Common use of The Premises Clause in Contracts

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.

Appears in 8 contracts

Samples: Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.)

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The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is as set forth in Section 1.2.2 Exhibit A attached hereto, and the rentable square footage an outline of the Building Project is as set forth in Section 1.6; provided, however, Exhibit A-1 attached hereto. The parties hereto agree that Landlord may from time to time re-measure the lease of the Premises and/or is upon and subject to the Building terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in accordance with any generally accepted measurement standards selected by Landlord the “Building,” as that term is defined in Section 1.1.2, below, only, and adjust Tenant’s Share based on such re-measurement; provided furtherExhibit is not meant to constitute an agreement, however, that any such re-measurement shall not affect representation or warranty as to the amount construction of Base Rent payable forthe Premises, the determination precise area thereof or the specific location of Tenant’s Share with respect tothe “Common Areas,” as that term is defined in Section 1.1.3, below, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation elements thereof or of the information accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do soin this Lease, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, accept the Premises are accepted by Tenant in their configuration its presently existing “as-is” condition and condition existing on the date hereof, without any obligation of Landlord shall not be obligated to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease. However, notwithstanding the foregoing, Landlord agrees that base Building electrical, mechanical, heating, ventilation and air conditioning and plumbing systems located in the Premises shall deliver be in good working order and the roof shall be water tight as of the date Landlord delivers possession of the Premises to Tenant. Except to the extent caused by the acts or omissions of Tenant with the floors cleared of trash and swept and free from occupancy or any Tenant Parties (as defined in Section 10.13 below) by any other party. The foregoing provisions alterations or improvements performed by or on behalf of this Section 2.1.2 Tenant, if such systems and/or the roof are not in good working order as of the date possession of the Premises is delivered to Tenant and Tenant provides Landlord with notice of the same within ninety (90) days following the date Landlord delivers possession of the Premises to Tenant, Landlord shall not limit be responsible for repairing or restoring the same at Landlord’s obligations under sole cost and expense. Subject to any repairs or restoration required by the immediately preceding sentence, the commencement of business operations from the Premises by Tenant shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. For purposes of Section 7 or 1938 of the California Civil Code, Landlord hereby discloses to Tenant’s rights under Section 6.3, and Tenant hereby acknowledges, that the Premises, the Building and the Project have not undergone inspection by a Certified Access Specialist (CASp).

Appears in 5 contracts

Samples: Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit C attached hereto and has the number of rentable square feet as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as set forth a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit C is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.6; provided1.1.2, howeverbelow, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving itonly, and if Tenant fails such Exhibit is not meant to do soconstitute an agreement, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding as to the configuration or condition construction of the Premises, the Building precise area thereof or the Project specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or their suitability the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for Tenant’s business. any improvement work or services related to the improvement of the Premises except Landlord shall deliver the Premises in broom clean condition, with all currently existing Premises systems in good working order (provided that (i) Tenant acknowledges and agrees that demolition work has been performed to a portion of the space, separating same from the remaining, functioning standard office portion; and (ii) Tenant with the floors cleared shall promptly notify Landlord of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s known/discovered defects or needed repairs to same so that Landlord may fulfill any repair obligations under Section 7 7.3 of this Lease), and except as otherwise expressly set forth in this Lease or Tenant’s rights under Section 6.3.in the Tenant Work Letter attached hereto as Exhibit D. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, lobbies and common lavatories, the common stairways and stairwells, boiler room, sprinkler rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building..

Appears in 4 contracts

Samples: Lease Agreement (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlord. premises which are being constructed by Landlord and Tenant acknowledge that are set forth in Section 2.2 of the rentable square footage Summary (the "Premises"). The outline of each floor of the Premises is set forth in Exhibit A attached hereto and each floor or floors of the Premises shall have approximately the number of rentable square feet as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCs") herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.6; providedthis Lease and in the Work Letter Agreement attached hereto as Exhibit B (the "Work Letter Agreement"), however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Work Letter Agreement. The taking of possession of each floor of the Premises by Tenant shall conclusively establish that such floor of the Premises was at such time in good and sanitary order, condition and repair, subject only to (i) punchlist items provided to Landlord shall deliver in writing within thirty (30) days following Landlord's delivery of the Premises to Tenant with Tenant, (ii) latent defects to the floors cleared of trash extent identified and, thereafter, promptly communicated to Landlord, (iii) Landlord's ongoing obligations set forth in Sections 1.1.3 and swept 29.33, and free from occupancy by any other party. The foregoing provisions Articles 7 and 24 of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Lease, and (iv) the terms of the Work Letter Agreement.

Appears in 4 contracts

Samples: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is as set forth in Section 1.2.2 Exhibit A attached hereto. The outline of the “Building” and the rentable square footage “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Building Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.6; providedthis Lease and in the Tenant Work Letter, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. Landlord shall deliver The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Tenant with Section 1.1.4 and minor “punchlist” matters related to the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Building brought to Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3attention within ten (10) days after Tenant commences business operations from the Premises.

Appears in 3 contracts

Samples: Lease Agreement, Lease (Synthorx, Inc.), Lease (Synthorx, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.

Appears in 3 contracts

Samples: Office Lease (Kempharm, Inc), Office Lease (Cellteck Inc.), Office Lease (Broadvision Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Property,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.6; providedthis Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project Property or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s business. Landlord shall deliver , except as specifically set forth in this Lease and the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Work Letter.

Appears in 3 contracts

Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.), Office Lease (Square, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord this Lease and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Work Letter attached hereto as Exhibit C, as a confirmation of B (the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so“ Work Letter”), Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, accept the Premises are accepted by Tenant in their configuration its existing “as-is” condition and condition existing on the date hereof, without any obligation of Landlord shall not be obligated to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Work Letter. Landlord shall deliver The taking of possession of the Premises to by Tenant with shall conclusively establish that the floors cleared of trash Premises and swept the Building were at such time in good and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3sanitary order, condition and repair.

Appears in 2 contracts

Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided hereinherein (including in Exhibit B), the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.

Appears in 2 contracts

Samples: Office Lease (Apigee Corp), Office Lease (Apigee Corp)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 1.2.2 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the rentable square footage terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2 below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3 below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2 below. Landlord shall cause those portions of the Building is systems located within and exclusively serving the Premises to be, as set forth of the Delivery Date, in Section 1.6good working order and condition; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement foregoing shall not affect imply any representation or warranty as to the amount useful life of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Termsuch systems. At any time Landlord may deliver to Tenant a notice substantially Except as specifically set forth in this Lease and in the form of Tenant Work Letter attached hereto as Exhibit CB (the “Tenant Work Letter”), as a confirmation of the information set forth therein. Tenant Landlord shall execute and return (or, by notice not be obligated to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The failure of Tenant to give notice to Landlord shall deliver of any defect in the condition of the Premises to Tenant with or the floors cleared of trash Building systems, as required by this Section, on or before the Lease Commencement Date shall conclusively establish that the Premises and swept the Building were at such time in good and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3sanitary order, condition and repair.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant with acknowledges that the floors cleared Premises and the Building are then in the condition and configuration required hereunder. As of trash and swept and free from occupancy by any other party. The foregoing provisions the date of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Lease, Landlord represents that Base Building electrical, HVAC (i.e., heating, ventilation and air conditioning) and plumbing systems are in good working order.

Appears in 2 contracts

Samples: Office Lease (NeuroSigma, Inc.), Office Lease (NeuroSigma, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, 1.1 Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord, the Premises designated in the Summary of Basic Lease Information (“Summary”) attached hereto, and which is more particularly described and outlined on the floor plan attached hereto and marked Exhibit A, all of which is incorporated herein by this reference. The Premises is located in the building at the address designated in the Summary (the “Building”), and located on the parcel of real property (the “Site”) under the Building. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Premises, Building, or Site except as specifically stated in this Lease. The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth and Tenant and Landlord covenant as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed, and this Lease is made upon the condition of such performance. 1.2 Tenant shall have the nonexclusive right to use in common with other tenants in the Building, subject to the reasonable discretion of Landlord to determine the manner in which the public and common areas are maintained and operated, the loading and unloading areas, roadways, sidewalks, walkways, parkways, and driveways appurtenant to the Building Premises (“Common Areas”). 1.3 Landlord reserves the rights from time to time as set forth below provided that Landlord shall use commercially reasonable efforts with respect to the exercise of any and all such rights so as not to interfere with Tenant’s use of or access to the Premises: (a) To remove, install, reinstall, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which ‘are located in the Premises or located elsewhere outside the Premises, and to expand the Building; (b) To make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic and walkways; (c) To close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (d) To use the Common Areas at any time, including, but not limited to, while engaged in making additional improvements, repairs or alterations to the Building, or any portion thereof; and/or (e) To do and perform such other acts and make such other changes in, to or with respect to the Site, Common Areas and Building including, without limitation, the roof and windows of the Building as Landlord may, in the exercise of Landlord’s reasonable business judgment, deem to be appropriate. Except in the case of emergency, Landlord will use reasonable efforts to perform any work described in this Paragraph 1.3 which might be disruptive only on weekends or during periods after business hours to the extent reasonably practicable (the cost of any and all such work including, without limitation, overtime costs incurred by Landlord in connection therewith may be included in Common Operating Expenses, subject to the limitations set forth in Article 6 below). To the extent that Landlord installs, maintains, uses, repairs or replaces pipes, cables, ductwork, conduits, utility lines, and/or wires through hung ceiling space, exterior perimeter walls and column space, adjacent to and in demising partitions and columns, in or beneath the floor slab or above, below, or through the Premises, then in the course of making any such installation or repair: (x) Landlord will not reduce Tenant’s usable space, except to a de minimus extent, if the same are not installed behind existing walls or ceilings; and (y) Landlord shall box in any of the same installed adjacent to existing walls with construction materials substantially similar to those existing in the affected area(s) of the Premises. 1.4 Tenant acknowledges that certain furniture, fixtures and equipment owned by Landlord may be located within the Premises, and that the Premises currently contains certain data communication cabling within the wall and ceiling. All of such personal property and cabling owned by Landlord shall remain at the Premises and Tenant shall have the right to use all of the same during the, Term. Tenant shall have access to available space in the riser closet and shall be responsible for taking service to the floors occupied by Tenant. Tenant may install additional cabling and conduits at its sole cost and expense subject to Landlord’s reasonable prior approval as provided herein. Upon expiration or earlier termination of the Term, Tenant shall return all of the original personal property to Landlord in good condition and repair, subject to normal wear and tear and casualty. On or about the Early Access Date, Landlord and Tenant acknowledge shall jointly conduct an inspection of the existing personal property located within the Premises, so as to create an inventory of such personal property and the condition of such personal property, in order to establish “baseline” for determining the appropriate condition of such property upon return to Landlord. 1.5 The rights and obligations of the parties regarding the tenant improvements, alterations or construction of the Premises to be performed at the commencement of the Term are described in the Tenant Work Letter (“Work Letter”) attached to this Lease as Exhibit B. Any inconsistency between the provisions of the Work Letter and the provisions of the balance of this Lease shall be governed by the provisions of the Work Letter. 1.6 References in this Lease to “rentable square feet”, “rentable square footage” and “rentable area” shall have the same meanings, and Tenant hereby acknowledges and agrees that the rentable square footage of the Premises is as set forth in Section 1.2.2 shall be deemed, and is, 45,032 rentable square feet, and the rentable square footage of the Building is as set forth in Section 1.6; providedshall be deemed, howeverand is, 46,752 rentable square feet. Landlord represents that Landlord may from time to time re-measure the foregoing square footage determinations were the result of a measurement made of the Building and the Premises and/or the Building in accordance with BOMA Standard (i.e., the American National Standard method of measuring floor area in office buildings of the Building Owners and Managers Association (ANSI Z65.1 -2010)). The parties agree that the 45,032 rentable square foot measurement of the Premises and the 46,752 rentable square foot measurement of the Building shall not be changed, and no adjustment in the Monthly Basic Rent, any generally accepted measurement standards selected monetary or other obligation of Tenant, or any other term of this Lease shall be made by Landlord and adjust Tenant’s Share based on such re-measurement; provided furtherreason of a change in the rentable square footage of the Premises or the Building except in connection with a physical change in the size of the Premises (and, however, that in the event of any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially physical change in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition size of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord any remeasurement necessitated thereby shall deliver the Premises to Tenant be carried in accordance with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3BOMA Standard).

Appears in 2 contracts

Samples: Lease Agreement (Okta, Inc.), Lease Agreement (Okta, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and shall adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) 10 days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant with acknowledges that the floors cleared of trash Premises and swept the Building are then in the condition and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3configuration required hereunder.

Appears in 2 contracts

Samples: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. Landlord shall deliver the Premises to Tenant in broom clean condition, with the floors cleared of trash and swept. Notwithstanding anything herein or on Exhibit B to the contrary, Landlord and Tenant hereby acknowledge and agree that the Tenant Improvement Work is Substantially Complete, subject only to receipt by Landlord of all approvals and permits, with respect to the Tenant Improvement Work, from the appropriate governmental authorities necessary for the occupancy of the Premises for the Permitted Use. Following the mutual execution and delivery of this Lease, Landlord shall promptly perform the following punch list items with respect to the Tenant Improvement Work: (a) install under cabinet lighting, (b) install 6” wall base at reception area, (c) fix light switch at second entry, (d) replace scratched glass at the large conference room by the reception area, and (e) install cord on garbage disposal area. Nothing in this Section 2.1.2 shall limit Landlord’s obligations under Section 7.1. 2.1.2 Except as expressly provided hereinherein (including Exhibit B), the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. . 2.1.3 Landlord shall deliver represents and warrants to Tenant that, as of the date hereof, Landlord has not received written notice from any governmental agency (and Landlord does not otherwise have actual knowledge, without any duty of inquiry) that the existing configuration or condition of the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this violates applicable Law (defined in Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.35).

Appears in 2 contracts

Samples: Office Lease (Medallia, Inc.), Office Lease (Medallia, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage Premises shall initially consist of the Initial Premises as described in Section 2.2 of the Summary and that, upon the Rent Commencement Date, the Premises shall thereafter consist of the Permanent Premises. The terms of the Lease with respect to the Initial Premises and the Permanent Premises are the same except as expressly set forth in this Lease and the Initial Premises and the Permanent Premises are collectively referred to in this Lease as the Premises. Notwithstanding anything herein to the contrary, the provisions of Sections 2.2 and 29.32, and Exhibit 5 shall not apply to the Initial Premises, nor shall Tenant be able to exercise the rights described therein prior to the Rent Commencement Date. The outline of the Premises is set forth in Exhibit 2.2-1 and Exhibit 2.2-2, as applicable, attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as set forth a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2-1 and Exhibit 2.2-2 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.6; provided1.1.2, howeverbelow, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving itonly, and if Tenant fails such Exhibit is not meant to do soconstitute an agreement, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding as to the configuration or condition construction of the Premises, the Building precise area thereof or the Project specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or their suitability for Tenant’s businessthe elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall deliver not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises to except as otherwise expressly set forth in this Lease or in the Tenant with the floors cleared of trash and swept and free from occupancy by any other partyWork Letter attached hereto as Exhibit 5. The foregoing provisions Premises shall exclude Common Areas, including without limitation exterior faces of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator xxxxx, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or Tenant’s rights under Section 6.3in common other parts of the Building.

Appears in 2 contracts

Samples: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit A attached hereto and each floor of the Premises has the number of rentable square feet as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.6; providedthis Lease and in the Work Letter attached hereto as Exhibit B (the “Work Letter”), however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s business. Landlord shall deliver , except as specifically set forth in this Lease and the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Work Letter.

Appears in 2 contracts

Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit C attached hereto. The Premises contains the number of rentable square feet as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as set forth a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit C is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.6; provided1.1.2, howeverbelow, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving itonly, and if Tenant fails such Exhibit is not meant to do soconstitute an agreement, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding as to the configuration or condition construction of the Premises, the Building precise area thereof or the Project specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or their suitability for Tenant’s businessthe elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall deliver not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises to except as otherwise expressly set forth in this Lease or in the Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of Work Letter attached hereto as Exhibit D, provided, however, nothing in this Section 2.1.2 sentence shall not limit Landlord’s obligations under Section Article 7 or Tenant’s rights under Section 6.3of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Heat Biologics, Inc.), Lease (Heat Biologics, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the "Premises"). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is as set forth in Section 1.2.2 and EXHIBIT A attached hereto. The parties hereto agree that the rentable square footage lease of the Building Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.6; providedthis Lease and in the work letter attached hereto as EXHIBIT B (the "TENANT WORK LETTER"), however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvements, work or services related to the improvement, remodeling or refurbishment of the Premises, and without Tenant shall accept the Premises in its "AS IS" condition on the Commencement Date. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business. Landlord shall deliver The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair subject to (i) the completion of the Base Premises Work and (ii) any latent defects identified by Tenant with in writing to Landlord within the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3first ninety (90) days following the Effective Date.

Appears in 2 contracts

Samples: Office Lease (Universal Access Inc), Office Lease (Universal Access Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit A attached hereto and contains approximately the number of rentable square feet as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.6; providedthis Lease and in the Work Letter attached hereto as Exhibit B (the “Work Letter”), however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Work Letter. Landlord shall deliver The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject only to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit (i) Landlord’s obligations under the Work Letter with respect to a list of punchlist items prepared by Landlord and Tenant in accordance therewith, (ii) latent defects as well as defects in the mechanical, electrical and plumbing systems brought to Landlord’s attention in writing within one (1) year following Landlord’s delivery of the Premises to Tenant, (iii) Landlord’s obligations set forth in Article 7 of this Lease, (iv) Landlord’s obligations set forth in Article 24 of this Lease, and (v) Landlord’s obligations set forth in Section 7 29.33 of this Lease. To the actual knowledge of Xxx. Xxxxxxxx Xxxxxxx (Landlord’s Asset Manager with respect to the Project), Xx. Xxxxx Xxxxxxxx (Landlord’s Vice President of Asset Management) and Xx. Xxxxxxx Xxxx (Property Manager of the Building), without any duty of investigation or any duty of inquiry, Landlord has not, as of the Effective Date, received from any applicable governmental agency any written notice (a “Violation Notice”) of violation or violations (or claim thereof) relating to Applicable Laws, or applicable zoning, ordinances, building codes or CC&Rs with regard to the Premises or the Building existing as of the Effective Date; provided, however, the foregoing representation does not apply with respect to any alterations, additions or improvements made (or to be made) by Tenant. Landlord represents and warrants that, as of the Effective Date and as it pertains to Landlord’s rights under Section 6.3organization, the three (3) individuals listed above are the suitable individuals as it relates to knowledge of the Premises. If Landlord receives any Violation Notice at any time after the Effective Date, Landlord shall promptly deliver a copy of such Violation Notice to Tenant. In the event of a conflict between the terms set forth in the Summary and the TCCs of the body of this Lease, the latter shall control.

Appears in 2 contracts

Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, C as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant with acknowledges that the floors cleared of trash Premises and swept the Building are then in the condition and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3configuration required hereunder.

Appears in 2 contracts

Samples: Office Lease Agreement (Cardiodx Inc), Office Lease Agreement (Cardiodx Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordfor the Lease Term. Landlord and Tenant acknowledge The parties hereto agree that the rentable square footage lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the Building, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the Common Areas, as that term is defined in Section 1.1.2, below, or the elements thereof or of the accessways to the Premises or the Project. Except as specifically set forth in Section 1.2.2 this Lease and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of Tenant Work Letter (the information set forth therein. "Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do soWork Letter"), Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, accept the Premises are accepted by Tenant in their configuration its existing, "as is" condition, and condition existing on the date hereof, without any obligation of Landlord shall not be obligated to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Landlord shall deliver The taking of possession of the Premises to by Tenant with shall conclusively establish that Tenant has accepted the floors cleared Premises in its condition as of trash the date of such occupancy and swept that the Premises and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3the Building were at such time in good and sanitary order, condition and repair.

Appears in 1 contract

Samples: Office Lease (INPHI Corp)

The Premises. 2.1.1 Subject to the terms hereof, (a) Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises” and sometimes also herein referred to as the “Building”). The outline of the Premises from Landlordis set forth in Exhibit A attached hereto. Landlord and Tenant hereby acknowledge and agree that the rentable square footage of the Premises is shall be as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building is as set forth in Section 1.6; provided, however, Summary and that Landlord may from time the same shall not be subject to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall or modification. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not affect meant to constitute an agreement, representation or warranty as to the amount construction of Base Rent payable forthe Premises, the determination precise area thereof or the specific location of Tenant’s Share with respect tothe “Common Areas,” as that term is defined in Section 1.1.3, below, or the amount elements thereof or of any tenant allowance applicable tothe accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. (b) Tenant acknowledges and agrees that it has been occupying the initial Term. At any time Landlord may deliver Premises pursuant to Tenant a notice substantially in the form Sublease dated as of Exhibit CNovember 5, 1998, as amended, between Tenant and Applied Materials, Inc., a confirmation Delaware corporation (“Applied Materials Sublease”), and that its occupancy of the information set forth thereinPremises commencing on the Lease Commencement Date is a continuation of its previous occupancy of the Premises. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, is familiar with the condition of the Premises are accepted by Tenant and agrees to accept the Premises on and from the Lease Commencement Date in their configuration and its existing “as is” condition existing on the date hereof, without any obligation of Landlord to perform repair, remodel, improve or pay for any alterations to alter the Premises, and without to perform any other construction or other work of improvement upon the Premises, or to provide Tenant with any construction or refurbishing allowance whatsoever. Tenant further acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building Premises or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s business. Landlord shall deliver Tenant’s occupancy of the Premises to Tenant with as of the floors cleared of trash Lease Commencement Date shall conclusively establish that the Premises were at such time in good and swept sanitary order, condition and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3repair.

Appears in 1 contract

Samples: Office Lease (ShoreTel Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination amount of any tenant allowance applicable to, or the calculation of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.

Appears in 1 contract

Samples: Sublease Agreement (Model N, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time (but not more than once during the Term) re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five ten (510) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided hereinherein (including Exhibit B), the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of Nothing in this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.37.1.

Appears in 1 contract

Samples: Office Lease (Coherus BioSciences, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, . Landlord represents to Tenant that Landlord may from time to time re-measure the rentable square footage of the Premises and/or and Building has been calculated pursuant to the Building Standard Method for Measuring Floor Area in accordance with any generally accepted measurement standards selected by Landlord Office Building, ANSI Z65.1 – 1996 and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement its accompanying guidelines (“BOMA”) and shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, be subject to remeasurement during the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) 10 days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant with acknowledges that the floors cleared Premises and the Building are then in the condition and configuration required hereunder. As of trash and swept and free from occupancy by any other party. The foregoing provisions the date of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Lease, Landlord represents that Base Building electrical, HVAC (i.e., heating, ventilation and air conditioning) and plumbing systems are in good working order.

Appears in 1 contract

Samples: Office Lease (Puma Biotechnology, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s 's Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s 's Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. The "Delivery Date" means the date upon which Landlord delivers possession of each floor of the Premises to Tenant free from occupancy by any party and in the condition required by Section 2.1.2 below. If Landlord does not deliver possession of any floor of the Premises to Tenant on or before the anticipated Commencement Date (June 1, 2018), Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease nor the obligations of Tenant hereunder. At any time time, Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.

Appears in 1 contract

Samples: Office Lease (Nutanix, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises within the “Project,” as that term is defined in Section 1.1.2, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the Project. Except as to the Tenant Improvement Allowance and as otherwise specifically set forth in Section 1.6; providedthis Lease, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s business. Landlord shall deliver The taking of possession of the Premises to by Tenant with shall conclusively establish that the floors cleared of trash Premises and swept the Building were at such time in good and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3sanitary order, condition and repair.

Appears in 1 contract

Samples: Lease Agreement (Neophotonics Corp)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term1.2.2. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five ten (510) business days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, and subject to the express covenants of Landlord otherwise contained herein, the Premises and the Tenant Systems (defined in Section 7.1.1) are accepted by Tenant in their condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the PremisesPremises or the Tenant Systems, and without any representation or warranty regarding the configuration or condition of the Premises, the Tenant Systems, the Building or the Project or their suitability for Tenant’s business. . 2.1.3 At least ten (10) business days before the Delivery Date, Landlord shall deliver permit Tenant to enter the Premises solely to the extent necessary to inspect the condition of the Premises, including the Tenant with Systems. During any period of such entry, all of the floors cleared of trash provisions hereof shall apply, except for the obligation to pay Monthly Rent, and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or except that during such period (a) Tenant’s rights under Section 6.3to enter and use the Premises shall be nonexclusive, (b) Tenant shall not be permitted to use the Premises for any purpose other than inspection as provided in the preceding sentence, and (c) Tenant shall use commercially reasonable efforts to minimize any disruption of any occupancy by the existing tenant of the Premises.

Appears in 1 contract

Samples: Office Lease (Atmel Corp)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination calculation of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time time, Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of Nothing in this Section 2.1.2 shall not limit Landlord’s obligations under Sections 7.1 or 5.2. 2.1.3 Landlord shall cause the Building to include the following components on the Commencement Date: (a) all structural elements in good condition and working order, as more fully provided in and subject to the terms of Section 7 or Tenant’s rights under 7.1; (b) all Base Building Systems (defined in Section 6.3.5.1), including Base Building HVAC (including ducted mechanical exhaust system off Building main, fans, insulated main loop around the floor on which the Premises are located, and return air and exhaust system with smoke and fire dampers), electrical (including electrical/telephone closets with exhaust systems and all subpanels and breakers), plumbing, elevator (including cabs) and fire/life-safety systems (including panels, power sources, sprinklers with mains, laterals, uprights, and pull stations at points of egress), each (i) in good condition and working order, as more fully provided in and subject to the terms of Sections 7.1, and Exhibit B, and (ii) sufficient (A) in the case of the Base Building HVAC system, to provide the HVAC described in clause (a) of Section 6.1

Appears in 1 contract

Samples: Office Lease (ServiceTitan, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the "Premises"). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit A attached hereto and each floor of the Premises has the number of rentable square feet as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the location of the Premises in the "Building," as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.6; providedthis Lease and in the Work Letter attached hereto as Exhibit B (the "Work Letter"), however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business. Landlord shall deliver , except as specifically set forth in this Lease and the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Work Letter.

Appears in 1 contract

Samples: Sublease (Okta, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) 20 days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided hereinherein (including, without limitation, Exhibit B hereto), the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other partyswept. The foregoing provisions of Nothing in this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Sections 5 and/or 7.1 hereof.

Appears in 1 contract

Samples: Office Lease (Lion Biotechnologies, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from LandlordPremises. Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit A attached hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCs") herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. For purposes of this Lease, "rentable square feet" in the Premises and the Building, as the case may be, shall be calculated in general accordance with modified guidelines of BOMA 2017 for Office Buildings: Standard Methods of Measurement (ANSI/BOMA Z65.1-2017), and its accompanying guidelines with a market load factor, as interpreted for the Building by Xxxxxxxx's architect ("BOMA"). Further, the rentable square feet of the Premises shall be stipulated as set forth in Section 1.2.2 2.1 of the Summary and the rentable square footage feet of the Building is shall be stipulated as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure 2.2 of the Summary. In no event shall the rentable square feet of the Premises and/or be subject to remeasurement or change during the Building initial Lease Term or any Option Term or other extension of the Lease Term, except in connection with the change in the physical dimensions of the Premises, and, in such event, any such remeasurement shall be carried out in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable forBOMA. In addition, the determination parties acknowledge that the Premises has a contiguous outdoor roof deck (the "Roof Deck"), which Tenant shall be permitted to use during the Lease Term (as defined in Article 2 below), subject to the Rules and Regulations (as defined in Section 5.1 below) and the express TCCs of Tenant’s Share with respect tothis Lease. In consideration for being permitted to use the Roof Deck during the Lease Term, Tenant does hereby release, waive, discharge, and covenant not to sue Landlord or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth thereinother "Landlord Parties" (as defined in Section 10.1 below), and agrees to protect, indemnify, defend and hold all Landlord Parties harmless from and against any and all Losses (defined in Section 10.1 below) in any way arising or resulting from use of the Roof Deck by Tenant or Tenant's employees, agents or invitees. Tenant shall execute and return (or, by notice acknowledges that use of the Roof Deck carries with it certain inherent risks that it may not be possible to Landlord, reasonably object to) such notice within five (5) days after receiving iteliminate regardless of the care taken to avoid injuries, and if Tenant fails to do sohereby assumes all risks associated with use of the Roof Deck by Tenant, its employees, agents or invitees. Accordingly, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, liable for the use of the Roof Deck in the same manner that Tenant is liable for the Premises are accepted by Tenant in their configuration and condition existing on under this Lease. Landlord's operation of window washing equipment for the date hereofBuilding requires that certain equipment, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition inclusive of the Premisesdavits, be stored within the Building or the Project or their suitability for Tenant’s businessRoof Deck. Landlord shall deliver the Premises not be required to Tenant with the floors cleared of trash remove such equipment, provided such equipment is left in a neat, safe and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3clean condition.

Appears in 1 contract

Samples: Office Lease (Reddit, Inc.)

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The Premises. 2.1.1 25.4.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s 's Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s 's Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. . 25.4.2 The "Delivery Date" with respect to each portion of the Premises means the date upon which Landlord delivers possession of such portion (i.e., Xxxxx 000, Xxxxx 000, or the Must Take Space, as applicable) to Tenant free from occupancy by any party and in the condition required by Section 2.1.4 below. 25.4.3 At any time time, Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five ten (510) business days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 25.4.4 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as the existing tenant of each portion of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s 's business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s 's obligations under Section 7 or Tenant’s 's rights under Section 6.3.

Appears in 1 contract

Samples: Office Lease (Nutanix, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure remeasure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant with acknowledges that the floors cleared of trash Premises and swept the Building are then in the condition and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3configuration required hereunder.

Appears in 1 contract

Samples: Assignment and Assumption of Lease Agreement (Ruthigen, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant ------------ hereby leases from Landlord the Premises from Landlordpremises which are to be constructed by Landlord in accordance with the Tenant Work Letter which premises shall contain the approximate number of square feet set forth in Section 2.2 of the Summary (the "PREMISES"). Landlord and Tenant acknowledge The parties hereto agree that the rentable square footage lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCS") herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such TCC's by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT A --------- is to show the approximate location of the "BUILDING," as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "COMMON AREAS," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "PROJECT," as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.2.2 this Lease and in the rentable square footage of Tenant Work Letter attached hereto as EXHIBIT B (the Building is as set forth in Section 1.6; provided"TENANT WORK --------- LETTER"), however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Landlord shall deliver The taking of possession of the Premises when the Premsies are Ready for Occupancy, by Tenant shall conclusively establish that the Premises is at such time in good and sanitary order, condition and repair, subject only to Tenant with the floors cleared of trash punchlist items and swept and free from occupancy by any other party. The foregoing provisions Landlord's obligations set forth in Article 7 of this Lease, including, without limitation, Landlord's obligation to maintain in accordance with Section 2.1.2 shall not limit Landlord’s obligations under 7.1 the "Building Structure" as that term is defined in Section 7 or Tenant’s rights under Section 6.37.1 of this Lease.

Appears in 1 contract

Samples: Lease (Diversa Corp)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided hereinherein (including, without limitation, Exhibit B), the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant acknowledges that the Premises and the Building are then in the condition and configuration required hereunder. Notwithstanding the foregoing, within 5 days after the substantial completion of the Tenant Work, Landlord and Tenant shall together conduct an inspection of the Premises and prepare a “punch list” setting forth any portions of the Tenant Work that are not in conformity with the floors cleared of trash and swept and free from occupancy Tenant Work as required by any other party. The foregoing provisions the terms of this Section 2.1.2 Lease. Notwithstanding the foregoing, at the request of Landlord, such construction punch list shall not limit be mutually prepared by Landlord and Tenant prior to the date on which Tenant first begins to move its furniture, equipment or other personal property into the Premises. Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3, as part of the Tenant Work, shall use good faith efforts to correct all such items within a reasonable time following the completion of the punch list.

Appears in 1 contract

Samples: Office Lease (Optimer Pharmaceuticals Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure remeasure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) 10 business days after receiving it, and if . If Tenant fails to do so, Landlord shall deliver a second notice to Tenant which Tenant shall respond to within three (3) business days. If Tenant fails to respond to such second notice, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Notwithstanding the foregoing, (a) within 30 days after substantial completion of the Tenant Improvement Work (defined in Exhibit B), Landlord and Tenant shall deliver jointly inspect the Premises and prepare a “punch list” identifying any portions of the Tenant Improvement Work that do not comply with Landlord’s obligations under Exhibit B (provided, however, that, upon Landlord’s request, such inspection shall be performed and such punch list shall be prepared before Tenant begins moving its furniture, equipment or other personal property into the Premises); and (b) Landlord, as part of the Tenant Improvement Work, shall use good faith efforts to correct all such items within a reasonable period of time after preparation of such punch list. By taking possession of the Premises pursuant to this Lease, Tenant with acknowledges that the floors cleared of trash Premises and swept the Building are then in the condition and free from occupancy by any other partyconfiguration required hereunder. The foregoing provisions of this Section 2.1.2 2 shall not limit abrogate Landlord’s obligations under Section 7 or of this Lease nor Tenant’s rights under Section 6.3.6.3 of this Lease, nor Tenant’s rights under Section 33.4 of Exhibit B hereto

Appears in 1 contract

Samples: Sublease (NeurogesX Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At Within 60 days after the Commencement Date Landlord shall, and at any time thereafter Landlord may may, deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.

Appears in 1 contract

Samples: Office Lease (Graphon Corp/De)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 1.2 of the Summary (the "Premises"). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 1.2.2 and 1.2 of the rentable square footage Summary. The RSF of the Building and Premises shall not be subject to re-measurement or modification unless Landlord elects to do so solely for purposes of recalculating Tenant’s Share of Direct Expenses, in which case any such measurement shall be governed by ANSI/BOMA Z65.3-2009 Exterior Gross Area Standards for a single-tenant building, modified to include balconies, roof decks and 2-story lobbies, but specifically excluding mechanical and other non-occupiable penthouses on the roof and drip lines. The lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The purpose of Exhibit A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord this Lease and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Work Letter attached hereto as Exhibit C, as a confirmation of B (the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so"Work Letter"), Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, accept the Premises are accepted by Tenant in their configuration existing, "as is" condition, and condition existing on the date hereof, without any obligation of Landlord and Tenant shall not be obligated to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Work Letter. Landlord shall deliver The taking of possession of the Premises by Tenant when Ready for Occupancy shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Except when and where Tenant's right of access is specifically excluded in this Lease, Tenant shall have the right of access to Tenant with and use of the floors cleared of trash Premises and swept and free from occupancy by any other party. The foregoing provisions of this Common Areas, including the Project parking areas, twenty-four (24) hours per day, seven (7) days per week during the "Lease Term, " as that term is defined in Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.32.1, below.

Appears in 1 contract

Samples: Office and R&d Lease (Aquantia Corp)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the initial premises set forth in Section 2.2 of the Summary (the “Initial Premises”) and the expansion premises set forth in Section 2.2 of the Summary (the “Must-Take Space”) (such Initial Premises from Landlordand Must-Take Space are, collectively, the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit A attached hereto and contains approximately the number of rentable square feet as set forth in Section 1.2.2 2.2 of the Summary. Subject to the conditions of Section 29.25 of this Lease, the parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises and the rentable square footage “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Building Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.6; providedthis Lease and in the Work Letter Agreements attached hereto as Exhibits B and B-1 (the “Work Letter Agreements”), however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Work Letter Agreements. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject only to (i) punchlist items provided to Landlord shall deliver in writing within thirty (30) days following Landlord’s delivery of the Premises to Tenant with Tenant, (ii) the floors cleared “good working order” requirements of trash Section 1.2 of the Work Letter Agreement attached to this Lease as Exhibit B, and swept and free from occupancy by any other party. The foregoing provisions (iii) Landlord’s ongoing obligations set forth in Article 7 of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Lease.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the initial premises set forth in Section 2.2 of the Summary (the “Initial Premises”) and the expansion premises set forth in Section 2.2 of the Summary (the “Must-Take Space”) (such Initial Premises from Landlordand Must-Take Space are, collectively, the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit A attached hereto and contains approximately the number of rentable square feet as set forth in Section 1.2.2 2.2 of the Summary. Subject to the conditions of Section 29.25 of this Lease, the parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises and the rentable square footage “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Building Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.6; providedthis Lease and in the Work Letter Agreements attached hereto as Exhibits B and B-1 (the “Work Letter Agreements”), however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenaxx xxxo acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for Tenantthe conduct of Tenaxx’x xusiness, except as specifically set forth in this Lease and the Work Letter Agreements. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject only to (i) punchlist items provided to Landlord in writing within thirty (30) days following Landlord’s business. Landlord shall deliver delivery of the Premises to Tenant with Tenant, (ii) the floors cleared “good working order” requirements of trash Section 1.2 of the Work Letter Agreement attached to this Lease as Exhibit B, and swept and free from occupancy by any other party. The foregoing provisions (iii) Landlord’s ongoing obligations set forth in Article 7 of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Lease.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.1 of the Summary (the "Premises"). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit A attached hereto and the Premises shall have approximately the number of square feet of rentable area as set forth in Section 1.2.2 and the rentable square footage 2.1 of the Building Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions required of it and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit B is to show the approximate location of the Premises and Building, as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the access ways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord this Lease and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form description of the Landlord’s Work attached hereto as Exhibit C, as a confirmation of the information set forth therein. Tenant Landlord shall execute and return (or, by notice not be obligated to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Xxxxxx also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, Premises for the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Landlord’s Work. Landlord shall deliver The taking of possession of the Premises by Tenant shall conclusively establish that the Premises/ Building were at such time in good and sanitary order, condition and repair, provided, latent conditions that are discovered following taking possession shall be subject to Tenant with the floors cleared respective maintenance and repair obligations of trash and swept and free from occupancy by any other party. The foregoing provisions of the parties set forth in this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Lease.

Appears in 1 contract

Samples: Triple Net Commercial Lease Agreement

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant vacant and with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3swept.

Appears in 1 contract

Samples: Office Lease (Xactly Corp)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted BOMA measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.

Appears in 1 contract

Samples: Office Lease (Infinity Bancorp)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 2 shall not limit abrogate Landlord’s obligations under Section 7 or Tenant’s rights under Sections 5, 6.3 and 7 of this Lease nor pursuant to Section 6.33.2.3 of Exhibit B hereto.

Appears in 1 contract

Samples: Office Lease (Coherus BioSciences, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises from Landlordis set forth in Exhibit A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. Landlord and Tenant acknowledge hereby stipulate and agree that the rentable square footage area of the Premises is as set forth in Section 1.2.2 2.2 of the Summary, and the rentable such square footage shall not be subject to remeasurement or modification. The parties hereto agree that the lease of the Building Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant and Landlord covenant as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by them to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in Section 1.6; providedthis Lease, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease. Landlord shall deliver The taking of possession of the Premises to by Tenant with shall conclusively establish that the floors cleared of trash Premises and swept the Building were at such time in good and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3sanitary order, condition and repair.

Appears in 1 contract

Samples: Office Lease (Sirna Therapeutics Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises Promises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 1.1.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) business days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided hereinherein (including, without limitation, Exhibit B hereto), the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant acknowledges that the Premises and the Building are then in the condition and configuration required hereunder. Notwithstanding the foregoing, (a) within 15 days after substantial completion of the Tenant Improvement Work (defined in Exhibit B), Landlord and Tenant shall jointly inspect the Premises and prepare a “punch list” identifying any portions of the Tenant Improvement Work that do not comply with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 Exhibit B (provided, however, that, upon Landlord’s request, such inspection shall be performed and such punch list shall be prepared before Tenant begins moving its furniture, equipment or Tenant’s rights under Section 6.3other personal property into the Premises); and (b) Landlord, as part of the Tenant Improvement Work, shall use good faith efforts to correct all such items within a reasonable period of time after preparation of such punch list.

Appears in 1 contract

Samples: Sublease Agreement (Telik Inc)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord the BOMA Z65.1-1996 Standard Method for Measuring Floor Area in Office Buildings and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, or the calculation of Tenant’s Share or the number of parking spaces to which Tenant is entitled under Section 1.9 during, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. . 2.1.3 Landlord shall deliver represents and warrants to Tenant that, as of the date hereof, Landlord has not received written notice from any governmental agency (and Landlord does not otherwise have actual knowledge, without any duty of inquiry) that the existing configuration or condition of the Premises or the Building violates applicable Law (defined in Section 5). 2.1.4 Landlord represents and warrants to Tenant with that, as of the floors cleared date hereof, Landlord is the fee owner of trash the Property. 2.1.5 Landlord represents and swept and free from occupancy warrants to Tenant that, to Landlord’s actual knowledge (without inquiry other than review of that certain Phase I Environmental Assessment dated November 19, 2011 prepared by IVI Assessment Services) as of the date hereof, the Building does not contain any asbestos-containing building materials or other Hazardous Materials (defined below) in amounts or conditions that violate applicable environmental laws. As used herein, “Hazardous Material” means any material or substance that is now or hereafter defined or regulated by any other party. The foregoing provisions statute, regulation, ordinance, or governmental authority thereunder, as radioactive, toxic, hazardous, or waste, including (i) petroleum and any of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 its constituents or Tenant’s rights under Section 6.3byproducts, (ii) radioactive materials, (iii) asbestos in any form or condition, and (iv) substances or materials regulated by any of the following, as amended from time to time, and any rules promulgated thereunder: the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. §§9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq.; the Toxic Substances Control Act, 15 U.S.C. §§2601, et seq.; the Clean Wxxxx Xxx, 00 X.X.X. §§0000 et seq.; and the Clean Air Act, 42 U.S.C. §§7401 et seq.

Appears in 1 contract

Samples: Office Lease (Navidea Biopharmaceuticals, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord the Standard Method for Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1 – 1996 and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may and Tenant shall execute and deliver to Tenant each other a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Should Tenant shall fail to execute and return (or, by notice to Landlord, reasonably object to) such notice within five thirty (530) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided hereinSubject to Landlord’s performance of Tenant Improvement Work pursuant to Exhibit B, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Notwithstanding anything contained herein to the contrary, Landlord represents that all Base Building systems serving the Premises are in good working order as of the date of this Lease. If any such Base Building systems are not in good working order as of the date of this Lease, Landlord shall deliver be responsible for repairing or restoring the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit same at Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3cost and without inclusion in Expenses.

Appears in 1 contract

Samples: Office Lease (Catasys, Inc.)

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”) and shown on Exhibit A, attached hereto. The Premises from Landlordconsist of space on the second, third, fourth and fifth floors within Building 2 (the “Building”) and shall be deemed to be the number of rentable square feet set forth in Section 2.2 of the Summary, subject to adjustment in accordance with Section 4.3, below. Landlord and Tenant acknowledge shall not have the right to remeasure the Premises. The parties hereto agree that the rentable square footage lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Landlord and Tenant covenant as set forth in Section 1.2.2 and the rentable square footage a material part of the Building consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure made upon the Premises and/or condition of such performance. During the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation term of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do soLease, Tenant shall be deemed have access to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, Building 4 via the Premises are accepted by Tenant in their configuration and condition existing hallway on the date hereofsecond floors of Buildings 1 and 2, without and the current enclosed connector between Buildings 1 and 4 and the telephone-data-riser closet located in Building 2, level 2, which use may be in common with the other tenants and occupants of the Project. Tenant also acknowledges that neither Landlord nor any obligation agent of Landlord to perform or pay for any alterations to the Premises, and without has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease. Landlord shall not be obligated to provide or pay for any improvement work related to the improvement of the Premises except as expressly set forth in Section 5.5 and Section 5.7, below. Attached hereto as Exhibit A-1 is a plan for the Building 2 loading dock area (the “Loading Dock”), which indicates an existing caged holding area which shall be deemed to be part of the Premises (but shall not be counted as useable square footage for the purposes of calculating the number of rentable square feet in the Premises) and available for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other partyexclusive use. The foregoing provisions use of this the Loading Dock by Tenant and other occupants or tenants of the Project shall be subject to the Rules and Regulations (as defined in Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.35.6, below) respecting the use of the Loading Dock.

Appears in 1 contract

Samples: Office Lease (3com Corp)

The Premises. 2.1.1 i. Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge and agree that (a) the rentable square footage area of the Premises is as set forth in Section 1.2.2 1.1.2 and the rentable square footage area of the Building is as set forth in Section 1.6; provided1.5, however, that Landlord may from time to time re-measure the Premises and/or the Building and each such rentable area has been determined in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such the Standard Method for measuring Floor Area in Office Buildings ANSI Z65.1 (the “BOMA Standard”), (b) the rentable areas described in the preceding clause (a) shall not be re-measurement; provided furthermeasured during the Term, howeverand (c) the rentable area of any “Excluded Space” identified pursuant to Section 5.6.1(a) or 7.7.1(a) of Exhibit F, that the rentable area of the balance of the Premises, and the rentable area of any such Offering Space (defined in Section 6.6.1 of Exhibit F) shall be determined in accordance with the BOMA Standard and shall not therafter be re-measurement shall not affect measured during the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time time, Landlord may deliver to Tenant a notice substantially in the form of Exhibit CD, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) 10 business days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 ii. Except as expressly provided hereinherein (including in Exhibit C), the Premises are accepted by Tenant in their “as is”, “where is” configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept broom-clean and free from occupancy by of debris and movable personal property. iii. This Lease is solely a lease of space in the Building and does not constitute a lease of any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3land.

Appears in 1 contract

Samples: Office Lease (Magnite, Inc.)

The Premises. 2.1.1 1.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building is as set forth in Section 1.6Basic Lease Information; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five ten (510) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 1.1.2 Except as expressly provided hereinspecifically set forth in this Lease (including the Tenant Work Letter attached hereto as Exhibit B (“Work Letter”), Tenant agrees to accept the Premises are accepted by Tenant in their condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform provide or pay for any alterations work or services related to the improvement of the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building Premises or the Project or their suitability for the conduct of Tenant’s business. ; provided, however, that, on the Commencement Date, Landlord shall deliver possession of the Premises to Tenant in vacant, broom clean condition with the floors cleared Base Building Systems and the roof of trash the Building in good condition and swept and free from occupancy by any other party. The foregoing provisions repair (which, for purposes of this Section 2.1.2 1.1.2, shall mean that the Base Building Systems are not malfunctioning, in violation of Laws or otherwise not operating properly, without regard to Tenant’s use of the Premises, and that the roof is watertight). By taking possession of the Premises, Tenant acknowledges that the Premises are then in the condition and configuration required hereunder; provided, however, that if, during the first two hundred seventy (270) days following the Commencement Date, Tenant notifies Landlord in writing (a “Tenant Repair Notice”) that the Base Building Systems, or any of them, or the roof of the Building, are not in good condition or repair, then Landlord shall not limit be liable to Tenant for any damages, but as Tenant’s sole remedy, Landlord, at no cost to Tenant, shall perform such work or take such other action as may be necessary to place the same in good condition and repair; provided further, however, that, subject to the provisions of Section 10.4 below, any damage to the Base Building Systems or the roof of the Building arising from (i) the misuse, misconduct, omissions and/or negligence of Tenant or any Tenant Parties (as defined in Section 10.1 below), or (ii) any Alterations (as defined in Section 7.2 below), including the installation of any Rooftop Equipment (as defined in Exhibit F attached hereto), shall be repaired by Landlord and Tenant shall pay Landlord the reasonable cost thereof, including a reasonable percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s obligations under involvement with such repairs and replacements, within thirty (30) days after receipt of an invoice therefor. If Tenant does not give Landlord a Tenant Repair Notice within two hundred seventy (270) days following the Commencement Date, correction of any deficiency in the Base Building Systems or roof of the Building shall be the obligation of Landlord or Tenant, as the case may be, pursuant to Section 7 below. For purposes of this Lease, the “Base Building Systems” means the base building heating, ventilation and air conditioning units, the base building electrical panel and the base building plumbing and sewer lines stubbed out to the Premises on the Commencement Date and that serve the Premises generally (as distinguished from the portions of such systems that may be installed or modified by Tenant, and any systems, equipment or components, including the uninterrupted power supply system (UPS), that serve a particular portion of the Premises or Tenant’s rights under Section 6.3particular use of the Premises, such as a computer server room, “clean room” or other R&D or laboratory space). Without limiting the foregoing, the Base Building Systems exclude (a) interior lighting (including switches, light bulbs and ballasts), (b) HVAC distribution components and systems (including VAV boxes, ducting, diffusers and distribution lines), (c) fire and life safety systems and equipment located in the Premises, (d) energy management control systems and equipment, (e) security systems, including card key systems, locks and doors, and (f) any interior controls or design features that are customarily installed as part of the leasehold improvements in the Premises.

Appears in 1 contract

Samples: Office Lease (Ubiquiti Networks, Inc.)

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