insert name of the Realty Exhibit B Location of Premises Within Building Exhibit C Construction Work Letter Exhibit D Moveout Standards Exhibit E Signage CriteriaProperty Manager] at [insert phone number] for assistance.
Appears in 1 contract
Samples: Industrial Lease (Endwave Corp)
Termination of Existing Lease. You currently occupy the 0000 Xxxx Xxxxx Xxxx premises under a lease with Landlord (as successor by assignment to Boynton Industrial Realty Corporation) (hereinafter the “Existing Lease”). Landlord Tenant is presently leasing and you agree that occupying ----------------------------- the Existing Lease will terminate as of the fifteenth day immediately following the Commencement Date and that during such fifteen day period immediately following the Commencement Date you shall not be required to pay Rent Premises under the Existing Lease. You The Existing Lease shall deliver possession of the 0000 Xxxx Xxxxx Xxxx premises to the Landlord no later than the fifteenth day immediately following terminate on the Commencement Date of this Lease ("Existing Lease Termination Date"), as if such date were the stated expiration date of the term of the Existing Lease, including all options to lease additional space or purchase the Real Estate shall terminate on the Existing Lease Termination Date; provided, however, Tenant and Landlord shall not be released from liability under the Existing Lease accruing prior to termination of such Existing Lease. A. 00/xx/ Floor. The 23/rd/ Floor was included in the condition Premises under the ------------ Twelfth Amendment for a term ending March 31, 2005. Pursuant to such Twelfth Amendment, Landlord was obligated to contribute certain sums toward work being performed by Tenant on the 23/rd/ Floor. Landlord shall contribute (i) the amounts required under the Existing LeaseTwelfth Amendment (being $166,800.60) plus (ii) such additional amounts (being $596,300) as are required to equal the total sum of $763,140, less (iii) any amounts previously paid by Landlord under the Twelfth Amendment, provided that Tenant complies with the conditions and requirements set forth in Section 49 above necessary to receive an Allowance. Each and every The term and provision of this Lease and all exhibits attached hereto, is agreed to by you, the Tenant, on Nov 8, 2002. (Witnesses as to Tenant) XXXXXXXX.XXX, INC., a Delaware corporation /s/ X. X. Xxxxxx By: /s/ Xxxxx Xxxxxx /s/ Xxxxxxx X. Xxxxx Print Name: Xxxxx Xxxxxx Print Title: CEO Each and every term and provision of this Lease and all exhibits attached hereto, is agreed to by the Landlord on Nov 19, 2002. (Witnesses as to Landlord) PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible EXHIBITS TO ATTACH: Exhibit A Site Plan of Development Exhibit A-l Legal description lease of the Realty 23/rd/ floor is hereby extended to be coterminous with the Term; Base Rent for the 23/rd/ floor shall be payable at the applicable rate shown in Exhibit B Location H on and after the Commencement Date. Notwithstanding the date for commencement of Premises Within Building Rent for the 23/rd/ Floor under the Twelfth Amendment, Rent shall commence on the date shown on Exhibit C Construction Work Letter Exhibit D Moveout Standards Exhibit E Signage CriteriaH.
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Termination of Existing Lease. You currently occupy the 0000 Xxxx Xxxxx Xxxx premises under a lease with Landlord (as successor by assignment to Boynton Industrial Realty Corporation) (hereinafter the “Existing Lease”). Landlord and you Tenant are currently parties to an existing lease dated March 29, 2000 under the terms of which Tenant leases space from Landlord located at 00000 Xxxxxxx Xxxxxxxxx, Xxxxxxx, Xxxxxxxxxx ("Other Lease") which is due to expire on April 30, 2005. In order to facilitate Tenant's move from the space occupied under the Other Lease to the Premises, Landlord and Tenant hereby agree that the Existing Lease will terminate effective as of the fifteenth day immediately Commencement Date, the Other Lease shall be amended as follows:
(i) Upon the date which is 30 days following the Commencement Date and that during such fifteen day period immediately following of this Lease ("Other Lease Termination Date"), the Commencement Date you Other Lease shall terminate;
(ii) Tenant shall not be required to pay any Base Rent or Operating Expenses under the Existing Other Lease for the period between the Commencement Date and the Other Lease Termination Date; provided, however, that any holdover of Tenant beyond the Other Lease Termination Date as a result of Tenant's failure to vacate and surrender the Premises (as defined in the Other Lease) on or before the Other Lease Termination Date shall be considered a "Holdover" under the Other Lease and Tenant shall be liable for all costs and penalties under the Holdover provisions of the Other Lease on the terms and conditions set forth in the Other Lease;,
(iii) Effective as of the Other Lease Termination Date, Landlord and Tenant shall be relieved of all obligations accruing under the Other Lease excluding (subject to subsection (ii) above) any surrender, indemnity or payment obligations accruing under the Other Lease prior to the effective date of such termination.
(iv) Upon the release of the Substitute Security Deposit (as defined below) to Tenant on the terms and conditions described below (or so much of such Substitute Security Deposit as remains after application of any amounts permitted to be applied by Landlord under the terms of the Other Lease), Tenant shall, except with respect to obligations to indemnify Landlord under the Other Lease with respect to any third party claims, be released from any and all obligations under the Other Lease. You shall deliver possession In giving this release, Landlord expressly waives the benefit of any statutory provision or decisional law, if any, that would preclude the extension of this release to claims which Landlord did not know or suspect to exist at the time of execution of this Agreement, which, if known by Landlord, may have materially affected the giving of this release including the provisions of California Civil Code Section 1542 which provide: "Section 1542. (General Release—Claims Extinguished.) A general release does not extend to claims which the creditor does not know or suspect to exist in this favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
(v) Further, the parries hereby agree and confirm that, as a result of the 0000 Xxxx Xxxxx Xxxx premises fact that Tenant's Letter of Credit under the Other Lease will expire on or about March 19, 2003, that Tenant shall amend and renew said Letter of Credit to the be delivered to Landlord no later than March 19, 2003 and which shall be effective for the fifteenth day immediately following purposes of this Lease as of March 20, 2003 and shall not be applicable to the Commencement Date Other Lease, and that the Other Lease shall be amended hereby to provide that the cash portion of the security deposit to be provided under this Lease shall also be the Security Deposit for the Other Lease ("Substitute Security Deposit") and that Tenant shall be required, in the condition required event Landlord draws down the Substitute Security Deposit under this Lease or the Existing Lease. Each Other Lease to replenish such security deposit on the terms and every term and provision conditions of this Lease and all exhibits attached hereto, is agreed the Other Lease. Landlord shall be required to by you, the provide to Tenant, on Nov 8in writing, 2002. no later than sixty (Witnesses as 60) days following the Other Lease Termination Date, that Landlord is agreeing to Tenant) XXXXXXXX.XXXrelease the Substitute Security Deposit (which cash amount shall remain the Security Deposit under this Lease), INCor if not, to state any outstanding claims with respect to the Substitute Security Deposit and the Other Lease., a Delaware corporation /s/ X. X. Xxxxxx By: /s/ Xxxxx Xxxxxx /s/ Xxxxxxx X. Xxxxx Print Name: Xxxxx Xxxxxx Print Title: CEO Each and every term and provision of this Lease and all exhibits attached hereto, is agreed to by the Landlord on Nov 19, 2002. (Witnesses as to Landlord) PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible EXHIBITS TO ATTACH: Exhibit A Site Plan of Development Exhibit A-l Legal description of the Realty Exhibit B Location of Premises Within Building Exhibit C Construction Work Letter Exhibit D Moveout Standards Exhibit E Signage Criteria
Appears in 1 contract
Termination of Existing Lease. You currently occupy The parties hereby acknowledge that Tenant is presently in occupancy of an existing building at 000 Xxxxxxxxxxx Xxxx in a separate portion of the 0000 Xxxx Xxxxx Xxxx premises under a lease with Landlord Project (as successor by assignment the “Existing Premises”) pursuant to Boynton Industrial Realty Corporation) that certain Lease (hereinafter the “Existing Lease”)) dated November 1, 1993 by and between The Six-Pac, A Joint Venture, as landlord, and Cypress Coast Bank, as tenant. Landlord and you agree that Tenant may continue in occupancy under the Existing Lease will terminate so long as the same is permitted by applicable governmental authorities during the performance of Landlord’s Work. In addition, the fifteenth day immediately following parties hereby agree that, in consideration of Tenant’s agreement to perform its obligations under this Lease (including, without limitation, Tenant’s obligations for performance of Tenant’s Work pursuant to Exhibit C attached hereto). Tenant shall be entitled to a conditional abatement of its obligation for payment of base rent under the Commencement Date and Existing Lease (provided that during such fifteen day period immediately following nothing contained herein shall entitle Tenant to any abatement of Tenant’s obligations under the Commencement Date you shall not be required Existing Lease for payment of additional rent, amounts with respect to pay Rent taxes, insurance, utilities, maintenance, other reimbursable costs or other charges, as applicable under the Existing Lease. You shall deliver possession of the 0000 Xxxx Xxxxx Xxxx premises ), accruing with respect to the Landlord no later than period following Landlord’s acquisition of title to the fifteenth day immediately following Project until the Commencement Date and in the condition required not to exceed a maximum aggregate abatement of Fifty Thousand Dollars ($50,000.00) (after which maximum aggregate abatement, if applicable, Tenant shall resume payment of base rent under the Existing Lease. Each and every term and provision of ); provided that if this Lease is hereafter terminated due to Tenant’s default hereunder, then, in addition to all other rights and all exhibits attached hereto, is agreed to by youremedies of Landlord as set forth in this Lease, the entire amount of rent so conditionally abated shall be immediately due and payable from Tenant to Landlord. Tenant shall have sixty (60) days following the Substantial Completion of the Premises within which to complete its relocation from the Existing Premises to the Premises (including, without limitation, the removal of all items of Tenant’s personal property from the Existing Premises) and within which to vacate and surrender the Existing Premises. Upon the expiration of such sixty (60) day period, the Existing Lease shall terminate and neither party thereto shall have any further liability or obligation thereunder (except for liabilities and obligations accruing under the Existing Lease through to such termination date and liabilities and obligations under the Existing Lease which survive the early termination of such Existing Lease). If Tenant fails to so vacate and surrender the Existing Premises on Nov 8or before the expiration of such sixty (60) day period, 2002. (Witnesses as to Tenant) XXXXXXXX.XXX, INC., ’s continued occupancy of such Existing Premises shall constitute a Delaware corporation /s/ X. X. Xxxxxx By: /s/ Xxxxx Xxxxxx /s/ Xxxxxxx X. Xxxxx Print Name: Xxxxx Xxxxxx Print Title: CEO Each material default by Tenant under the Existing Lease and every term and provision of this Lease and all exhibits attached heretowhich shall not be subject to any period for cure. Further, is agreed to by the Landlord on Nov 19Tenant agrees, 2002. (Witnesses as a material consideration to Landlord) PREMIER GATEWAY CENTER AT QUANTUM LLP’s agreement to enter into this Lease, a Florida limited liability partnership /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible EXHIBITS TO ATTACH: Exhibit A Site Plan of Development Exhibit A-l Legal description that notwithstanding anything to the contrary contained in the Existing Lease, that any such occupancy of the Realty Exhibit B Location Existing Premises following the expiration of Premises Within Building Exhibit C Construction Work Letter Exhibit D Moveout Standards Exhibit E Signage Criteriasuch sixty (60) day period shall constitute a holding over creating a tenancy at sufferance, and during the period of such holding over, Tenant shall pay as base rent to Landlord under the Existing Lease an amount equal to five hundred percent (500%)‘of the base rent specified in the Existing Lease as being in effect under the Existing Lease prior to the early termination of the Existing Lease (meaning such base rent as would have been due under the Existing Lease prior to such early termination but for the conditional abatement provided for herein).
Appears in 1 contract
Samples: Lease (Central Coast Bancorp)
Termination of Existing Lease. You currently occupy 10.2.1. Sublessee is the 0000 Xxxx Xxxxx Xxxx premises tenant under a lease with Landlord BH Turfway LLC (as successor by assignment in interest to Boynton Industrial Realty CorporationPHL-OPCO, LP) (hereinafter the “"Present Landlord"), dated February 22, 2002, as amended, covering certain premises in a building located at 0000 Xxxxxxx Xxxx, Xxxxxxxx, Xxxxxxxx 00000 (the "Existing Lease”"), which Existing Lease is attached hereto as EXHIBIT B. The Existing Lease does not expire, by its terms, until October 31, 2007. On and after the Sublease Commencement Date, Sublessor agrees to make the payments set forth in EXHIBIT C to the Present Landlord so that they are received by Present Landlord on or before the dates set forth in EXHIBIT C (each such payment referred to herein as a "Monthly Payment," and you agree referred to herein in the aggregate as the "Monthly Payments"); provided, however, that in no event shall Sublessor be obligated to pay Monthly Payments in excess of $900,000. Monthly Payments should be made payable to "BH Turfway LLC Clearing Account, as Mortgagor, for the benefit of UBS Real Estate Investments Inc., as Mortgagee Account No. 772-592" and delivered by regular mail or overnight courier as set forth in EXHIBIT C. If at any time Sublessee enters into an agreement with the Present Landlord (a "Termination Agreement"), pursuant to which the Present Landlord agrees to terminate the Existing Lease will terminate for a sum set forth in such Termination Agreement (the "Termination Payment"), subject to satisfaction of the following conditions, Sublessor agrees to pay directly to the Present Landlord the amount equal to the lesser of (A) the full amount of the Termination Payment, or (B) $900,000 less the sum of Monthly Payments made by Sublessor (the "Termination Allowance"), in full or partial payment, as applicable, of the Termination Payment. In addition, Sublessor agrees to pay directly to Sublessee the excess, if any (the "Excess Allowance"), of $900,000 less the sum of (i) the Termination Payment and (ii) the sum of Monthly Payments made by Sublessor. Sublessor shall have no obligation under any circumstances to make payments pursuant to this subsection 10.2.1 in excess of $900,000. Payment of the Termination Payment, the Termination Allowance and the Excess Allowance under this subsection 10.2.1 are subject to the following::
10.2.1.1. there shall be no material Default under this Sublease as of the fifteenth day immediately following date of payment of the Commencement Date and Termination Allowance;
10.2.1.2. Sublessee shall deliver to Sublessor a fully executed copy of the Termination Agreement, which Termination Agreement shall be reasonably satisfactory to Sublessor;
10.2.1.3. Sublessee shall deliver to Sublessor evidence reasonably satisfactory to Sublessor that during such fifteen day period immediately following Sublessee has paid the Commencement Date you shall not be required balance, if any, of the Termination Payment to the Present Landlord; and
10.2.1.4. Sublessor receives written notice from Sublessee to pay Rent under the Existing LeaseTermination Allowance to the Present Landlord.
10.2.2. You Sublessor shall deliver possession pay the Termination Allowance to the Present Landlord by regular check and the Excess Allowance to the Sublessee by regular check on the date that is the later of (A) the tenth (10th) day after delivery of the 0000 Xxxx Xxxxx Xxxx premises items set forth in Subsections 10.2.1.2 and 10.2.1.3, and (B) the tenth (10th) day after the Sublessor receives written notice from Sublessee to pay the Termination Allowance to the Landlord no later than the fifteenth day immediately following the Commencement Date and Present Landlord. Sublessee shall be solely responsible for all sums in the condition required under the Existing Lease. Each and every term and provision of this Lease and all exhibits attached hereto, is agreed to by you, the Tenant, on Nov 8, 2002. (Witnesses as to Tenant) XXXXXXXX.XXX, INC., a Delaware corporation /s/ X. X. Xxxxxx By: /s/ Xxxxx Xxxxxx /s/ Xxxxxxx X. Xxxxx Print Name: Xxxxx Xxxxxx Print Title: CEO Each and every term and provision of this Lease and all exhibits attached hereto, is agreed to by the Landlord on Nov 19, 2002. (Witnesses as to Landlord) PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible EXHIBITS TO ATTACH: Exhibit A Site Plan of Development Exhibit A-l Legal description excess of the Realty Exhibit B Location Termination Allowance.
10.2.3. Nothing herein shall be deemed to make the Present Landlord a third party beneficiary of Premises Within Building Exhibit C Construction Work Letter Exhibit D Moveout Standards Exhibit E Signage Criteriathe foregoing provisions, or give the Present Landlord the right to enforce the same.
Appears in 1 contract
Termination of Existing Lease. You Landlord and Tenant are currently occupy parties to an office space lease dated January 11, 1991, as subsequently amended, for certain premises situated at 610 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx (xx amended, the 0000 Xxxx Xxxxx Xxxx premises under a lease with Landlord (as successor by assignment to Boynton Industrial Realty Corporation) (hereinafter the “"Existing Lease”"). Landlord and you The parties agree that the Existing Lease will shall terminate effective as of the fifteenth day immediately following preceding the Commencement Date and of this Lease, provided that during such fifteen day period immediately following the Commencement Date you termination shall not be required to pay Rent relieve Tenant of (a) any accrued obligation or liability under the Existing Lease. You shall deliver possession Lease as of the 0000 Xxxx Xxxxx Xxxx premises to the Landlord no later than the fifteenth day immediately following the Commencement Date and in the condition required said termination date, or (b) any obligation under the Existing Lease which was reasonably intended to survive the expiration or termination thereof. Any advance rental paid by Tenant under the Existing Lease shall be rebated by Landlord or applied to the rent due hereunder. In the event that the Premises are not ready for occupancy by Tenant as of the Estimated Commencement Date set forth herein, and provided such failure is not attributable to any Tenant Delay, then any Basic Rental increase under the Existing Lease that is scheduled to occur on or after the Estimated Commencement Date hereof shall be suspended. LANDLORD: TENANT: THE IRVINE COMPANY QUEST SOFTWARE, INC. By /s/ WILLXXX X. XXXXXXX By /s/ VINCXXX X. XXXXX --------------------------------- ----------------------------------- Willxxx X. Xxxxxxx, Xxesident, Printed Name Vincxxx X. Xxxxx Irvine Office Company, ------------------------- a division of The Irvine Company Title CEO -------------------------------- By /s/ VINCXXX X. XXXXX By /s/ DAVIX XXXXX --------------------------------- ----------------------------------- Vincxxx X. Xxxxx Printed Name Davix Xxxxx Assistant Secretary ------------------------- Title President -------------------------------- EXHIBIT B UTILITIES AND SERVICES The following standards for utilities and services shall be in effect at the Building. Landlord reserves the right to adopt nondiscriminatory modifications and additions to these standards which are reasonable and do not materially adversely affect Tenant's rights under the Lease. Each In the case of any conflict between these standards and every term and provision of this Lease and all exhibits attached hereto, is agreed to by youthe Lease, the Tenant, on Nov 8, 2002Lease shall be controlling. (Witnesses as Subject to Tenant) XXXXXXXX.XXX, INC., a Delaware corporation /s/ X. X. Xxxxxx By: /s/ Xxxxx Xxxxxx /s/ Xxxxxxx X. Xxxxx Print Name: Xxxxx Xxxxxx Print Title: CEO Each and every term and provision of this Lease and all exhibits attached hereto, is agreed to by the Landlord on Nov 19, 2002. (Witnesses as to Landlord) PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible EXHIBITS TO ATTACH: Exhibit A Site Plan of Development Exhibit A-l Legal description of the Realty Exhibit B Location provisions of Premises Within Building Exhibit C Construction Work Letter Exhibit D Moveout Standards Exhibit E Signage Criteriathe Lease, including but not limited to the restrictions contained in Section 6.1, the following shall apply:
Appears in 1 contract
Termination of Existing Lease. You currently occupy (a) Landlord and Tenant are parties to a Lease Agreement dated December 1, 2001, as amended by Amendment to Lease Agreement dated February 25, 2004 (collectively, the 0000 Xxxx Xxxxx Xxxx premises under a lease with Landlord (as successor by assignment to Boynton Industrial Realty Corporation) (hereinafter the “"Existing Lease”") with respect to premises containing approximately 2,045 rentable square feet in the Building (the "Existing Premises"). Landlord .
(b) Upon substantial completion of the Premises, Tenant shall vacate and you agree that surrender the Existing Premises leaving same in the condition it is required to be surrendered under the Existing Lease, at which time the Existing Lease will shall terminate as and all covenants and obligations of the fifteenth parties with respect to the Existing Lease shall cease; provided, however, that all covenants, obligations and indemnifications set forth in the Existing Lease (as the same pertain to the leasing of the Existing Premises prior to the termination of the Existing Lease) shall survive and remain in full force and effect and shall be paid or performed by the applicable party when due or owing. EXHIBIT A [GRAPHIC OMITTED] EXHIBIT "B" LEASE COMMENCEMENT CERTIFICATE Re: LEASE DATED __________________, 2004 FOR PREMISES LOCATED AT 000 XXXXXXXXX XXXX, XXXXXXX, XX BETWEEN LIBERTY PROPERTY LIMITED PARTNERSHIP AS LANDLORD AND INTERNATIONAL HEALTH PARTNERS, INC. AS TENANT ("LEASE"). Dear __________________: This is to confirm the following with respect to the Lease: COMMENCEMENT DATE: ____________________, 20___ EXPIRATION DATE: ____________________, 20___ As set forth in the Lease, Minimum Annual Rent and Annual Operating Expenses are due on or before the Commencement Date for the period from the Commencement Date until the first day immediately of the next calendar month unless the Commencement Date is the first day of the calendar month. Accordingly, the following amounts arc due on or before the Commencement Date: Apportioned Minimum Rent: $___________________ Apportioned Operating Expenses: $___________________ TOTAL: $___________________ Thereafter regular monthly payments will be due in the following amounts until adjusted in accordance with the Lease: Monthly Rent Installment: $___________________ Monthly Operating Payment: $___________________ TOTAL MONTHLY PAYMENT: $___________________ If you disagree with any of the information set forth above, please advise us in writing within five days of your receipt of this letter; otherwise the Commencement Date and that during such fifteen day period immediately following the Commencement Expiration Date you of the Lease will be as set forth above. Sincerely, LIBERTY PROPERTY LIMITED PARTNERSHIP By: Liberty Property Trust, Sole General Partner By:_________________________ Name: Title: EXHIBIT "C" BUILDING RULES
(i) As stated in the lease, Tenant shall not be required to pay Rent under use the Existing Lease. You shall deliver possession Premises as a "place of the 0000 Xxxx Xxxxx Xxxx premises to the Landlord no later than the fifteenth day immediately following the Commencement Date and public accommodation" as defined in the condition required under the Existing Lease. Each and every term and provision Americans with Disabilities Act of this Lease and all exhibits attached hereto1990, is agreed which identifies he following categories into one or more of which a business must fall to by yoube a "place of public accommodation".
a. Places of lodging (examples: hotel, the Tenantmotel) b. Establishments serving food or drink (examples: bar, on Nov 8restaurant) c. Places of exhibition or entertainment (examples: motion picture house, 2002. theater, stadium, concert hall) d. Places of public gathering (Witnesses examples: auditorium, convention center, lecture ball) e. Sales or rental establishments (examples: bakery, grocery store, hardware store, shopping center) f. Service establishments (examples: bank, laundromat, xxxxxx shop, funeral parlor, hospital, gas station, business offices such as to Tenant) XXXXXXXX.XXXlawyer, INC.accountant, a Delaware corporation /s/ X. X. Xxxxxx By: /s/ Xxxxx Xxxxxx /s/ Xxxxxxx X. Xxxxx Print Name: Xxxxx Xxxxxx Print Title: CEO Each and every term and provision of this Lease and all exhibits attached hereto, is agreed to by the Landlord on Nov 19, 2002. (Witnesses as to Landlord) PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible EXHIBITS TO ATTACH: Exhibit A Site Plan of Development Exhibit A-l Legal description of the Realty Exhibit B Location of Premises Within Building Exhibit C Construction Work Letter Exhibit D Moveout Standards Exhibit E Signage Criteriahealthcare provider or insurance office)
Appears in 1 contract
Termination of Existing Lease. You currently occupy The parties hereby acknowledge that Tenant is presently in occupancy of an existing building at 228 Xxxxxxxxxxx Xxxx xx a separate portion of the 0000 Xxxx Xxxxx Xxxx premises under a lease with Landlord Project (as successor by assignment the "Existing Premises") pursuant to Boynton Industrial Realty Corporation) that certain Lease (hereinafter the “"Existing Lease”)") dated November 1, 1993 by and between The Six-Pac, A Joint Venture, as landlord, and Cypress Coast Bank, as tenant. Landlord and you agree that Tenant may continue in occupancy under the Existing Lease will terminate so long as the same is permitted by applicable governmental authorities during the performance of Landlord's Work. In addition, the fifteenth day immediately following parties hereby agree that, in consideration of Tenant's agreement to perform its obligations under this Lease (including, without limitation, Tenant's obligations for performance of Tenant's Work pursuant to Exhibit C attached hereto), Tenant shall be entitled to a conditional abatement of its obligation for payment of base rent under the Commencement Date and Existing Lease (provided that during such fifteen day period immediately following nothing contained herein shall entitle Tenant to any abatement of Tenant's obligations under the Commencement Date you shall not be required Existing Lease for payment of additional rent, amounts with respect to pay Rent taxes, insurance, utilities, maintenance, other reimbursable costs or other charges, as applicable under the Existing Lease. You shall deliver possession of the 0000 Xxxx Xxxxx Xxxx premises ), accruing with respect to the Landlord no later than period following Landlord's acquisition of title to the fifteenth day immediately following Project until the the Commencement Date and in the condition required not to exceed a maximum aggregate abatement of Fifty Thousand Dollars ($50,000.00) (after which maximum aggregate abatement, if applicable, Tenant shall resume payment of base rent under the Existing Lease. Each and every term and provision of ); provided that if this Lease is hereafter terminated due to Tenant's default hereunder, then, in addition to all other rights and all exhibits attached hereto, is agreed to by youremedies of Landlord as set forth in this Lease, the entire amount of rent so conditionally abated shall be immediately due and payable from Tenant to Landlord. Tenant shall have sixty (60) days following the Substantial Completion of the Premises within which to complete its relocation from the Existing Premises to the Premises (including, without limitation, the removal of all items of Tenant's personal property from the Existing Premises) and within which to vacate and surrender the Existing Premises. Upon the expiration of such sixty (60) day period, the Existing Lease shall terminate and neither party thereto shall have any further liability or obligation thereunder (except for liabilities and obligations accruing under the Existing Lease through to such termination date and liabilities and obligations under the Existing Lease which survive the early termination of such Existing Lease). If Tenant fails to so vacate and surrender the Existing Premises on Nov 8or before the expiration of such sixty (60) day period, 2002. (Witnesses as to Tenant) XXXXXXXX.XXX, INC., 's continued occupancy of such Existing Premises shall constitute a Delaware corporation /s/ X. X. Xxxxxx By: /s/ Xxxxx Xxxxxx /s/ Xxxxxxx X. Xxxxx Print Name: Xxxxx Xxxxxx Print Title: CEO Each material default by Tenant under the Existing Lease and every term and provision of this Lease and all exhibits attached heretowhich shall not be subject to any period for cure. Further, is agreed to by the Landlord on Nov 19Tenant agrees, 2002. (Witnesses as a material consideration to Landlord) PREMIER GATEWAY CENTER AT QUANTUM LLP's agreement to enter into this Lease, a Florida limited liability partnership /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible EXHIBITS TO ATTACH: Exhibit A Site Plan of Development Exhibit A-l Legal description that notwithstanding anything to the contrary contained in the Existing Lease, that any such occupancy of the Realty Exhibit B Location Existing Premises following the expiration of Premises Within Building Exhibit C Construction Work Letter Exhibit D Moveout Standards Exhibit E Signage Criteriasuch sixty (60) day period shall constitute a holding over creating a tenancy at sufferance, and during the period of such holding over, Tenant shall pay as base rent to Landlord under the Existing Lease an amount equal to five hundred percent (500%) of the base rent specified in the Existing Lease as being in effect under the Existing Lease prior to the early termination of the Existing Lease (meaning such base rent as would have been due under the Existing Lease prior to such early termination but for the conditional abatement provided for herein).
Appears in 1 contract
Samples: Lease (Central Coast Bancorp)
Termination of Existing Lease. You Lessor and Lessee are currently occupy the 0000 Xxxx Xxxxx Xxxx premises under parties to a lease with Landlord certain Standard Sublease dated November 25, 1997 (as successor by assignment to Boynton Industrial Realty Corporation) (hereinafter the “Existing Lease”) pursuant to which Lessee leases certain portions of the Project consisting of buildings 1 and 4 and the third floor of the Office Building. Commencing upon the later of (i) the date that Lessee is required to vacate the Office Building upon and subject to the terms set forth in Lessor’s written notice or (ii) the date that Lessee actually vacates the Office Building (and removes all of its personal property therefrom). Landlord and you agree that , Lessee’s rent payable under the Existing Lease will terminate as shall be reduced pro rata by the amount of rent payable by Lessee under the Existing Lease for the portion of the fifteenth day immediately Office Building leased and vacated by Lessee. Furthermore, commencing upon Lessor’s commencement of the demolition of buildings 1 and 4 (the Human Resource building and Security building) included within Construction Xxxxx 0, Xxxxxx shall be relieved of paying future rent under the Existing Lease and Lessor and Lessee shall execute a commercially reasonable Lease Termination Agreement promptly following the Commencement Date commencement of demolition of buildings 1 and that during 4. If after the above-mentioned pro-rata reduction in rent (y) the remaining monthly rent payable under the Existing Lease for the period following such fifteen day reduction and until the termination of the Existing Lease plus (z) the monthly Base Rent payable under this Lease for the same period immediately following exceeds 100% of the Commencement Date you total monthly Base Rent (as calculated under Paragraph 1.5 of this Lease), then Lessee shall not only be required responsible to pay an amount equal to 100% of the total monthly Base Rent payable under this Lease as if substantial completion of Construction Phase 3 had occurred for such period, as monthly rental under both this Lease and the Existing Lease. You shall deliver possession If the Final Base Rent Statement discloses that Lessee has paid in excess of 100% of the 0000 Xxxx Xxxxx Xxxx premises to the Landlord no later than the fifteenth day immediately following the Commencement Date and in the condition required monthly Base Rent payable under the Existing Lease. Each and every term and provision of this Lease and all exhibits attached hereto(as if substantial completion of Construction Phase 3 had occurred for such period) for such period, is agreed to Lessee may deduct such excess from subsequent monthly Base Rent payments until such excess has been fully recovered by you, the Tenant, on Nov 8, 2002. (Witnesses as to Tenant) XXXXXXXX.XXX, INCLessee., a Delaware corporation /s/ X. X. Xxxxxx By: /s/ Xxxxx Xxxxxx /s/ Xxxxxxx X. Xxxxx Print Name: Xxxxx Xxxxxx Print Title: CEO Each and every term and provision of this Lease and all exhibits attached hereto, is agreed to by the Landlord on Nov 19, 2002. (Witnesses as to Landlord) PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible EXHIBITS TO ATTACH: Exhibit A Site Plan of Development Exhibit A-l Legal description of the Realty Exhibit B Location of Premises Within Building Exhibit C Construction Work Letter Exhibit D Moveout Standards Exhibit E Signage Criteria”
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (Unified Grocers, Inc.)